Prosecution Drops Half The Charges In Pirate Bay Case

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Prosecution Drops Half The Charges In Pirate Bay Case


The copyright violation case against the founders of The Pirate Bay [http://thepiratebay.org/] took a bit of a beating yesterday when the prosecution was forced to drop half the charges against them due to lack of evidence.

It turns out that the .torrent files used by the prosecution can't actually be proven to have used The Pirate Bay's tracker, according to a DHTs [http://torrentfreak.com/50-of-charges-against-pirate-bay-dropped-090217/] (distributed hash tables), a decentralized lookup service, and failed to properly explain their workings, telling the court the evidence doesn't indicate The Pirate Bay's trackers were being used.

As a result, the prosecution has dropped all charges related to "assisting copyright infringement," leaving only "assisting making available" still on the table. "This is a sensation," said defense lawyer Per E. Samuelson. "It is very rare to win half the target in just one and a half days and it is clear that the prosecutor took strong note of what we said yesterday." A circumspect Peter Sunde, another co-accused, was also pleased with the turn of events, describing it as "EPIC WINNING LOL" on Twitter [http://twitter.com/brokep/status/1218354272].

The International Federation of the Phonographic Industries [http://www.ifpi.org/], naturally, took a different approach and attempted to portray the decision in a positive light. "It's a largely technical issue that changes nothing in terms of our compensation claims and has no bearing whatsoever on the main case against The Pirate Bay," an IFPI attorney said. "In fact it simplifies the prosecutor's case by allowing him to focus on the main issue, which is the making available of copyrighted works."

The Pirate Bay founders were originally facing numerous charges [http://www.escapistmagazine.com/news/view/89466-Pirate-Bay-Founders-On-Trial-In-Switzerland] of copyright violations with penalties of up to two years in prison and fines of $143,500; media companies involved in the case are also seeking damages of roughly $13.5 million. The trial, which is taking place in Sweden and not Switzerland, continues today.


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Trivun

Stabat mater dolorosa
Dec 13, 2008
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I notice how you were quick to make sure that the trial is in Sweden and not Switzerland... :D

As for the case itself, I'm actually on the side of the prosecutors. I myself have owned pirated material in the past, but I'm a bit of a cheapskate and don't like to pay for it. In general though, I don't actually agree with pirating, especially for profit as Pirate Bay have done.
 

Skrapt

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May 6, 2008
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This case is idiotic, half the charges dropped because the prosecutor didn't understand the basic concepts behind P2P? Shows the kind of high caliber legal mind you must be to serve the RIAA. I don't agree with piracy of any sort, but what the RIAA has been doing for years now amounts to extortion, and if it takes TPB to make them realize that their business model is flawed and that no amount of litigation will allow them to continue operating as they have done for the past 20 years or more well I'm in favour of that. The marketplace has evolved and the RIAA has opposed it at every turn and should pay the price for failing to adapt, not be protected by the courts.
 

Johnny Danger

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Oct 19, 2008
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Trivun said:
In general though, I don't actually agree with pirating, especially for profit as Pirate Bay have done.
Can you elaborate on this? Are you just refering to having ads and stuff?
 

Nimbus

Token Irish Guy
Oct 22, 2008
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Trivun said:
I notice how you were quick to make sure that the trial is in Sweden and not Switzerland... :D

As for the case itself, I'm actually on the side of the prosecutors. I myself have owned pirated material in the past, but I'm a bit of a cheapskate and don't like to pay for it. In general though, I don't actually agree with pirating, especially for profit as Pirate Bay have done.
It seems that you're being a bit of a hypocrit here. Just sayin'.
 

Ronwue

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Oct 22, 2008
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I bet the case will be over tomorrow, with the other half of charges falling through.
 

BladePHF

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Mar 24, 2008
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sv93 said:
Well if they're pirating for money then they're selling copyrighted money which goes against that FBI warning we see at the beginning of movies right. :p
Uhm, what? Use of Piratebay is free of all charges, what are you getting at?
 

Johnny Danger

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Oct 19, 2008
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sv93 said:
BladePHF said:
Uhm, what? Use of Piratebay is free of all charges, what are you getting at?
Reading the posts above, lots of people seem to be saying that they charge.
Hmm, at least I thought I saw it. Oh well, never mind then :p
I used to use Pirate Bay and as far as I know they have never charged anything (I don't condone any sort of piracy now though).

That's why I was asking in my previous post about what Trivun mentioned about them making profit. The only thing I can think of them making any money on is the ads that their site has.
 

Somethingfake

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Oct 22, 2008
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sv93 said:
Well if they're pirating for money then they're selling copyrighted money which goes against that FBI warning we see at the beginning of movies right. :p
They don't gain any money from pirating. The income they get comes from shirts they design and sell and from ad revenue. Go grow a brain cell, experience the joy of not being a moron, then come back. We'll wait.
 

Nimbus

Token Irish Guy
Oct 22, 2008
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Also, let's not forget the hugh costs of running such a big site. The ads would probably barely cover that.
 

Skrapt

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May 6, 2008
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Nimbus said:
Also, let's not forget the hugh costs of running such a big site. The ads would probably barely cover that.
True, imagine the amount of bandwidth and space 25 million users + take up.
 

HobbesMkii

Hold Me Closer Tony Danza
Jun 7, 2008
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Selling T-Shirts is profiting off of pirating? I thought selling T-Shirts was selling T-Shirts. Uh oh... someone should tell the "Life is good" guys.

Seriously though. They're not be attacked for making a profit somewhere down the line. They're being prosecuted for actively facilitating the dissemination of pirated materials. It's not about them making a profit (I seriously doubt that they have 13.5 million to rub together) it's about them "hurting" (whether or not that's true) the profits of others.
 

BladePHF

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Mar 24, 2008
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Skrapt said:
Nimbus said:
Also, let's not forget the hugh costs of running such a big site. The ads would probably barely cover that.
True, imagine the amount of bandwidth and space 25 million users + take up.
On the other hand, remember that most users spend, what, the better part of 30 seconds using the site? It's not like any of the actual stuff is really there, you just hit a search for what you want and two clicks down the line you are already closing the browser.
 

Caliostro

Headhunter
Jan 23, 2008
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Tomorrow's headline: Prosecution drops all charges in Pirate Bay case after being unable to explain what a download is. Attorney general for the prosecution refuses to comment and eats his own shoes.