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Appeal Is Denied in Pirate Bay Case (possibly not true)

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  • admin
    Administrator
    • Nov 2001
    • 8917

    Appeal Is Denied in Pirate Bay Case (possibly not true)

    The men said their judge, Tomas Norstrom, left, had been biased against them because he belonged to several copyright lobby groups, but the court said it had found no evidence of bias.
    A Swedish court has denied the appeal of four men convicted of violating copyright law for their involvement in the Pirate Bay, an Internet file-sharing service.


    Is the New York Times wrong?

    This article seems to suggest they may be:

    Someone just alerted me to a NY Times story claiming that the guys behind The Pirate Bay have lost their appeal of the verdict that found them guilty. That would be big news (and it may very well h…


    TPB defence wanted to claim bias against the judge, but the district court (the one that has tried the case) denies such claims and has said so to the appeals court, which has yet to rule - this is what the techdirt article states.

    Does anybody know what's really going on? Cynthia?
    Visit Digital Digest and dvdloc8.com, My Blog
  • cynthia
    Super Moderatress
    • Jan 2004
    • 14278

    #2
    Originally Posted by admin
    TPB defence wanted to claim bias against the judge, but the district court (the one that has tried the case) denies such claims and has said so to the appeals court, which has yet to rule - this is what the techdirt article states.
    This article is true.

    The lower court (Tingrätten) has sent an answer of what they think in the matter of the suspicion of the judge being compromised to the middle (appeal) court (Hovrätten) and stated that the judge was not compromised.

    It's now up to the middle court to rule if the case should go back to the lower court for a re trial or not, based if this middle court find the judge comprised or not. If not - then the case will show up as an appeal in the middle court as planned and they (The Pirate Bay) will have the original verdict reappraised.

    After the middle court - it's only one instance left and that is the highest court (Högsta domstolen). It's tricky to get a case up in that court as they only deal with very rare issues that could include interpretation of an unclear law situation.

    Last edited by cynthia; 13 Jun 2009, 11:32 PM.

    Comment

    • admin
      Administrator
      • Nov 2001
      • 8917

      #3
      Thanks for the info, Cynthia. Really appreciate it!
      Visit Digital Digest and dvdloc8.com, My Blog

      Comment

      • cynthia
        Super Moderatress
        • Jan 2004
        • 14278

        #4
        The trial will not be redone in the lower court as the middle court ruled today that the judge was not bias.

        Comment

        • admin
          Administrator
          • Nov 2001
          • 8917

          #5
          Sorry to dig up an old thread, but The Pirate Bay's appeals trial finally begins this week. The trial will last until the 15th of October.

          Visit Digital Digest and dvdloc8.com, My Blog

          Comment

          • cynthia
            Super Moderatress
            • Jan 2004
            • 14278

            #6
            The Pirate Bay copyright-infringement appeals trial will start on Tuesday, after being delayed for about a year due to allegations of bias directed at the two judges who will hear the case.
            More that they wanted the trial to take place after the Swedish election.

            Comment

            • admin
              Administrator
              • Nov 2001
              • 8917

              #7
              Originally Posted by cynthia
              More that they wanted the trial to take place after the Swedish election.
              That's a very cynical move!
              Visit Digital Digest and dvdloc8.com, My Blog

              Comment

              • doctorhardware
                Lord of Digital Video
                Lord of Digital Video
                • Dec 2006
                • 1907

                #8
                They are doing some what the same thing but the Democrats are trying to get as much passed before the November elections. The Democrats will be loosing the majority that the have now. Can't wait to get rid of the President, have another 2 years, and he will be history.
                Star Baby Girl, Born March,1997 Died June 30th 2007 6:35 PM.

                Comment

                • admin
                  Administrator
                  • Nov 2001
                  • 8917

                  #9
                  Originally Posted by doctorhardware
                  They are doing some what the same thing but the Democrats are trying to get as much passed before the November elections. The Democrats will be loosing the majority that the have now. Can't wait to get rid of the President, have another 2 years, and he will be history.
                  By all accounts, the Republicans are exactly the same, if not worse, when it comes to copyright stuff. Both are in the deep pockets of the MPAA/RIAA, and the recent anti-piracy Senate bill introduced was a bipartisan effort.

                  It's just a shame that the only issue that both parties choose to work together on is the anti online piracy one.

                  In fact, the only Congressman that's actually "on our side" is Rick Boucher, a Democrat from Virginia.
                  Visit Digital Digest and dvdloc8.com, My Blog

                  Comment

                  • admin
                    Administrator
                    • Nov 2001
                    • 8917

                    #10
                    The appeal has ended, but the verdict won't be known until the 26th of November.

                    Visit Digital Digest and dvdloc8.com, My Blog

                    Comment

                    • admin
                      Administrator
                      • Nov 2001
                      • 8917

                      #11
                      Well, it's the 26th of November, and the verdict is as expected - GUILTY!

                      Three of the four founders of The Pirate Bay will need to pay $6.57 million and serve varying length of time in prison, with Fredrik Neij receiving the longest sentence of 10 month.

                      The fourth defendant, Gottrid Svartholm Warg, could not attend the trial due to illness, but will face similar penalties when a separate trial is held.

                      Monique Wadsted, the lead attorney for the US entertainment industry was disappointed that a higher penalty of $17 million was not imposed, but otherwise was happy with the result.

                      The Swedish Pirate Party attacked the ruling, saying "This case was politically motivated from the start and (the problem) must be solved politically,” he said. “This doesn’t mean anything for The Pirate Bay and it doesn’t mean anything for similar sites. File-sharing is increasing every day and the only thing this means is that more and more people will try to hide what they are doing on the Internet."

                      The case will now most likely head to the Sweden's highest court.

                      More:

                      Visit Digital Digest and dvdloc8.com, My Blog

                      Comment

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