Originally by: KingsGambit

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Didn't know there was a new trial going on, I thought it was done and dusted a couple of years back. It's an interesting one and I'm sure a lot of it hinges on Swedish copyright law, but I have a suspicion that the MPAA won't be winning this one. After reading half the charges were dropped in the 2nd link, I think they've gone about this the wrong way. Saying TPB is commercially pirating their IPs is not technically true, they aren't making any money from copyrighted materials. And claiming they're hosting infringing materials is also untrue as there's no copyright-protected material anywhere on the servers or within their control.

Ultimately, TPB isn't doing itself any favours...having people waving Pirate flags to support the Pirate Bay in a trial about pirating, when people can go to the web site and find links to pirated material, they're not making it easy for themselves, but I think that prosecuting them from a 'technical' standpoint is the wrong way to go as 'technically' TPB is not doing any unlawful.

Also, the laws in the US and laws in Sweden are quite different. While I don't know the specifics, I know for one thing the DMCA doesn't exist in Sweden (wasn't it a Norweigan guy that gave the world De-CSS? The MPAA lost that case too). P2P technology is legal and has legitimate uses...the problem is the industry can't pursue the end user as there's too many, in too many countries and it's not easy to find them. TPB has a strong web presence but really the argument is a simple one...is a dinner knife a murder weapon or an eating utensil? Just because it *could* be used for illegal purposes, doesn't in itself make it illegal. TPB flaunt themselves too much instead of keeping a low profile, but they have technicalities on their side.

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Originally by: Gonatou

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it might sound irrelevant, but pirate bay was a crappy site anyway.

Iso hunt, mininova are much better in quantity and variety in torrent searches

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What has been shown in court today is that the prosecutor cannot prove that the .torrent files he is using as evidence actually used The Pirate BayÆs tracker. Many of the screenshots being used clearly state there is no connection to the tracker. Additionally, prosecutor Hskan Roswall didnÆt adequately explain the function of DHT which allows for so called ôtrackerlessö torrents.

The flaw in the evidence was pointed out by Fredrik Neij (TiAMO), who requested to comment on RoswallÆs explanation of how BitTorrent actually works. Fredrik said that the prosecution misunderstood the technology, and told the court that the evidence doesnÆt show that the Pirate BayÆs trackers are used.

This has resulted in prosecutor Hskan Roswall having to drop all charges relating to ôassisting copyright infringementö, so the remaining charges are simply æassisting making availableÆ. ôEverything related to reproduction will be removed from the claim,ö he said.

The defense was happy to see that already half of the charges were dropped during the morning session of the second day. ôThis is a sensation. It is very rare to win half the target in just one and a half days and it is clear that the prosecutor took strong note of what we said yesterday,ö said defense lawyer Per E Samuelson.

Peter Althin, representing Peter Sunde said, ôIt is clear that this is an advantage for the accused.ö

ôEPIC WINNING LOL,ö Peter himself later commented on Twitter.

IFPI was quick to release a statement where they try to spin the dropped charges into something good. ôItÆs a largely technical issue that changes nothing in terms of our compensation claims and has no bearing whatsoever on the main case against The Pirate Bay. In fact it simplifies the prosecutorÆs case by allowing him to focus on the main issue, which is the making available of copyrighted works,ö IFPIÆs legal counsel said.

During the remainder of the morning session it was mostly prosecutor Hskan Roswall talking. Among other things he explained in detail how email works (made no mistakes there). Several details on the hardware that was taken during the raid in 2006 were discussed, as well as invoices and email conversations about server costs.

After the lunch break, around 1:30pm the court decided to end the day early. Tomorrow morning the prosecution will continue to build (or break) their case and on Thursday the defense will have its say.

This is a breaking and developing story, check back here for updatesà

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Originally by: EliteSlave

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Now Im not one to profess Laws... but...imho

TPB doesnt host the actual file itself. but It does point the way and the means to do so... So in all reality.. Guilt by Association.

Its like... Well you can get crack here on the corner, talk to Crack Willy and he will hook up you up. and Make sure to knock 3 times on the door, followed by a bird call whoo whooo. so he doesnt shoot you thru the door thinking oyour a cop.

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Originally by: EliteSlave

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TPB doesnt host the actual file itself. but It does point the way and the means to do so... So in all reality.. Guilt by Association.

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Originally by: ReaperOfSly

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I really hope PB don't screw this up. If they lose this case, it'll be open season on all torrent sites.

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Originally by: David Kang

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Edited by: David Kang on 17/02/2009 18:49:08

Originally by: ReaperOfSly

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I really hope PB don't screw this up. If they lose this case, it'll be open season on all torrent sites.

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And google.


All piratebay does is search for keywords like google its a search engine thats it.

it host no illegal content. just show the judge and jury google, do a search for Guns and roses torrent and you will get the same effect.

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Originally by: Niccolado Starwalker

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Please go sit in the corner, and dont forget to don the shame-on-you-hat!

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Originally by: ReaperOfSly

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Originally by: David Kang

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Edited by: David Kang on 17/02/2009 18:49:08

Originally by: ReaperOfSly

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I really hope PB don't screw this up. If they lose this case, it'll be open season on all torrent sites.

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And google.


All piratebay does is search for keywords like google its a search engine thats it.

it host no illegal content. just show the judge and jury google, do a search for Guns and roses torrent and you will get the same effect.

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As far as I'm aware, the .torrent file itself IS hosted on the PB website. And that file enables people to share copyrighted material. IANAL, so I don't know the details and technicalities of the case, but I don't think PB's case is watertight. More's the pity.

