AfterDawn: Tech news

Pirate Bay admins win half their case in a day

Written by Rich Fiscus (Google+) @ 17 Feb 2009 11:53 User comments (31)

Pirate Bay admins win half their case in a day After just a single day in the trial of Frederik Neij, Gottfrid Svartholm Warg, Peter Sunde Kolmsioppi and Carl Lundstorm for running a wildly successful torrent tracker site, The Pirate Bay, prosecutors have dropped half the charges.
The prosecution's problems started nearly immediately when they began presenting their case. After listening to the prosecutor explain how BitTorrent works one of the defendants asked to make a correction. He went on to show that not only was the original explanation wrong, but that the evidence presented didn't show any involvement by The Pirate Bay in the actual downloads.

That led to all charges for "assisting copyright infringement" being dropped. The remaining charges of "assisting making available copyrighted content" will still be prosecuted.

Not surprisingly, a representative of the international equivalent to the RIAA, the IFPI, was quick to spin this as a positive development. In a statement he said the decision to drop half the charges “changes nothing in terms of our compensation claims and has no bearing whatsoever on the main case against The Pirate Bay." He added "it simplifies the prosecutor’s case by allowing him to focus on the main issue, which is the making available of copyrighted works.”

This is different from the various "making available" arguments that have been shot down by judges in the US. In those cases the question was whether simply offering a copyrighted work for download amounted to copyright infringement, an argument the courts have almost unanimously rejected.

In The Pirate Bay's case it seems Swedish law is clear that making available is against the law. What prosecutors must prove now is that the people behind The Pirate Bay may be held liable for the availability of files offered by others and then publicized via torrent trackers on their site.

The prosecution's argument seems to revolve around The Pirate Bay making large sums of money selling ads to cash in on the traffic generated by these trackers. And even that is refuted by the defendants.

Prior to the trial Sunde said "It does not matter if they require several million (kronor) or one billion. We are not rich and have no money to pay."

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31 user comments

117.2.2009 11:59

This trial is starting to look like a soap opera !

217.2.2009 12:07

Go Pirate Bay!!

317.2.2009 12:55
dcity
Inactive

LMAO!!! What a total ballz up of a first half lol I knew they should of got their facts straight ! But it is pretty pointless in prosecuting the admins, cuz after their prison sentance (if any) they will just start up an new tracker site, which will probubly be better than before!

417.2.2009 13:08

I can't at the mo see how tpb can loose if all the RIAA can do is accuse them of making files available,well it's obvious they don't the members do so in the last paragraph below they just provide a window to see what's available


making available:
[Quote/]part of article

This is different from the various "making available" arguments that have been shot down by judges in the US. In those cases the question was whether simply offering a copyrighted work for download amounted to copyright infringement, an argument the courts have almost unanimously rejected.

In The Pirate Bay's case it seems Swedish law is clear that making available is against the law. What prosecutors must prove now is that the people behind The Pirate Bay may be held liable for the availability of files offered by others and then publicized via torrent trackers on their site.

517.2.2009 13:27

...here we go again.


617.2.2009 13:48

Originally posted by bryston:
This trial is starting to look like a soap opera !
Mostly, due to the journalistic spin ...err, style.

717.2.2009 15:51

Originally posted by rlessmue:
...here we go again.



Dont celebrate yet, tackling this other charge would require more tougher arguements and would indeed present a more bigger problem for the admins than the dropped charge. I think that despite the move, the MPAA still has a very large chance of taking down TPB. For now lets hope that TPB will prevail again (as they did before back in 2006)

817.2.2009 16:06

Making files available????????????????????????????????????????????????
If the companies are making these movies, games, or music
Are the not making files available to anyone with a copying program and burner to make pirated copies?

This message has been edited since its posting. Latest edit was made on 17 Feb 2009 @ 16:07

917.2.2009 16:50

I agree any program producer that sells its product is making said program available to be copied and made available freely because any buyer has the ability to burn a copy of the program and make it available for public use.
The only way to prevent this is to stop selling computers with burning trays and programs "Like that will happen Microsoft makes to much money selling this option on the devices they produce"

Which gets back to my point that:
Companies selling programs to buyers are make there own products available to be duplicated. So the people that should be sued are the producers of said program.

This message has been edited since its posting. Latest edit was made on 17 Feb 2009 @ 16:51

1017.2.2009 16:56

Originally posted by powerhack:
I agree any program producer that sells its product is making said program available to be copied and made available freely because any buyer has the ability to burn a copy of the program and make it available for public use.
The only way to prevent this is to stop selling computers with burning trays and programs "Like that will happen Microsoft makes to much money selling this option on the devices they produce"

Which gets back to my point that:
Companies selling programs to buyers are make there own products available to be duplicated. So the people that should be sued are the producers of said program.
But dont they own the rights and lisence to do so?

