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Author Topic: Pirate Bay Trial Watch: Day One, In Brief  (Read 9473 times)

Grelot

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Pirate Bay Trial Watch: Day One, In Brief
« on: February 20, 2009, 08:08:54 PM »
The Pirate Bay bittorrent trackers are on trial today in Stockholm. The reports have been interesting:                 • To win the case, the prosecution has to provide proof that copyright infringement has happened, and so plaintiffs gave examples of piracy that they committed using The Pirate Bay.
 • The prosecution couldn't get powerpoint started at one point.
 • The Pirate Bay isn't technically being charged for infringing copyrights, since they don't host any files. Instead, they're being charged with, ""Assisting in and preparing to committing copyright infringement." They pleaded not guilty.
 • The prosecution couldn't tell the difference between megabytes and megabits.
 • It isn't believed that The Pirate Bay organizers will have severe penalties brought against them.
 • That's the bus the defendants, "Pirate Bay founders Gottfrid Svartholm Warg (aka Anakata), Peter Sunde Kolmisoppi (aka Brokep) and Fredrik Neij (TiAMO)" drove up in.
 • Seats in the court are being scalped!
I've got mixed feelings about this trial.

Grelot

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Re: Pirate Bay Trial Watch: Day Four, In Brief
« Reply #1 on: February 20, 2009, 08:10:41 PM »
Day four of the Pirate Bay trial was largely procedural, but with such a merry band of swashbuckling geeks involved, it wasn't without some excitement. And some of it came at Windows users' expense.

When defendant Fredrik Neij was questioned regarding the relationship Oded Daniel, an advertiser, had with the technical aspects of the Pirate Bay, he assured the prosecution that Daniel was not involved. "No, he's not good at that. He uses Windows, so…" said Neij. At which point all of the bloggers in the live feed room next door burst into laugher, which could be heard in the otherwise silent courtroom. Oh snap indeed.

So no huge legal developments, no run-ins with the prosecution over pizzas. Just another day in the life of the Torrent trial of the century.

But in other news, apparently the IFPI's website (the international RIAA-like org who is the plaintiff in the case) has been the target of sympathetic Pirate Bay hackers. Bay founder Peter Sunde was quite adamant about putting a stop to this, understandably.

Grelot

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Re: Pirate Bay Trial Watch: Day Five, In Brief
« Reply #2 on: February 20, 2009, 08:11:19 PM »
The torrent trial of the century continues, and today, there are some pretty shocking revelations about just how much the prosecution knows. Is that a tinge of remorse I hear from The Pirate Bay dudes?                 • The Pirate Bay's Peter Sunde (aka brokep) doesn't like copyright! "I like things that are not protected by copyright, this is a non-issue."
• The prosecutor knows the secret code for talking on the internets! "When did you meet [Gottfrid] for the first time IRL?" The judge asks, "IRL?" The prosecutor, being with it, coolly informs the judge it means "in real life," sucka.
• Oh snap, maybe he doesn't! The Pirate Bay's Peter responds, "We do not use the expression IRL." No, everything is in real life. We use AFK—away from keyboard." This makes for a sad prosecutor: "It seems I am a little bit out of date."
• The prosecution's mind is blown by the chaotic, free-wheeling way TPB is run as they try to divine who's really in charge : "Someone must ultimately decide whether to put up a certain text or graphic." TPB's Fredrik Neij replies, "Why? If someone believes a new text is needed, he just inputs it. Or if a graphic is ugly, someone makes a better one. The one who wants to do something just does it."
• Peter got a lot of weird motivational email from their advertiser, kind of like everyone at Giz gets a lot of weird motivational email from Blam.
•The BILLION DOLLAR QUESTION: What is the real purpose of TPB? Peter's response: "It is to enable users to share their material with others." Even copyrighted stuff? "That can sometimes be the sad consequences," Peter replied. Is that remorse I hear? Oscar-worthy acting? And we've got a good week and a half left to go.

Grelot

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The Pirate Bay trial is moving forward rapidly and again the day in court has ended early. On the third day the prosecution presented the amended charges. The defendants all called for acquittal while Carl Lundström’s lawyer scored points with the already legendary ‘King Kong’ defense.

