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The Pirate Bay Gets Closer to Retrial

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6:30 PM - May 11, 2009 by Jane McEntegart

An attorney for one of the four men involved in the Pirate Bay case last week outlined the group’s defense that will be used when they appeal last month’s guilty verdict.

Fredrik Neij, Gottfrid Svartholm Warg, Peter Sunde and Carl Lundström were last month sentenced to one year each in prison and fines amounting to a combined $3.6 million. All four vowed to appeal the ruling and during the press conference, Sunde went off camera and came back with a sheet of paper that said "I OWE U 31,000,000 SEK." That's as close as they are going get, he said. He went on to say that even if he had that kind of money, he would rather burn everything he owned and even then, he wouldn’t hand over the ashes.

Not long after, Tomas Norström, the judge presiding over the case, was accused of being biased in his decision due to his involvement with various copyright bodies. Norström is a part of Svenska föreningen för upphovsrätt (Swedish Copyright Association), whose other members include those who represented the entertainment industry in the trial against the Pirate Bay. Norström denied that his involvement with copyright groups played any part in his decision, however Pirate Bay defense lawyer Peter Althin said that he plans to demand a retrial.

Althin spoke to CNet on Friday and detailed Peter Sunde’s defense, adding that he is asking the high court of justice to grant a retrial in the district court of Stockholm. According to the interview with CNet, in addition to the alleged conflict of interest, Sunde's appeal objects to the verdict's conclusion that his company helped develop The Pirate Bay. Rather, he has only admitted being a spokesman for the site. They are (of course), using the ever popular argument that TPB does not encourage anyone to commit a crime. So even if Sunde’s company was found to have a development role, TBP did not assist copyright violation. Althin told the publication that Sunde is also claiming that the damages to copyright holders were too high and calculated in an unreasonable way.

TorrentFreak today reports that, aside from demanding a retrial, the four will also ask for a fresh investigation to be opened up. According to TF, the defendants will request a new investigation from the police because the investigation on which the prosecution built its case was headed by Jim Keyzer, who already knew that he was going to be employed by Warner Bros. when he interviewed the defendants.

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Source : Tom's Hardware US

Talkback
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dragonfang18 05/12/2009 12:41 PM
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Arrrrg!!! I hope they be owning the justice system again. ARRRRG!

turboflame 05/12/2009 12:43 PM
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Maybe eventually the industry will get tired of going after torrent trackers and torrent software developers and go after the people actually committing crimes. You know, the people who are actually downloading/uploading illegal content. Funny how everyone always forgets about them.

jsloan 05/12/2009 12:59 PM
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B-Unit 05/12/2009 1:00 AM
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Umm, they've tried that, do you not recall the tales of kids being fined like $70,000?

daship 05/12/2009 1:14 AM
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Its time for Hollywood to start posting .torrents of their own for $1.00 a pop "more then fair price" and let technology move on. Just think if they had $1.00 for all of these .torrents. People that use .torrents do so because $20 for a DVD is $19.00 to much. These people would not go buy it if they had to, therefore they arent loosing any sales.

Hollywood needs to set up a cheap netflix type of system with $1.00 movie rentals.

Just think if these ass holes were around when the radio was invented.

The internet is the next best thing, it has the power to replace conventional TV and Radio, get on the wagon or be left behind.

solymnar 05/12/2009 1:49 AM
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daship :
Just think if these ass holes were around when the radio was invented. The internet is the next best thing, it has the power to replace conventional TV and Radio, get on the wagon or be left behind.



Radio pays royalties to music companies and stays afloat with "and now a word from our sponsor". So the RIAA is just peachy with radio and always will be.

That said I do agree that if they focused on adapting to the times instead of trying to milk more money where there isn't money to be milked it would probably turn out better for them...and everyone else.

Zoonie 05/12/2009 1:50 AM
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turboflame :
Maybe eventually the industry will get tired of going after torrent trackers and torrent software developers and go after the people actually committing crimes. You know, the people who are actually downloading/uploading illegal content. Funny how everyone always forgets about them.