1117.2.2009 17:19

Originally posted by powerhack:

The only way to prevent this is to stop selling computers with burning trays and programs "Like that will happen Microsoft makes to much money selling this option on the devices they produce"

Huh??
How does MS equate into this issue?
99.9999% of all burners are not made by MS...100% of all s'ware available to copy this kind of thing is not made by MS, since MS's copying s'ware is DRM controled. What I fail to undersand is why people like to throw MS into the mix like this without them having a shred of responsibility.
MS simply supplies the OS that gives the environment for burners and s'ware to run in, what 3rd party copying s'ware and/or other devices the user uses really has nothing to do with MS. Don't become just another bandwagon jumper that uses every opportunity to bash MS, use your brains to understand where the real blame lays.

As for TPB Admins...You Guys RoK!

1217.2.2009 21:23
evnflow
Inactive

Quote:
Not surprisingly, a representative of the international equivalent to the RIAA, the IFPI, was quick to spin this as a positive development. In a statement he said the decision to drop half the charges “changes nothing in terms of our compensation claims and has no bearing whatsoever on the main case against The Pirate Bay."
loving the bold print in that quote..haha.. ;)

1317.2.2009 21:30

Hold on! in regards to the producers of ripping programs. You're saying we shouldn't be able to make back-ups of discs we buy? I disagree with that! They're disclaimers tell you what not to do with the s/w. Beer cans say don't drink + drive, you do it anyway, get busted.Sue the brewer cause you did wrong? That logic is twisted. The ? is did they make $. Do you get paid to spread viruses? My guess is they covered oper expenses with the lame ads they run, it's not like Mcd's + Taco Bell are advertised there! The tracker will come down. Bet on it! There's not gonna be much else for them to get out of this. Send a message to the people!

1418.2.2009 0:04

This is actually a very good point:

Quote:
MS simply supplies the OS that gives the environment for burners and s'ware to run in, what 3rd party copying s'ware and/or other devices the user uses really has nothing to do with MS.
And, by the same token TPB only supplies what actual, physical, living, breathing people may potentially download.

It is the same with anything. Just because houses have windows on them that may allow a thief to see what is available to steal, does that mean we can sue the pants off the window? What utter bullcrap. May be a sh*tty analogy, but you get the idea.

1518.2.2009 2:49

I was just looking at their "spectrial" twitter page and it has a link to CNET that says:

Quote:
Evidence presented on Tuesday included screenshots showing computers were connected to The Pirate Bay’s tracker, or software that coordinates P-to-P (peer-to-peer) file sharing. But a majority of the screenshots show that The Pirate Bay was actually down at the time and that the client connections timed out. The clients, or peers, were still connecting with each other, but through a distributed hash table, another protocol for coordinating downloads unrelated to The Pirate Bay.
Basically, the dumb prosecution keeps shooting themselves in the foot.

First, they incorrectly state what BitTorrent is and how it works, only to be corrected by one of the TPB admins.

Second, now it appears that they have screenshots of a torrent downloading off TPB. However, the tracker was down at the time the screenshot was taken and so TPB isn't even involved, because their site was down, with the pirating in that instance.

Peace

1618.2.2009 7:24

IMO
The record industry stands to loose more than the pirate scene.

If pirate bay does go down, we all know 200 other sites just like it will pop up.

If the record industry looses. Thats ALOT of credibility they will have lost forever.

Lecsiy

1718.2.2009 13:42

Originally posted by lecsiy:
IMO
The record industry stands to loose more than the pirate scene.

If pirate bay does go down, we all know 200 other sites just like it will pop up.

If the record industry looses. Thats ALOT of credibility they will have lost forever.

Lecsiy

I said almost the same thing in the last article about this. Everytime they get more restrictive. Our beloved sites become more crafty in their defense of this kind of stuff. Like you said if they go down expect more sites with better security to pop up. The P2P scene has evolved since I first started checking it out.

1818.2.2009 15:32

ChappyTTV said
Huh??
How does MS equate into this issue?
99.9999% of all burners are not made by MS...100% of all s'ware available to copy this kind of thing is not made by MS, since MS's copying s'ware is DRM controled. What I fail to undersand is why people like to throw MS into the mix like this without them having a shred of responsibility.
MS simply supplies the OS that gives the environment for burners and s'ware to run in, what 3rd party copying s'ware and/or other devices the user uses really has nothing to do with MS. Don't become just another bandwagon jumper that uses every opportunity to bash MS, use your brains to understand where the real blame lays.