“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 lawyer added.

http://torrentfreak.com/g-defense-090218/

JayRoe

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Re: Pirate Bay Trial Watch: Day One, In Brief
« Reply #4 on: February 20, 2009, 09:51:13 PM »
Heh, good reading Grelot. Keep it coming.
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Shwaggy

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Re: Pirate Bay Trial Watch: Day One, In Brief
« Reply #5 on: February 20, 2009, 11:04:04 PM »
Grelot FTW!
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Too bad my opinion don't mean shit because I'm not American anyway.

mogila

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Quote from: acme420
you and i are just operating on different planes. one day when you wake up...you will see. till then im pointing at a circle and calling it a square to you when in actuality im pointing to a square but it is actually a circle.

Fonias

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Re: Pirate Bay Trial Watch: Day Seven, In Brief
« Reply #7 on: February 24, 2009, 11:05:59 PM »
 The trial resumed today with Day 7. The prosecutor decided not to call two of his witnesses, one of which is the police officer leading the investigation ( he was shown to be under employement by Warner (at least) after the investigation) who the defense want to call instead but he does not seem to be availiable.  Two witnesses of the prosecution were called on the stand. Magnus Mårtensson of IFPI(aka music industry) and Anders Nilsson, Antipiratbyrån (film industry)

 Mårtensson , a lawyer of Ifpi showed evidence in the form of screen dumps in the different stages of the download process(azureus), not technically skilled, his testimony did not seem to help the prosecution. Mårtensson had not turned off peer exchange or DHT, while he did no real logging.

 Nilsson, more skilled technically, an ex-policeman working for the Antipiratbyrån, did extensive logging and used torrents with only piratbay's tracker (one exception) to gather his evidence. He also did not turn off Peer Exchange or DHT why the defense argued that he cannot be sure whether parts or even if any of his download came from ips he received through the tracker. While he showed lists where seeder ips received from the tracker ip were specifically flagged by his sniffer, he could not claim to be able to show he received copyrighted data from those peers specifically. He also failed to provide proof to support the prosecutors claim that most of the torrents on piratebay are of copyrighted material. He had regularly looked at torrent names on top 100 list without downloading the actual content and had not investigated the nature of content under the category "other" where the defense argues most non-copyrighted material lies which they claim represents 80% of site content.

 Defense lawyers asked both witnesses if they could by any means show how many people had received copies of each copyrighted work before the files were shared through a torrent uploaded on piratebay (obviously useful info for damage claims).

 So far it seems the defense is better prepared. The prosecution is not making obvious points it is supposed to be doing, while people that are making a living out of this are having a hard time putting up a solid case. Being able to follow the trial requires at least some technical knowledge from the judges, even if everyone is trying to keep it simple. Sometimes we have prepped lawyers asking questions they do not fully understand to not fully prepped witnesses, for the ears of probably not so prepped judges. It's hard to know if the judges actually can evaluate what they are hearing.
« Last Edit: February 24, 2009, 11:29:42 PM by Grelot »
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Grelot

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Pirate Bay Trial Day 8: Pirates Kill the Music Biz
« Reply #8 on: February 28, 2009, 09:34:57 PM »
It’s Day 8 of The Pirate Bay trial and several entertainment industry CEOs take the stand. IFPI’s CEO John Kennedy said that TPB was an extremely damaging force on the global music industry and what the site offers is just too tempting for people to resist. He also admitted to not understanding how TPB or even uTorrent works.

When asked if downloaders have less money than others, Kennedy said that younger people have the money but just don’t spend it on music anymore. Kennedy said that the reduction in sales in the music industry is directly attributable to illegal downloading.
When asked about scientific research on the issue, Kennedy said that of several reports, only one said there was no causal link between file-sharing and lost sales - all the rest say there is. Discussion of certain reports on the issue took place, with defense lawyers questioning Kennedy on the details of the reports.
The defense lawyers pointed out that in one of the reports Kennedy refers to, lesser known artists appear to be downloaded a lot on TPB but Kennedy said although he is 56 years old, he recognizes nearly all of the artists in the TPB Top 100 list.