Wow, yeah, serious crimes like downloading the Lost episode that just aired on TV the night before!

How about this kind of energy and resources were instead put on bringing in REAL criminals, like pedophiles, murderers and traffickers?

This has been discussed so many times before - the entertainment biz needs to understand we're not living in the 70's anymore.

And to the swedish government... GROW SOME EFFING BALLS!

crisisavatar 05/12/2009 2:17 AM
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That court ruling was extremely biased I hope The Pirate Bay owns their faces, dirty greedy corps need to stop the abuse.

Raidur 05/12/2009 3:08 AM
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Yeah it seems like the corporations are dirtier than the pirates themselves. :) And its not like they're doing this with the intent to stop piracy... they know they will never even put a dent into it with shutting down a site or 2. They're doing it for money, the bastards, like they don't make enough... If they really wanted to stop illegal torrents they would start hitting the ISPs/downloaders. That's the only way they could strike fear and stop or slow illegal torrent downloads.

descendency 05/12/2009 3:59 AM
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Right or wrong, I find it amazing that they would jail these guys for years and fine them that kind of money and still let the site run.

I realize closing the site won't stop the trackers, but it does raise an interesting question about what they are really after.

sicundercover 05/12/2009 4:01 AM
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turboflame :
Maybe eventually the industry will get tired of going after torrent trackers and torrent software developers and go after the people actually committing crimes. You know, the people who are actually downloading/uploading illegal content. Funny how everyone always forgets about them.



Yea Good Idea! Take about 15 Million people to court and bog down the legal system, so even more Violent Criminals can get over looked.

Yea forget about the real crimes in the world lets go after those guys moving 1's and 0's across copper wire those cracks need to spend the rest of their lives in jail.

While were at it lets get Sony sued too for making DVD burners they a facilitating criminals and so are the makers of Ripping software.

Anonymous 05/12/2009 4:38 AM
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Si - I understand your argument, yet I don't really agree with it. The fact is, what I understand your argument to be is "Why aren't they going after the REAL criminals?!", something often said when people get pulled over for a speeding ticket. "Why are they focusing on my speeding when there are worse crimes out there?"

I think the fact is, that while there are certainly worse crimes out there, just because there are worse crimes doesn't mean we should completely ignore speeding, or piracy, or nonpayment of taxes, or counterfeiting, what have you.

I think a big perception of the public is that white collar crime is somehow "better" than crimes that we generally think of, murder, robbery, what have you. Now it is true that these are terrible crimes that should be punished. Yet white collar crime too, whether by corporations or individuals, costs the system more than any bank robber. The fact is, you can't deny that somehow everyone on the torrents right now would have never bought anything they ever pirated. Maybe some of them would not have, but that's kind of a stretch to say money isn't being lost. White collar crimes, whether committed by corporations or individuals, should be punished in my opinion. They cause damage to people who create content, and sadly, the marketplace isn't a democracy. It isn't up to pirates (who I think falsely claim to speak for the majority) how Paramount or Death Row Records is going to prosecute business. Just because I think that a price is wrong doesn't give me the right to take it. Should businesses have to adapt to the changing world? Sure. But it should be individual choice on the part of those businesses, and not pirates saying "You'll never stop us, you have to adapt, its your fault we're pirating your materials." That isn't fair.

I know this post is gonna spark disagreement. I understand and respect your opinions. And I encourage you to argue with me, I'm not infallible. But please, try to restrict your flame instinct. I'm just giving my opinion.

acecombat 05/12/2009 4:39 AM
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daship :
Just think if these ass holes were around when the radio was invented. The internet is the next best thing, it has the power to replace conventional TV and Radio, get on the wagon or be left behind.

Radio works by paying a certain amount per year for a broadcasting licence which in turn the music companies each year submit an application and they work out roughly what each music company gets based on playtime and popularity of the music. They could quite easily do the same for the internet if they wanted to....approx 1.6 billion internet users, so if they charged $30 (or thereabouts) a month (say only 30% would use this service) then thats 533m x $30 for a grand total of just short of $16 trillion per month.....they could get their claws in on that which would surely cover there costs no??? I would gladly pay $30 a month for legitimate access to all the movies, tv shows, music and apps that I would want to watch. But I agree, the internet is the future and they need to get on board!

