Pirate Bay Judge Had "Conflict of Interest," Lawyer Calls For New Trial

Andy Chalk

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Nov 12, 2002
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Pirate Bay Judge Had "Conflict of Interest," Lawyer Calls For New Trial


A lawyer for the Pirate Bay is calling for a retrial after the judge in the case admitted to being a member of several "copyright-protection organizations."

Judge Tomas Norstrom confirmed a report by Swedish Radio that he was a member of two groups that support copyright laws in Sweden, the Swedish Association for Copyright and the Swedish Association for the Protection of Industrial Property. But he claimed his membership in the groups didn't create any conflict of interest, saying, "I don't think there are any circumstances that have made me biased in this case."

But lawyer Peter Althin, who represented Pirate Bay member Peter Sunde in the original case [http://www.escapistmagazine.com/news/view/89466-Pirate-Bay-Founders-On-Trial-In-Sweden], disagreed with the assertion and said he was going to call for a new trial. "I will point that out in my appeal, then the Court of Appeal will decide if the district court decision should be set aside and the case revisited," he said. Sunde himself said the report of the judge's affiliations had turned the case into a "farce."

A former attorney in Sweden told the BBC [http://news.bbc.co.uk/2/hi/technology/8014626.stm] the judge had made an "error of judgment," but added that a retrial was nonetheless unlikely. "The judge should have told the parties of his other engagements," Sven-Erik Alhem said. "Had he done that then they could make a decision on whether they wanted him as a judge in their case. I'm not sure the superior court could say that this was unfair, but had he been open then it wouldn't have been an issue."

Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.

Sunde, Frederik Neij, Gottfrid Svartholm Warg and Carl Lundstrom of The Pirate Bay were all found guilty [http://www.escapistmagazine.com/news/view/91027-The-Pirate-Bay-Found-Guilty] of violating copyright laws and sentenced to a year in prison and $4.5 million in damages. The verdict was reached despite the fact that The Pirate Bay doesn't actually host any copyrighted material itself but simply provides links to content hosted elsewhere. The group announced its intention to appeal the verdict the day the trial ended and also said they would refuse to pay any fines levied against them regardless of the outcome.

Source: CBC [http://www.cbc.ca/technology/story/2009/04/23/pirate-bay-retrial.html#socialcomments]


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Geo Da Sponge

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Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
 

Frequen-Z

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Geo Da Sponge said:
Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
Bias is bias, doesn't matter who against.
 

LoopyDood

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Geo Da Sponge said:
Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
Generally it's best if the judge and jury are as neutral as possible at any trial. That's why jury members go through such lengthy inspection, to ensure that they don't have any predisposition towards any side in the case before the trial even starts.
 

Geo Da Sponge

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Frequen-Z said:
Geo Da Sponge said:
Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
Bias is bias, doesn't matter who against.
But it's not a bias. He supports the law. The trial would have been a real 'farce' if he didn't. If he thought they were innocent, then his support of copyright law wouldn't have made a difference. It certainly doesn't warrant the suggestion of corruption, as if the Judge was bribed.
 

DamienHell

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Geo Da Sponge said:
Frequen-Z said:
Geo Da Sponge said:
Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
Bias is bias, doesn't matter who against.
But it's not a bias. He supports the law. The trial would have been a real 'farce' if he didn't. If he thought they were innocent, then his support of copyright law wouldn't have made a difference. It certainly doesn't warrant the suggestion of corruption, as if the Judge was bribed.
But the owners of thepiratebay didn't break any law. All they did was create an unmoderated website that allows people to upload files. That's not a crime.
 

TsunamiWombat

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Geo Da Sponge said:
Frequen-Z said:
Geo Da Sponge said:
Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
Bias is bias, doesn't matter who against.
But it's not a bias. He supports the law. The trial would have been a real 'farce' if he didn't. If he thought they were innocent, then his support of copyright law wouldn't have made a difference. It certainly doesn't warrant the suggestion of corruption, as if the Judge was bribed.
It's NOT the law in Sweden though, which is the issue at hand. This is the first time a Piracy case has come back guilty in Sweden. These copyright groups Lobby for harsher Copywrite law in Sweden, which doesn't exist as it does in the rest of the world, hence The Pirate Bays page of funny messaged from lawyers. This whole case is more political then legal- groups in Sweden are pushing to have harsher CP enforcement and the Judge is a member of one of these groups. By making this landmark ruling he creates precident, which could easily be construed as manipulating the political system to his parties benefit.