You have proved my point for me MS supplys the OS that makes burning possible this falls under the category of "assisting in making available copyrighted content"
the same thing that TPB is being sued for is it not

1918.2.2009 19:06

I had enough laws gone on back that I can't stop for years. When business forces us to buy, they gain and population grow are their interest. Have they forgotten what United States stands for? Move those business out of my way so I can have more freedom by protecting free land from growing populations. This should do the trick... Anyone with kids, buy the softwares! Those who are single, get softwares free and encrypt the unregistered licenses to prevent others from getting them. Now you know who I am and what I wanted as long I live single.

2018.2.2009 22:54

they will win because.

Yar har fiddle dee dee, being a pirate is all right to be!
Do what you want 'cause a pirate is free, you are a pirate!

This message has been edited since its posting. Latest edit was made on 18 Feb 2009 @ 22:56

2119.2.2009 17:21

I was a real pirate in my past life my name was Almanegra and looted the spaniards jajajaja

2220.2.2009 4:38
dcity
Inactive

Originally posted by DXR88:
they will win because.

Yar har fiddle dee dee, being a pirate is all right to be!
Do what you want 'cause a pirate is free, you are a pirate!
I reckon the MPAA should start talking like that! :P But then it'll be who-ever isnt a pirate, gets prosecuted... and possibly hung... upside down... by their feet... over a pool of giant-bloodthirsty aquatic mice...

2320.2.2009 10:53

good news

2427.2.2009 13:37
SHOU5
Inactive

RIGHT ON! WAY TO GO PIRATE BAY :)

2527.2.2009 15:47

Originally posted by machacker:
Making files available????????????????????????????????????????????????
If the companies are making these movies, games, or music
Are the not making files available to anyone with a copying program and burner to make pirated copies?
You took the words out of my mouth machacker!

2627.2.2009 17:32

Here's a vote for Pirate Bay to totally win. As for MS, they tire me with their patches, updates and insecurities. After trying many flavors, Ubuntu 8.1 seems to work fine and can anyone tell me is there backup software for Linux? Burning dvds-yes. Never used Pirate Bay but more power to them. NOW PASS THE GROG, MATE.

2727.2.2009 23:23

Originally posted by wazzat:
Never used Pirate Bay but more power to them. NOW PASS THE GROG, MATE.
if you've downloaded a public torrent file from any database site, and checked the trackers almost every single torrent has a link to TPB which has seeds

2828.2.2009 9:22

Downloaded some files years back with Azureus then got scared when Riaa started busting individuals and removed bit torrent from my computers. CHICKEN!! Besides I turn my DSL off and didn't feel it was fair to not run my computer all the time. And at that early time, tweaking Azureus was a job in itself.

291.3.2009 0:47

When a person buys software all they bot was a set of 1's and0's placed in a specific order to do a common job right
so i someone were to make a program on there own with no connection to a licensed program that ended up with the 1's and 0's in the same place to do the same job but passes it out for FREE does that make them liable for copyright infringement


all a program is is 1's and 0's anyone with a programing mind can create the same thing??????????

if a programmer uses Microsoft software to create a program does Microsoft own that program??????????????

if a program is altered after purchase from the format it was purchased in to fit a users preference does that constitute copyright infringement because the copyright was paid for when purchased all the user did was add in 1&0's or does this become the users program

301.3.2009 13:35

Originally posted by powerhack:
When a person buys software all they bot was a set of 1's and0's placed in a specific order to do a common job right
so i someone were to make a program on there own with no connection to a licensed program that ended up with the 1's and 0's in the same place to do the same job but passes it out for FREE does that make them liable for copyright infringement




all a program is is 1's and 0's anyone with a programing mind can create the same thing??????????
why that may have been true in the 80's. the one and zero clauses are not entirely accurate any longer as processor's can process chunks instead of bits.

Quote:
if a programmer uses Microsoft software to create a program does Microsoft own that program??????????????.


No as Microsoft sold you that program. to make the program you had in mind. its licensing

Quote:
if a program is altered after purchase from the format it was purchased in to fit a users preference does that constitute copyright infringement because the copyright was paid for when purchased all the user did was add in 1&0's or does this become the users program
No one ever buys a copyright only the license to use the said program as the copyright holders say you may use it. so Yes, it fits nicely in the reverse engineering clause.

S/N Copyright laws are extremely messed up, so is licensing. Copyright has become a sword instead of the shield it was intended for.

312.3.2009 6:05

Avast Landlubbers check out my Pirate Bay CARTOON here: http://www.pcdisorder.com/2009/03/pirate...-before-it.html

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