AfterDawn: Tech news

Swedish court says Pirate Bay judge not biased

Written by Rich Fiscus (Google+) @ 12 Jun 2009 8:28 User comments (20)

Swedish court says Pirate Bay judge not biased Judge Tomas Norström wasn't biased against the Pirate Bay according to a decision by a Swedish court earlier this week. Although it isn't the final word on the issue, the lower court's decision is expected to factor heavily into the Svea Court of Appeals' final ruling.
Frederik Neij, Gottfrid Svartholm Warg, Peter Sunde Kolmsioppi and Carl Lundstorm were found guilty of "assisting making available copyright material" in April. Their lawyers allege Judge Norström's membership in several intellectual property lobbying groups shows a bias against the defendants.

The lower court concluded he was telling the truth when he claimed he only joined these organizations to stay educated on legal issues. But does that claim hold any water?

Based on reports from Sweden it seems the judge only belongs to groups biased toward stronger intellectual property laws and stricter enforcement. If the goal is to stay educated wouldn't it make more sense to get both sides of the issues?

And how does a position on the board of an organization whose stated goal is "to work for the development, expansion and improvement concerning the protection of intellectual property" make you an unbiased observer?

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20 user comments

112.6.2009 8:37

This is bullshit, there is clearly a conflict of interest with this judge. Even if he was'nt consciously biased, how can he claim he was not unknowingly influenced by his association with these groups.

I expect this matter will reach the EU courts eventually to test the impartiality of the findings in Sweden.

212.6.2009 11:45

Originally posted by etkasoe:
I expect this matter will reach the EU courts eventually to test the impartiality of the findings in Sweden.
Hopefully by then the Pirate Political Party will have enough seats on the EU to make a biased opinion so that the case is thrown out :)

312.6.2009 13:07

Well I suppose the moon really is made out of cheese after all. Next up, pigs flying outside my window.

412.6.2009 13:19

Originally posted by etkasoe:
This is bullshit, there is clearly a conflict of interest with this judge. Even if he was'nt consciously biased, how can he claim he was not unknowingly influenced by his association with these groups.
+ 1.

They are just so bare-faced about it now, it's like they just don't care how brazen they are about it.

.......but you try (as a private individual) claiming a similar lack of conflict if a business or the state ever pulled you into court in a similar circumstance.

Yeah right, as if.

512.6.2009 13:58

so if a judge is for some reason accused of DLing music, movies, child porn is it also safe to assume he just did it to "find out how easy it was"
or if a judge is found to be a member of a criminal orginazation is it safe to assume he was a member of it "to gain inner knowledge of the orginazations operations"
Judgeing by the courts standards and excuses seem judges can do whatever they please

612.6.2009 14:33

swedish judges...

...almost as bad as british mp's.

712.6.2009 16:29

rage about this how can he not be biased?

813.6.2009 5:10

I'm suprised so many people are surprised by all this - did anyone really think that in today's society and world that logic , common sense , legal arguments , rights and wrongs etc would be considered once the big authorities got involved ?

Their only concern is to achieve the result that they want - to hell with the right and wrong of it - and that is the big problem for anyone invovled in p2p websites or related material these days : -

you can dedicate hours and hours to analising the legal position in your country , the server's country , international copyright law, pay internet lawyers to advise you , protect yourself as much as possible, put disclaimers on your website along the lines of

"we only index material held elsewhere like google does - we don't host any files "

but at the end of the day - if the government or copyright authorities in your country decide to take you down or make an example of you - then down you will be taken and a judge will be told to set the example.

It's a sobering thought for any p2p site owners who believe they are protected by the written law - they are not > I found that out to my own cost two years ago.

914.6.2009 18:30

IMO this is a judgement that will be turned around otherwise surely they will have to go after the people who paid them for the advertising?? Because they were party to it as well. An indexing service should not be held responsible regardless of the actual intent unless it is clearly harming someone (kiddie porn etc)

1018.6.2009 8:12

Originally posted by windsong:
Well I suppose the moon really is made out of cheese after all. Next up, pigs flying outside my window.
They're already here. Have you not heard of swine flew?

1118.6.2009 9:32

Sorry guys, we've lost the west to the progressives and courts. Freedom of expression, of thought, to succeed and fail, of action, have all been pre-empted. We of the west have sold our souls for the illusion of peace and security.
And soon, very soon, we will wake up to find Islam, out of the east, at our throats bent on world domination, and forcing us to fight not for our right to free speech and fair use, but for our right to live and to choose our own god.

1218.6.2009 10:46

Originally posted by Tarsellis:
And soon, very soon, we will wake up to find Islam, out of the east, at our throats bent on world domination, and forcing us to fight not for our right to free speech and fair use, but for our right to live and to choose our own god.
Oh, don't talk such nonsense. It's not Islam that's the problem here. And quite what the Global War on Terror® and/or religion in general have to do with the decisions of a Swedish court escapes me.

1318.6.2009 10:49

Symptoms of a dying culture. Do some research into the fall of Rome, and actually try to understand Islam a bit. I'm not slamming the Muslims as a people, but Islam is all about one world system under the rule is the caliphate, and it's very core is war and death.
And if you read earlier, it comes from the progressives, who have infiltrated our courts and our schools to degrade our freedoms. And as a result we are hindered in the coming war.