Grelot

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Pirate Bay Trial Day 9: BitTorrent Is Not Evil
« Reply #9 on: February 28, 2009, 09:38:52 PM »
First up today was Kristoffer Schollin who spoke via telephone from Gothenburg University. He explained he is a lecturer in IT law with a particular interest in file-sharing and has written a paper on Digital Rights Management (DRM). He has also made a special witness report for the court.
Answering questions from the defense, Schollin explained that .torrent files are a more sophisticated type of Internet link (such as an http hyperlink) and that The Pirate Bay is an “open database” of .torrent files. Several large companies are using BitTorrent technology said Schollin, including Blizzard who use it for World of Warcraft.
When asked about TPB specifically, Schollin noted that the site is essentially a BBS (Bulletin Board) for .torrent files, attached to a forum for debate. He was also asked, in his opinion, if TPB is illegal. “That’s for the court to decide,” he said, while noting that the technology behind the site is not illegal in any way.
Schollin told the court that The Pirate Bay may not be the world’s largest tracker, but it is the most famous one, largely thanks to the media and thanks to the trial. Right now there are maybe a dozen other big ones and maybe even a thousand others, he said.

Grelot

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Pirate Bay Witness’ Wife Overwhelmed With Flowers
« Reply #10 on: February 28, 2009, 09:40:56 PM »
When Professor and media researcher Roger Wallis left the stand yesterday, the court asked whether he wanted to be reimbursed for his appearance. “You are welcome to send some flowers to my wife,” he responded. In the hours that followed, many Pirate Bay supporters took this suggestion to hand.

Professor and media researcher Roger Wallis appeared as an expert witness at the Pirate Bay trial yesterday. He was questioned on the link between the decline of album sales and filesharing. Wallis told the court that his research has shown that there is no relation between the two.
He was heavily attacked by industry lawyers Danowsky, Pontén and Wadsted who did everything they could to discredit and slander his reputation. When Wallis was asked whether he wanted to be reimbursed for travel expenses etc, he light-heartedly suggested sending some flowers to his wife.
His statement was picked up by the large audience listening in to the live audio from the trial and flowers soon began arriving at the Wallis’ house.
Mr. and Mrs. Wallis and their flowers. wallis flowers
Roger’s wife, Görel Wallis, wasn’t surprised by her husband’s whim in court:

JayRoe

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Re: Pirate Bay Trial Watch: Day One, In Brief
« Reply #11 on: February 28, 2009, 10:41:44 PM »
You gotta wonder what's worse. Piracy ruining the music industry or the music industry ruining music.

Fuck damnit am I sick of choreographic-compensating pop.
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JayRoe

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TPB denied retrial, decision final
« Reply #12 on: June 26, 2009, 01:37:45 PM »
Neowin readers will almost certainly be familiar with the controversial case concerning the owners of famous BitTorrent tracking website 'The Pirate Bay', and the Sweedish court of appeal. Today it was announced that the four founders of the site will not be allowed a retrial on the matter, the sentence passed initially being final.

Initial accusations of the judge who presided during the train being biased against the four pirates have been quashed. These accusations came just days after the initial trial in April of this year, stating that the judge presiding over the trial, Thomas Nostrom, behaved in a hostile manner to the defense, due to his affiliations with the Swedish Copyright Association and the Swedish Association for the Protection of Industrial Property.

In response to these allegations the appellate judge, Anders Eka, released the following statement to members of the Swedish media:

"We have reached the conclusion that we do not agree with the conflict of interest claim."

The appellate court's panel of three judges went further to say that the backing of the "principles" of copyright law "cannot be considered bias."

The Pirate Bay administrators, Fredrik Neij, Gottfrid Svartholm Warg and Peter Sunde have been found guilty of facilitating copyright infringement, along with Carl Lundström who was convicted of funding the operation, these sentences were drawn in April.

Whilst good for the communities representing the rights of those whose work is copyrighted, this trial has caused a backlash amongst the Sweedish Youth, resulting with some 40,000+ members of the Swedish Pirate Party backing the defendants. Recently the party have won a seat in the European Parliament.


http://www.neowin.net/news/main/09/06/25/tpb-denied-retrial-decision-final-2
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Moggle

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Pirate Bay Sold to Swedish software company Global Gaming Factory X AB
« Reply #13 on: June 30, 2009, 12:07:08 PM »
So, this happened.


And few here are responding very well to that happening.


Huh.
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JayRoe

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Re: Pirate Bay Trial Watch: Day One, In Brief
« Reply #14 on: June 30, 2009, 01:01:30 PM »
So they're walking away rich?
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