
The trial is over and the world is now awaiting the judgement. The outcome will not only have impact on the legislation in Sweden. No, this is a global issue and it will pretty much set the tone for file-sharing all over the world. It has been quite the battlefield in the court room and being the good Samaritan that I am I will clarify the arguments of both parties.
The Prosecutor & Plaintiff
It’s not the technique that is the issue; it is the fact that there are Torrent files available on The Pirate Bay. Consequently, the site is guilty of distributing copyright protected material. Also sites linking to illegal material can be found guilty in the Supreme Court.
The accused have knowledge that copyright protected material is distributed through their site and they have done nothing to prevent it. The accused can be sentenced even if their site is a form of search engine. This according to previous sentences.
An agreement among the accused to form the company Random Media shows that all four should be held responsible. Three of the four have signed a contract and the fourth is mentioned in it – all according to the prosecutor.
The Accused
The Pirate Bay is nothing but a search engine. It is not possible to convict the supplier of the infrastructure for what the users are doing.
The prosecutor has not been able to show where and when the violation was committed, hence they can’t be convicted for being accomplices. It is not even clear that the violation was committed on The Pirate Bay.
Three of the accused maintain that they can’t be held personally responsible for the site. Only one of the four accused admits that he is operating the site, also adding that the purpose never has been to spread any copyright protected material. Nowhere on the site are visitors encouraged to file-share copyrighted works.




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