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Originally by: Jhagiti Tyran

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Pirate bay is a facilitator pure and simple they help people access the materials needed for copyright theft, claiming they never have infringed materials on their servers doesn't change the fact they are accomplises to a crime as they arrange the "meeting" place.

If somebody arranges access to child **** that's illegal even if they never see the material and helping people to buy drugs is illegal even if they never hold the drugs and the same is true for money laundering and the selling of stolen goods.

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The responsibility lies upon the user to not spread malicious, false or illegal material using the tracker. We do not censor but we do block people that use our service wrongfully (i.e. commercial organisations that have not cleared the usage with us first).

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Originally by: Doctor Penguin

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A city council decides to build a small public park. Once they have finished this and opened it to everyone, a drug dealing gang start using it as a private place to sell and use their drugs.

By the arguement that TPB is guilty by association or somehow facillitating a crime, that would mean the city council was guilty of drug dealing.

(To explain, the public park is TPB. Anybody can go in, and nobody looks to see who's actually in there, because it's a public park and everyone has allowed to be there. The drug dealers are the copyright breakers - whilst they use the park as a base, it is not the park's fault that they're dealing drugs in it.)

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Originally by: Doctor Penguin

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Edited by: Doctor Penguin on 17/02/2009 20:29:49
A city council decides to build a small public park. Once they have finished this and opened it to everyone, a drug dealing gang start using it as a private place to sell and use their drugs.

By the arguement that TPB is guilty by association or somehow facillitating a crime, that would mean the city council was guilty of drug dealing.

(To explain, the public park is TPB. Anybody can go in, and nobody looks to see who's actually in there, because it's a public park and everyone is allowed to be there. The drug dealers are the copyright breakers - whilst they use the park as a base, it is not the park's fault that they're dealing drugs in it.)

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Originally by: EliteSlave

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Originally by: Doctor Penguin

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Edited by: Doctor Penguin on 17/02/2009 20:29:49
A city council decides to build a small public park. Once they have finished this and opened it to everyone, a drug dealing gang start using it as a private place to sell and use their drugs.

By the arguement that TPB is guilty by association or somehow facillitating a crime, that would mean the city council was guilty of drug dealing.

(To explain, the public park is TPB. Anybody can go in, and nobody looks to see who's actually in there, because it's a public park and everyone is allowed to be there. The drug dealers are the copyright breakers - whilst they use the park as a base, it is not the park's fault that they're dealing drugs in it.)

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Incorrect my friend...

A park is a place built to facilitate legal activities..

A website that is setup full well knowing that it will facilitate Illegal activities is thus Illegal and Guilt by Association.

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The Pirate Bay is the worlds largest bittorrent tracker. Bittorrent is a filesharing protocol that in a reliable way enables big and fast file transfers.

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Originally by: EliteSlave

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A website that is setup full well knowing that it will facilitate Illegal activities is thus Illegal and Guilt by Association.

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Originally by: mamolian

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Originally by: EliteSlave

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A website that is setup full well knowing that it will facilitate Illegal activities is thus Illegal and Guilt by Association.

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and a tracker website is made to facilitate illegal activity? What the christ are you smoking. Theres vast amounts of stuff available on your average tracker site that is perfectly legal.

And as for TPB being closed for hosting text files with information pointing to other computers with the content.. Its about as illegal as hyperlinks..

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Originally by: EliteSlave

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Does / Did Piratebay

Actively delete all records of Illegal Activities on their sites and reported all IP's to all appropriate places? If yes, then Piratebay has nothing to worry about. If not, They facilitated the Illegal act's.

Also, people that Download Game files thru Bittorrent, Must be incredibly stupid / risktaking, Yes I want to d/l from joe schmoe that could have made alterations to a game that could potentially ruin my gaming experience and or real life financial. /end sarcasm.

If you facilitate a Crime, do the time and quit your complaining.

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Originally by: Sokratesz

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Edited by: Sokratesz on 17/02/2009 10:56:33

Originally by: Cierejai

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So copyright infringement is illegal.

Pirating is copyright infringement.

Pirating is illegal.

Pirate Bay hosts pirated movies, videos, music, etc..

I don't understand the legal system tbh.

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lrn2/internet

Then again, in another thread you already proved a remarkable incompetence in the understanding of civilisation and economics so adding internet to that list doesn't come as a surprise.

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Originally by: Cierejai

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You don't have to be so rude friend. I know enough about the internet to keep myself out of trouble, that's enough for me.

I guess for some people it is hard to learn when, rather then finding helpful people, they only find asshats.

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Originally by: Cierejai

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. I know enough about the internet to keep myself out of trouble, that's enough for me.

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The more I know about humans, the more I love animals.

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Originally by: DubanFP

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Edited by: DubanFP on 18/02/2009 16:32:47

Originally by: Cierejai

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. I know enough about the internet to keep myself out of trouble, that's enough for me.

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Actually you don't. Do you honestly expect the handful of people that it takes to run a site like that, probebly only in their spare time at that, to manually search through and use millions of files, any of which could even be viral, and delete every single one that even might questionably against some vague law? You haven't the slightest clue how these things work.

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Originally by: EliteSlave

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Originally by: DubanFP

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Edited by: DubanFP on 18/02/2009 16:32:47

Originally by: Cierejai

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. I know enough about the internet to keep myself out of trouble, that's enough for me.

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Actually you don't. Do you honestly expect the handful of people that it takes to run a site like that, probebly only in their spare time at that, to manually search through and use millions of files, any of which could even be viral, and delete every single one that even might questionably against some vague law? You haven't the slightest clue how these things work.

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Actually it really isnt that hard.

Setup a filter in the Database... for key words... like....

Filter = [42j]Defiance.screener.divx.mp4.avi = Quarantine For Abuse check.

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