Gazz 05/12/2009 5:20 AM
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cruiseoveride 05/12/2009 7:59 AM
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Google needs to be brought down if these guys go down

Thor 05/12/2009 8:56 AM
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I'm really disgusted to see the rich control everything on Earth.
The only thing that remains open is the internet.
And here again they want to control as the rest.

Globalization is the shit.
It only makes the rich richer and the poor poorer.
And it allows the rich of any race and any on this planet.

Justice has never existed.
Only the money controls everything.

And the rich pay nothing.
All put their money in tax havens.
And we dare mention the crisis. "
Given that 10% of the population owns 99% of the money.

Capitalism is not better than communism, socialism, Nazism, etc..
It is a corrupt system where only the rich live well.

But the most ironic is that potentially, all humans have a soul rich.

What is the most dishonest?
Share files for free on Internet, or hold billions in bank accounts and do NOT pay (tax, tax, etc) at all!

Rich controls all media except the Internet.
So it is not surprising that on TV, radio, cinema, in newspapers, magazines, etc.. it keeps saying that the Pirates are

criminals.

Yet it is precisely the rich who are criminals.
Exploiting human life in under-developed.

It is not surprising to see them in China and to file madly lives they destroy.

The only important thing for the rich, all Avars, is money.
And through media they own, they progress, with high efficiency, the people, telling them that sharing files over the

Internet is a crime, but that does not pay tax, taxes, etc, is correct.
And not to worry people, their condition, and only money is important, that is fine too.

The rich are the biggest criminals on this planet. The greatest villains that exist. The most miserly. Most thieves.

While we condemn people because they share something for free on Internet, we give medals to Riches to make the money

dishonestly and never paid anything (taxes, etc.) in their country or other countries.

I hope one day people will stop watching TV and make the Revolution. And for all the rich to the last without exception.

eddieroolz 05/12/2009 8:57 AM
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Arr!

Ciuy 05/12/2009 10:53 AM
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hahahahaha ARGHH this whole thing with TPB will turn against the copyright industry. Ths will be the last time a torrent site will get such attention, no1 will go after them again cause its useless. U cant stop pirating this way.

argh ...

smalltime0 05/12/2009 12:39 PM
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emsa :
The fact is, you can't deny that somehow everyone on the torrents right now would have never bought anything they ever pirated. Maybe some of them would not have, but that's kind of a stretch to say money isn't being lost. White collar crimes, whether committed by corporations or individuals, should be punished in my opinion..."You'll never stop us, you have to adapt, its your fault we're pirating your materials."...


Most the people I know will still buy something that they pirate, or go see it at the cinema, if they like it. I know that I only bought the games I have from Stardock because I pirated them.... found them to be good and worth their price.

Now when you have massive imbalances in international pricing, that just fosters piracy. In sept last year when the AUD was roughly parity with the USD (i.e. almost 1:1) it still cost $100+ for a video game (with GTA IV being like $120 and some special editions about $150), and this was in the dedicated computer game stores. I personally wouldnt sink that kind of money without knowing its good.

mcvf 05/12/2009 1:53 PM
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Well I think that The Pirate Bay, at the end, will loose. There is too much money and greed of always increasing profit for some rich to let it go. But I believe that they will not be forgotten - I believe that this is the first step and the catalyst to show people what is going on around them and make them wake up. In fact, more harsh are they with them, stronger the opposition and/or revolution will be. Lets wake up, the rules around us as they are presented today just do not work anymore. It is time to create some new rules and law, reform and abandon many old ones.

gorehound 05/12/2009 1:56 PM
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might as well go and arrest google while you are at it.
very easy to do direct downloads on google of pirated material.
and i am not even talking about P2P but directly downloading apps,music,and videos

And I am on a personal boycott of big studios.
1.i refuse to buy any band who signs with the RIAA
2.i do not buy any material from any label who signs with RIAA
3.i hardly buy any films ever
4.i read a lot and learn something while lisdtening to my personal collection of vinyl and CD's

azxcvbnm321 05/12/2009 3:15 PM
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You can boycott all you want as long as you don't steal. But let me guess, you're going to steal. Enough with the fake morality, I would love to be able to boycott you and take everything you own at the same time. Then I could go around spending your money and telling everyone what an A hole you are and how righteous I am.

