Trial Going Well For The Pirate Bay

[Logan Westbrook]

Trial Going Well For The Pirate Bay

The first week of the Pirate Bay trial is over, and it appears to be going well for the pirates. So much so in fact, that they celebrated with champagne.

While the trial is far from finished, Pirate Bay founders Gottfrid Svartholm Warg, Peter Sunde Kolmisoppi and Fredrik Neij, as well as business man Carl Lundström, felt confident enough to throw a party with DJs and free champagne for everyone in attendance.

It seems that their confidence is well founded too, as if having half of the charges dropped [http://www.escapistmagazine.com/news/view/89538] wasn't advantage enough, the Pirate Bay's defense lawyers are running rings around the prosecution, picking holes in their arguments and exploiting legal loopholes.

The key points of the Pirate Bay defense are that the site itself does not host any pirated material, that all content is generated by users, not the site, and that the quantity of content is so great that it would be impossible to go through it all checking for links to copyrighted material. The defense argued that prosecution has also failed to prove any direct link between the site and the end users, quoting EU directives in what has been dubbed the King Kong Defense [http://en.wikipedia.org/wiki/King_kong_defense].

"EU directive 2000/31/EG says that he who provides an information service is not responsible for the information that is being transferred. In order to be responsible, the service provider must initiate the transfer. But the admins of The Pirate Bay don't initiate transfers. It's the users that do and they are physically identifiable people. They call themselves names like King Kong.

According to legal procedure, the accusations must be against an individual and there must be a close tie between the perpetrators of a crime and those who are assisting. This tie has not been shown. The prosecutor must show that Carl Lundström personally has interacted with the user King Kong, who may very well be found in the jungles of Cambodia."

The trial resumes on Tuesday.

Source: Gizmodo [http://i.gizmodo.com/5158007/pirate-bay-trial-watch-everybody-get-drunk-edition]



Permalink

 

[Eagle Est1986]

No surprise really. I like those Pirate Bay guys, throwing a 'mid court case' party, that's some confidence for ya. I'd like to think that they were hung over in court the next day.

 

[Aries_Split]

You should read some of the mail [http://thepiratebay.org/legal] they get.

 

[Sennz0r]

You should read some of the mail [http://thepiratebay.org/legal] they get.

Well those responses are a nice touch.

They really do bask in the fact that they're out of DMCA reach, don't they?

 

[Eagle Est1986]

You should read some of the mail [http://thepiratebay.org/legal] they get.

Damn, filtered at work. I'll be sure to check it out later.

The King Kong defense is somewhat genius, respect to the defense lawyer.

 

[Nivag the Owl]

Yay! Another victory for the Pirate Bay! Well, sort of. I'm sure they'll easily have all charges dropped completely. So many people have tried to shut them down and force them into cases like this and they've always ended up victorious!

As for the emails they get, some of them are absolutely hilarious but they haven't added any new ones for ages. Makes me sad ;(

 

[Dudemeister]

Wow...imagine losing a piracy case when the defendant is...The Pirate Bay.

Lol, like losing a murder trial to Murderer McMurderson.

 

[Sennz0r]

Yay! Another victory for the Pirate Bay! Well, sort of. I'm sure they'll easily have all charges dropped completely. So many people have tried to shut them down and force them into cases like this and they've always ended up victorious!

As for the emails they get, some of them are absolutely hilarious but they haven't added any new ones for ages. Makes me sad ;(

Maybe it's because they're basically all the same, and they ran out of witty remarks.

Witty, hilarious marks, still.

 

[Nivag the Owl]

Yay! Another victory for the Pirate Bay! Well, sort of. I'm sure they'll easily have all charges dropped completely. So many people have tried to shut them down and force them into cases like this and they've always ended up victorious!

As for the emails they get, some of them are absolutely hilarious but they haven't added any new ones for ages. Makes me sad ;(

Maybe it's because they're basically all the same, and they ran out of witty remarks.

Witty, hilarious marks, still.

Good point. And the current ones become fresh again if you leave them long enough.

 

[Dectilon]

I'm torn in this case. On the one hand I don't want Hollywood to "win" and thus postponing progress in the field of intellectual property. On the other hand at least one of these guys is a nazi, so I don't really want them to win either

 

[man-man]

It doesn't make a huge amount of difference whether they win or lose, the filesharing hydra will just grow a new head if TPB were to die, but I'd really prefer for them to win, and win big. Set precedents, send the industry back with their tail between their legs and etc.

The whole music/film industry needs to be made to realise that their content is going to be available before/on release day or soon after at the worst, globally, DRM-free, in any format, in full quality. No exceptions. They can either fight it and eventually become irrelevant, or embrace it and monetise it (just like they did with radio, VHS and CDs). If they can eke out an existence on the back of lawsuit winnings... well it just drags the process out and makes it more painful for everyone involved.

 

[Eruanno]

*dons the pirate hat and parrot* Arr, mateys! Shiver me timbers!

 

[Shadow Law]

Like in the old days the only way to prosecute a pirate is to hang them, but hanging is illegal now so the pirate bay should win the case.

 

[SirSchmoopy]

The funny thing is just last week I read something on how the MOVIE INDUSTRY is doing well in the rescission seeing a growth this year and expecting a small growth next year. They must be doing well to waste millions attacking companies that will pop up and up again.

 

[Limos]

Ha ha ha. That's rich. Pirates are officially more powerful that Lawyers now.

 

[GoOutside]

I've always wanted to be a pirate. I figured it out logically. Pirates get TWO kinds of booty. Isn't that awesome?! ARRRRRRR!!!!!! Also I laud the efforts of Pirate Bay(laud means throw a party for in my vocabulary) and frankly I'm hoping for some lashing for those big pricked CEO's!!

 

[mattttherman3]

Wow, if they win this case, imagine the laws that countries will have to develop now: You cannot have a site that hosts videos...maybe thats a bit to far but you never know

 

[Xvito]

Go team Pirate Bay!