Oops
 

Geo Da Sponge

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TsunamiWombat said:
Geo Da Sponge said:
Frequen-Z said:
Geo Da Sponge said:
Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
Bias is bias, doesn't matter who against.
But it's not a bias. He supports the law. The trial would have been a real 'farce' if he didn't. If he thought they were innocent, then his support of copyright law wouldn't have made a difference. It certainly doesn't warrant the suggestion of corruption, as if the Judge was bribed.
It's NOT the law in Sweden though, which is the issue at hand. This is the first time a Piracy case has come back guilty in Sweden. These copyright groups Lobby for harsher Copywrite law in Sweden, which doesn't exist as it does in the rest of the world, hence The Pirate Bays page of funny messaged from lawyers. This whole case is more political then legal- groups in Sweden are pushing to have harsher CP enforcement and the Judge is a member of one of these groups. By making this landmark ruling he creates precident, which could easily be construed as manipulating the political system to his parties benefit.

Oops
To be honest, I wasn't aware of those deatils. I guess my original post was mainly influenced by personal opinion since I wholeheratedly agree with the outcome. Fortunately, I'm not a Judge. ;)
 

Doug

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Geo Da Sponge said:
Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
Well, think of it like this. Lets say there is a judge who's a member of an anti-drunk driver league. And then he's asked to judge on an alcohol company gets sued because a drunk driver kills someone. That would be a conflict of interest even though he's in a perfectly legal group obviously in favour of the law.
 

fix-the-spade

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Geo Da Sponge said:
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
But the law states a judge must be impartial. However you cut it, a judge who is a member of anti piracy groups and 'associates with the prosecution trial lawyers in his free time' during a case regarding piracy is not impartial. That's definately not siding with the law.
He might have just undermined the entire case, live in hope.
 

TsunamiWombat

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For the record, I don't agree with the ruling NOT because I support piracy because I stopped after some experimenting and nabbing the occasional OFG (Old Fucking Game) you can't get on GOG... like Tron 2.0 (and no I didn't find it in stores). Infact i'm against piracy since it seems to basically be permissable dickholeishness.

No, I disagree with the ruling because, despite the Pirate Bay groups magnificent bastard shenanigans they 1. Didn't technically do anything illegal, and 2. Don't have that kinda goddamn money to pay the fines. They're a non-prof, they don't make any money whatsoever off the site. They just have adverts to make costs. If they were PROFITTING I could understand, but...
 

jebussaves88

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Geo Da Sponge said:
Rick Falkvinge of the Swedish Pirate Party, however, was harsher in his assessment, calling the lapse "corruption and judicial decay at an unforgivable level."

"The judge in one of Sweden's most high profile case ever is also a member of an interest organization for one side and associates with the prosecution trial lawyers in his free time? That is inexcusable corruption," he said.
Wow. I wasn't aware that it was considered corruption when you're biased in favour of the law. If he's a member of a group that supports copyright law, then good for him. It's ridiculous to argue that his decisions are completely invalidated by his position on the subject, when he's on the side of the law? Isn't that the point of the Judge?
It's not entirely black and white whether what they did is illegal. In fact, the outcome of this case is probably the biggest bit of legislation so far (although I don't know if Common Law is used in Sweden) And now, even this seems to be blurred. I can see the need for a retrial. The whole issue of piracy isn't entirely black and white either.
 

Avida

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This trial had been going on for freaking ages, why had no-one looked into this before?!
 

PhoenixFlame

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jebussaves88 said:
retrial. The whole issue of piracy isn't entirely black and white either.
Well, the whole issue of digital piracy is what isn't black and white. As we've gone back and forth in the main thread about this, it's arguable for a lot of reasons, some which I disagree with but totally understand.

As for this new development? A retrial is probably pretty unlikely. I don't blame the TPB lawyer for doing what he's doing though - he's paid to defend them and he'll take whatever he can get to get that done.