The Pirate Bay Demands Retrial

2009-04-23 by Damrod EMERITUS | 37 Comments
According to the BBC, the lawyer representing the defendants in the Pirate Bay trial has demanded a retrial, following the judge's admission that he has close ties to a Swedish copyright advocacy group.

According to a report by the British IT news site The Register, Sveriges Radio's P3 news programme claimed that the judge Thomas Norström is signed up to the Swedish Copyright Association (Svenska föreningen för upphovsrätt), which also counts Henrik Pontén, Peter Danowsky and Monique Wadsted as members. All three represented the entertainment industry in the case against BitTorrent tracker site The Pirate Bay.

Additionally, the judge sits on the board of the Swedish Association for the Protection of Industrial Property (Svenska föreningen för industriellt rättsskydd), which is lobbying for tougher copyright laws. However, Norström insisted to the radio station that his membership of the various copyright protection groups did not “constitute a conflict of interest”.

Naturally, the lawyer defending the Pirates suspects a conflict of interest. According to Peter Sunde’s lawyer Peter Althin, he reported a similar connection of a previous judge to court. The judge was withdrawn from the case because of possible conflict of interest.

Tagged: Various Artists

Comments:Add a Comment 
Damrod
Moderator
April 23rd 2009
1093 Comments


Definately looking forward to the development of this. I think this isn't over anytime soon.

Phantom
April 23rd 2009
9010 Comments


Oh dear.

ToWhatEnd
April 23rd 2009
3173 Comments


Nice. This will be interesting to watch.

SylentEcho
April 23rd 2009
1606 Comments


TPB is in the right I feel, they don't personally host any of the files on their website. They just do what Google does, except with torrents.

astrel
April 23rd 2009
2615 Comments


I think that if they are sentenced to be guilty, maybe they shouldn't be given such a ridiculously harsh sentence again.

Nauseum
April 23rd 2009
160 Comments


Oh goody.

Chewie
April 23rd 2009
4544 Comments


TPB woot

StrizzMatik
April 23rd 2009
4241 Comments


Wow scumbag. I meant the judge btw.

It's all a load of crap anyways. Just trying to make an example of someone despite the fact that TPB only hosts other peoples' links, not their own.

tripleb2k
April 23rd 2009
217 Comments


I like drama.

fireaboveicebelow
April 23rd 2009
6835 Comments


and here comes another 5000 comments about radical utopian vews

Donkey
April 23rd 2009
152 Comments


Stretch it out boys...

kitsch
April 23rd 2009
5117 Comments


and here comes another 5000 comments about radical utopian vews


and ppl who have probably never taken anything beyond a high school economics course saying that p2p will eventually lower the prices of CDs.

PuddleSwimmer
April 23rd 2009
1457 Comments


I mean he's a judge- why wouldn't he subscribe to an association that seeks to defend and promote certain laws?


That's exactly what I was thinking

kitsch
April 23rd 2009
5117 Comments


According to a report by the British IT news site The Register, Sveriges Radio's P3 news programme claimed that the judge Thomas Norström is signed up to the Swedish Copyright Association (Svenska föreningen för upphovsrätt), which also counts Henrik Pontén, Peter Danowsky and Monique Wadsted as members.


here is where you find the argument. in all actuality, its probably nothing, but if a judge is affiliated with either party outside of the courtroom/legal matters it is suspect.

Spamue1G
April 23rd 2009
1291 Comments


The issue is not whether the judge is pro- or anti-copyright (I suspect all judges are in favour) but whether copyright infringement is legal under Swedish law, and clearly it isn't.

That's true, but the simple fact is that TPB host no copyrighted material than google. In fact, google gives far more links to copyright-infringing material. TPB can't be convicted under that copyright law, for certain, but there may well be something else. I'm not gonna pretend I know everything about the trial, but I do know what I just said is true.

kitsch
April 23rd 2009
5117 Comments


just because theyre not as bad as other sites isnt a valid defense

"well your honor, my neighbor jim killed 3 people, and i only killed one, so you cant convict me."

quaazi
April 23rd 2009
200 Comments


But google is a completely accepted site.

kitsch
April 23rd 2009
5117 Comments


while the original purpose of torrents wasnt to spread copywrited material, no one can argue that
the main thing they do isnt spreading copywrited material. about 1% of the services google
provides is linking to blogs etc.

also, google doesnt host files. if im not mistaken, a main argument against these guys is that
they uploaded massive amounts of copywrited material.

