04
Mar
09

The suspense is killing me!

April 17th 11:00 UTC +1

That’s how long we have to wait for the verdict. It’s far too long for me. It’s totally a roll of the die, even if each of the sides in court are 100% completely utterly confident that their side will prevail. The Pirate Bay crew have been collecting most of the legal and media points during these two weeks, and we seen the prosecution behave like assholes on several occasion. Slandering Roger Wallis and shouting at the judge being their gravest missteps. But the political nature of the case makes it impossible to predict. 

Even worse though is that April 17th may yield nothing more than a “We will have to request a statemt from the EU”. Delaying the verdict from this instance about 2 years. After that there are two more instances to go through. It’s very likely that this issue will be done with politically and socially long before the case is settled.

The defense unanimously told the court that the case the prosecutor has put forth is utter rubbish. That it in no way ties either of the defendants to any of the acts of copyright infringement covered in the case. They can’t even legally prove that any copyright infringement took place in Sweden, let alone that TPBs servers where used in any way. Based on the lack of evidence it’s impossible to convict anyone of “assisting making available”. Their claims that 90% of the content on TPB is infringing copyright isn’t proven and the only thing on trial here seems to be the technology. The attitudes and political views of the defendants are not grounds for a guilty verdict. Also, since the core of the Internet is links to other information, simply pointing to something can not be sufficient to be found guilty in a court of law.

The defense did point out the math error of the prosecution yesterday, where 4 banners turned into 64, multiplying the estimated money earned by 16. And made a point of telling the court that even if the prosecution couldn’t get the source code to the tracker from the police, which the prosecution complained about yesterday. That source code is freely available on TPB for download. 

Some time was spent on whether paragraph 16 or 18 of the European e-commerce directive is the applicable one. Paragraph 16 says that a relayer of information is not responsible for the content. 18 says that a storage service is responsible for the content they store. In my opinion TPB steers clear of both. The torrent contains no copyright protected content and the only thing they transmit is metadata.

The defense also reminds the court that when the prosecution brought witnesses they brought CEOs that had little to no understanding of the technology and had done no research on their own. Nor had they read and comprehended any independent research and spent their time on the witness stand pushing their political views.

IFPI ceo John Kennedy even told the court that his wife keeps him away from the car because he’s that technically challenged.

When the prosecution was faced with an independent researcher who is also a practicing composer, former board member of a collection society for musicians, member of the governments IT council and professor emeritus at one of Sweden’s foremost technical universities, they resort to slander. 

The defense also points out the enormous consequences the trial will have on the Internet if their clients are found guilty. The Internet as we know it would have to be closed down if you are legally responsible of everything you link to.

More at SVD(sv), DN(sv), The Local, Torrent Freak, Wired, Threat Level


1 Response to “The suspense is killing me!”


  1. 2009-03-08 at 04:34

    I think two years is optimistic for the European Courts to process a case. You are right that the case has implications for the Internet and for the the future of entertainment ( http://commandline.org.uk/ethics/what-pirate-bay-trial-means-future-entertainment/ ) whichever way the case goes.

    In the long run, the technology does not stop. Code law beats paper law in speed, crossing borders and enforcing itself. The code law of filesharing will evolve past anything the legal system can develop.


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