Grims 05/12/2009 3:22 PM
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acecombat :
Radio works by paying a certain amount per year for a broadcasting licence which in turn the music companies each year submit an application and they work out roughly what each music company gets based on playtime and popularity of the music. They could quite easily do the same for the internet if they wanted to....approx 1.6 billion internet users, so if they charged $30 (or thereabouts) a month (say only 30% would use this service) then thats 533m x $30 for a grand total of just short of $16 trillion per month.....they could get their claws in on that which would surely cover there costs no??? I would gladly pay $30 a month for legitimate access to all the movies, tv shows, music and apps that I would want to watch. But I agree, the internet is the future and they need to get on board!




The problem with that is all that they would come out with is crap from that time forward, with no way to boost sales by individual titles...why bother?

azxcvbnm321 05/12/2009 3:25 PM
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Yes, most bank robbers will "buy" something too, like maybe a coke at the 7-Eleven later on. They also might deposit that stolen money in a few bank accounts too. So since they use banking services, I guess that makes it OK for them to rob the bank in the first place.


Please, no more stupid arguments folks. People who pirate obviously get something for nothing. They obviously benefit from stealing, if the stuff wasn't worth stealing, then they wouldn't steal it in the first place. How many people go and steal sand from the beach? How many people will steal grass off of your front lawn, or tap into your sewer pipe to steal your shit (literal)? Come on, those things aren't worth stealing, but movies and games are, your greedy friends are benefiting from someone else's hard work and refusing to pay his fair share.

This is just as despicable as the fraud of Bernie Madoff, pirates are just as greedy as the financial shamsters. They care nothing about society, they're just out for themselves to take whatever they can. And if the music label or movie producer has to cut jobs because his blockbuster film isn't doing as well as it should, well that's just too bad, unless it's you or your family. But that's the mentality of the pirate, screw you I'm here for myself and I'm taking all I can. Despicable. And those who will not condemn their actions enable them.

Anonymous 05/12/2009 3:47 PM
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To get back to the trial, and not the argument about piracy, this argument could be used against DVD/CD media producers. I would have to guess that a large percentage of blank DVDs/CDs are used for some sort of piracy. Copying a purchased CD is considered piracy even if used for personal reasons, like listening to the cd in your car. They facilitate copyright infringement. I think this ruling has no legal leg to stand on. This is not a defense for the Pirate Bay in any way, but a point of law.

bill gates is your daddy 05/12/2009 3:52 PM
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descendency :
I realize closing the site won't stop the trackers, but it does raise an interesting question about what they are really after.



It's called control.

The real power in the world is not money it is control.

These scenarios are created to allow the ones in control another opportunity to place more control over people. It's not that hard to understand or see. History shows it happening (if you care to look)

tenor77 05/12/2009 4:55 PM
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solymnar :
Radio pays royalties to music companies and stays afloat with "and now a word from our sponsor".



Actually music companies pay radio stations to play their songs. There are certain "approved" song lists that most stations abide by.

azxcvbnm321 05/13/2009 3:52 AM
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And is there something wrong with that? Someone has to pay to keep the radio station operating, you know it takes electricity and people to fill the airwaves. I worked at my college radio station and it's not that easy. One time we had about a minute of dead air because my friend and I were stoned and didn't realize the last song, which was the last of the album, had finished. Good thing we were on at 1AM.

Guess what folks? Profits are good. Profits are available only because there is an unmet demand for something. And companies can make profits only by fulfilling that need. Take Two can charge $59 or whatever for GTA because the game is very fun to play and people want it. I can program the game of Life and an airplane reservation system that will auto-assign seats, however no one wants this and so I can't make a profit. It's not that easy to make a profit, it takes work and you have to deliver something the buyer wants. The buyer will not buy if the product is not worth it to him. I will pay up to $99 for GTA because it delivers hours and hours of great entertainment, at $59 or $39 it is a bargain to me.