This Message Edited On 04.23.09

Aaron
April 24th 2009
690 Comments


I don't see how this is a conflict of interest unless the judge actually stands to make money from his involvement with the copyright association.


It's the interest part that's conflicting, not the financial gain part [if any]. If a judge shows to support an interest group, then they'll unfairly sentence etc.

Aaron
April 24th 2009
690 Comments


Nah, I think it goes beyond that with things so controversial in the media.

Captain North
April 24th 2009
6793 Comments


If it was another torrent site they might be able to argue that their original purpose wasn't for illegal copies. But they called themselves the goddamn Pirate Bay. While I download as much as the next guy, and enjoy their services, their name alone is an admission of guilt.

lateoctober
April 24th 2009
171 Comments


I hope it goes better for them, they are not walking out of this but I hope they get a more lenient punishment.

mansondanzels
April 24th 2009
98 Comments


I wonder how long this will get dragged on for.

lauriej
April 24th 2009
1713 Comments


the have good reason to demand a retrial, he's bound to be biased

Zippermouth
April 24th 2009
1305 Comments


Fucking hell, here comes another thread littered with page long comments concerning theft, piracy and sales, while two obviously biased groups examine each others morales with tempered words and underhanded insults.

I wonder how long this will get dragged on for.

FOR-FUCKING-EVER


Slimjim367
April 24th 2009
512 Comments


llol
they got jailed for nothing
read up on the case
theres nno actual crime they commited
they hosted a search engine for torrents
the means of illegally downlaoding stuff
yet firearms are legal
the means of killing someone
noone sued google for it finding kid porn
its jsut the search engine, not the one creating it

fuckign dumbasses who prosecuted them

lauriej
April 24th 2009
1713 Comments


well slimjim, theres a bit more to it than that. think about it, they are providing the means to help the pirates, and you can't really argue against the fact that they are one of, if not the, largest piracy related site on the web.

Slimjim367
April 24th 2009
512 Comments


yes
but simply providing the means isnt enough for conviction as i used to gun reference for
for example
there are stores that can sell rolling paper
and filters
and bongs
but not weed
the reason being because you cant prove that they will use said items to break the law
though any other reason is extremely unlikely
the same can be said for the pirate bay
it proveides the means of illegal downlaoding
but doesnt break any laws,
thats up to its users to choose whether or not THEY will break the law

lauriej
April 24th 2009
1713 Comments


you make a fair point, but imagine if TPB didn't exist. people would use less torrents, probably.
also, they can't exactly convict everyone who has used TPB, so the prosecutors are a bit fucked.

XXXpickemgenius
April 25th 2009
139 Comments


If you watch their "press conferences" they fully expect this to go on for 5+ years.



TPB's pressers.This Message Edited On 04.25.09

scyther
April 25th 2009
1606 Comments


SlimJim, TPB is a search engine designed specifically for finding torrents. In reference to your gun analogy, what if a manufacturer made a gun that was designed specifically for killing humans, and it admitted so on the packaging? TPB will not win this trial because of their foolishness in creating something that acts as a middle-man for the free black-market. Not convicting them would be like building a case against a drug empire, and arresting only the street dealers and kingpins, and acquitting the street dealers connections to the kingpin. TPB was a bold effort, but the attention its getting will undoubtedly direct more at other torrent search engines and within twenty years or so the business will be locked down if our market laws do not change. Sadly.

Slimjim367
April 28th 2009
512 Comments


perhaps
but also
guns are mad eot kill humans
i.e. army guns
stolen guns, maybe, that makes sense
but if you follow the letter of the law
and each of these people did not INTERACT or UPLOAD any ILLEGAL torrents themselves
then theyre completely innocent
scyther, i tend to agree
though TPB is being used as an example
where logic doenst seem to apply
maybe if they had been forced to moniter each torrent being uploaded this all would be prevented
though that would take an exhaustng ammount of time.


Zippermouth
April 28th 2009
1305 Comments


Bottom line, search engines are a thing of evil and everyone who uses them is going to hell/jail.

Zippermouth
April 28th 2009
1305 Comments


Also, guns are bad

Slimjim367
May 1st 2009
512 Comments


amen

Drunk3nPanda
May 3rd 2009
26 Comments


false guns are goood

lauriej
May 12th 2009
1713 Comments


jump off a bridge



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