1418.6.2009 10:53

Originally posted by etkasoe:
This is bullshit, there is clearly a conflict of interest with this judge. Even if he was'nt consciously biased, how can he claim he was not unknowingly influenced by his association with these groups.

I expect this matter will reach the EU courts eventually to test the impartiality of the findings in Sweden.
I honestly think that his matter may eventually reach the EU courts for arbitration. The problem with the judge's membership lies not only in the fact of the existence of said membership, but also that he is A BOARD MEMBER OF ONE OF THESE GROUPS!!!

Hello! Is anyone at home!!!!! That alone should have precluded him from the matter, and then bias could never have been an issue!

1518.6.2009 11:00

Originally posted by Tarsellis:
Symptoms of a dying culture. Do some research into the fall of Rome, and actually try to understand Islam a bit. I'm not slamming the Muslims as a people, but Islam is all about one world system under the rule is the caliphate, and it's very core is war and death.
And if you read earlier, it comes from the progressives, who have infiltrated our courts and our schools to degrade our freedoms. And as a result we are hindered in the coming war.
You're obviously American because only Americans talk in such apocalyptic terms of something they know nothing about. Islam has as much chance of establishing a caliphate as the US does of surviving the next two years. And among ordinary Muslims there is no desire at all to do anything like this - and they certainly don't have the means, the will or the ability.

This is not the place for this type of discussion, so I suggest you peddle your nonsense elsewhere. I will not respond to you further.

1618.6.2009 11:40

Please tell me how a simple case of bias in a copyright-based lawsuit has somehow degenerated into a discussion of Islam, the fall of The Roman Empire and the global war on terror? Let's get back to the topic people! IF you have your axe to grind on other matters, find the forum dedicated for that and do it there!!!!!

Scotty Ranking says so!

This message has been edited since its posting. Latest edit was made on 18 Jun 2009 @ 11:41

Rise up fallen fighters! Rise and take your stance again!
He who fights and runs away, will live to fight another day!
With de heathen back dey pon de wall!
De heathen back yeah pon de wall!

Scotty Ranking© says so!

1719.6.2009 5:25

YES EVERY ONE IS RIGHT TO SAY.THAT THE JUDGE IS BIAS, IN HIS SUMMING UP, WE ALL KNOW THAT CORRUPTION IS ALWAYS VERY RIFE AT THE TOP OF THE LADDER,MOST OF THEM ARE BENT IN ONE FORM OR ANOTHER,

1819.6.2009 14:45

It's a fairly clear-cut and universal legal principle - natural justice. Simply put - justice must not only be done; it must appear to be done.

I am no lawyer, but even I can say that even if the judge's decisions in this case have full, precedented and justifiable legal grounding, the mere appearance that the deck was stacked to ThePirateBay's disadvantage puts a muddy stain in that pool of water. And that must be addressed.

If you have a a case in court against a Mr. Smith, I'm certain that you wouldn't want a Smith as a judge in the matter, unless he is a proven non-relative to your Smith. Similarly, if I bring up a a matter against Company X, do I really feel justice will be served if a board member of Company X is the judge in my matter?

In my country some years ago a matter came before the court where the judge had to instantly recuse herself, even before the charges could be read out aloud. Why? Not only was she related to the accused, but also the counsel for the accused. The judge had to be transferred from that area until all matters involving the accused and/or his lawyer were determined. And that had nothing to do with the accused guilt, or innocence - the playing field of criminal justice must be level, or else justice ceases to exist.

1920.7.2009 4:42

Sounds sorta like doctors in the US, they join these organizations of other powerful doctors (or in this case, judges), and watch out for each other. They've got each other's back...I wouldn't be surprised if the judges ruling this philosophical malpractice appeal were board members of the exact same committee...and if anyone could answer this question:

If you joined an organization for the soul purpose of becoming more educated on legal issues, why are you a board member--one of the highest rankings and most powerful positions--in this organization?

2020.7.2009 12:21

Originally posted by darman92:
Sounds sorta like doctors in the US, they join these organizations of other powerful doctors (or in this case, judges), and watch out for each other. They've got each other's back...I wouldn't be surprised if the judges ruling this philosophical malpractice appeal were board members of the exact same committee...and if anyone could answer this question:

If you joined an organization for the soul purpose of becoming more educated on legal issues, why are you a board member--one of the highest rankings and most powerful positions--in this organization?
Another excellent point! As you rightly said, there is a big difference between just joining a organisation for information's sake, and becoming a board member.

If I want to guarantee I get the annual report from a company's auditors, I need to own just one share in that company. No one could say that I'm a serious investor in said company on this basis. But from the time I want to be on the board of said company, I no longer have observer status - I'm a full-fledged believer. and that's why this is so wrong .....
This message has been edited since its posting. Latest edit was made on 20 Jul 2009 @ 12:30

Rise up fallen fighters! Rise and take your stance again!
He who fights and runs away, will live to fight another day!
With de heathen back dey pon de wall!
De heathen back yeah pon de wall!

Scotty Ranking© says so!

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