However pirates are able to enjoy games and other entertainment without paying anything. Yes people do need to wake up, there does need to be a revolution. Pirating can no longer be tolerated, the day has to come when pirates are treated like con artists and robbers. How many record stores have to close down? How many people have to be laid off for you folks to care?

Do you care? You pretend to with all the social justice nonsense, but when it comes down to the reality of jobs lost and people's lives destroyed all because a group of greedy scumbag pirates refuse to pay their fair share and contribute to society, where is your anger? Where is your sense of justice?

Do any of you work? Will any of you work someday? Well think of this, what if the computer programming industry switched to a "contractor" model where companies contract out programs. "Write this code for us", they'll say, and after you write it, oops, we'll just pirate this code and "share" it, sorry, but you get nothing. Thanks, now go and write this program next. How are you going to survive? Is this fair?

azxcvbnm321 05/13/2009 4:01 AM
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Yes DVDs and CDs can be used for pirating, but most people burn stuff they already own, and if they paid for what they had, then DVDs and CDs can be 100% legitimate.

Before you type something, think about it and how stupid you think the people on this forum are. Are you about to type that a site called the PIRATE bay does not encourage or have anything to do at all with pirating? Now if the PIRATE bay actually tried to remove and report illegal activity, then they would have a better defense, but as is, they are there to promote and aid illegal activity. That's aiding and abetting and that's a crime that should be extended into the internet. If you know a bank robber is hiding from the police, you can't invite him in and hide him in the basement, even though inviting a person into your basement is not illegal in itself. If Osama Bin Laden chats you up on messenger and asks you what the best way to avoid police and the easiest worthwhile target is, you have a duty to report him. If you tell him and the place gets blown up with people in it, you are also guilty of murder, even though it's not illegal to chat with someone about police and tourist spots. Do you guys get the idea?

Anonymous 05/13/2009 7:10 AM
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Does anyone have any idea if you are able to sue Winchester (gun manufacturer) if you are shot and injured by a weapon made by them? Or can I sue an automaker because a drunk ran into me using their car? I was under the impression that there is some case law which establishes that this generally can't be done.

Torrent sites seem to be in the same position. It seems strange that people can sue for providing a technology, service or material that can be used (appropriately) or misused by individuals.

It might be nice the next time someone accidentally starts a forest fire to have the state sue the tobacco industry, fireworks company or oil company? Maybe we can fix all our state or national deficits in this way ... hehe

azxcvbnm321 05/14/2009 12:20 PM
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No you cannot sue a gun manufacturer just because someone use their gun to commit a crime, I believe that's a recent ruling from the Supreme Court. The software makers of torrent apps like Vuze shouldn't be sued either. But the Pirate Bay is not a software maker and the analogy to a gun manufacturer doesn't apply. Nice try.

By the way, there are objects out there that are illegal because they have very little value other than to do something illegal. Brass knuckles are illegal in California, and Uranium is certainly illegal even if you have the equipment to handle it. Sure there are some other legit uses for Uranium, but most likely it would be enriched and used to build a nuclear weapon. So possession of Uranium is illegal, even if you could want it to do scientific experiments with. That means programs like Vuze could be made illegal, this would be a drastic step and be dangerous because it could lead to abuse of government power. But we have to ask if the harm from programs like Vuze (which we all know are used 99% for illegal piracy) so outweighs the good that they do, that they should be banned.

My opinion is that we just go after the sites like Pirate Bay and individual users. Force Pirate Bay to release all their stats and info on IPs and people who are downloading from it. Then the downloaders can be dealt with one by one. It shouldn't be all that time consuming after the first few. Basically all that needs to be said is that "We have evidence of your piracy. We're willing to reduce your penalties, but only if you agree to plead guilty and not to appeal. Furthermore you'll be on piracy probation, do it again and the consequences will be very severe, like $250,000 per illegal ITEM you download".


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