The Pirate Bay vs Them: Day Two
p2pnet news view Freedom | P2P:- It’s already turning into a rout.
Lined up on one side are Warner Bros, MGM, EMI, Colombia Pictures, 20th Century Fox, Sony BMG and Universal.
And on the other are Fredrik Neij (TiAMO), Gottfrid Svartholm (Anakata) Warg, Peter Sunde (Brokep), and businessman Carl Lundström, aka The Pirate Bay.
But “There has been high drama on the second day of the Pirate Bay trial,” posts enigmax on TorrentFreak.
“Due to serious shortcomings in the prosecution evidence, around 50% of the charges in the case are going to have to be withdrawn,” he says.
Shortcomings in prosecution evidence? Surely not. After all, the labels and studios have paid scores of expert corporate copyright lawyers millions of dollars to get ready for this day. How could it be they weren’t fully prepared?
It seems much-vaunted (by himself) prosecutor HÃ¥kan Roswall has been unable to prove the .torrent files he’s using as ‘evidence’ actually used The Pirate Bay’s tracker.
“Many of the screenshots being used clearly state there is no connection to the tracker,” says enigmax, going on »»»
Additionally, the prosecutor didn`t adequately explain the function of DHT [Distributed Hash Tables] which allows for so called trackerless torrents.
This has resulted in Prosecutor HÃ¥kan Roswall having to drop all charges relating to assisting copyright infringement, so the remaining charges are simply `assisting making available`. Everything related to reproduction will be removed from the claim, he said.
The morning session chiefly featured Roswall among other things explaining in detail how email works.
Listeners could hear the mouse-clicks
Stay tuned and in the meanwhile, “Oh Deary Deary me,” says Comeoncomcast in a comment post to the p2pnet story on Day One of the Corporate Entertainment Industry against four guys.
Rick Falkvinge of the Pirate Party couldn’t resist accessing The Pirate Bay site from his seat in the courtroom and, “Following the lunch break, proceedings continued with prosecutor HÃ¥kan Roswall failing to start up his computer,” observes Comeoncomcast.
“For several minutes, listeners of the live audio could hear mouse-clicks as Roswall, who earlier claimed to be an expert on computer crimes, tried to get his PowerPoint presentation on the screen. He was eventually ordered by the judge to stick to his papers and continue.”
And, “Still don`t get how the prosecutor missed the part of swedish law that states that donwloading copyrighted contet for personal use is not a crime,” says Dude from Finland. “Must have a different book.”
“Which part don`t they understand, here?” wonders Henry Emrich. “The crowds of supporters outside the courtroom, the vast network of ’spontaneous order’ disseminating info via twitter/blogs/etc.? The fact that a mainstream media outlet is streaming the audio of the trial? Or maybe it`s the fact that THIS trial will galvanize opposition to the status quo even MORE?
“IsEven if TPB DOES lose, I doubt there`s enough prison cells for the several million (and counting) users of various p2p apps. Not to mention anybody running a music blog, everybody whose ever done a remix or mashup, etc.
“BTW: Has anybody thought about that idea I had, about doing site-rips of music blogs, and creating torrents of them? Good way to preserve/protect the content from the IP fascists, don`t you think? (I just wish I had the resources to do it.)”
And of today, “i think the plaintiff`s will embarass themselves rather badly,” predicts Mike Acker.
“under the principle of stare decisis plaintiffs MUST show that actual illegal copies of copyright property were made. this is how the law has held and stare decisis requires that the law be held consistentently: where the material facts are the same the resulting decision must be the same
“plaintiffs` lawyers are going off completely half cocked and will be made into a bunch of monkeys. at most, TPB can be charges with collaborate copyright infringement but to do that there would need to be previous convictions for the actual copyright infringement(s).”
The corporate clowns, live and in all their glory.
Ah me.
TorrentFreak – 50% of Charges Against Pirate Bay Dropped, February 17, 2009
p2pnet – The Pirate Bay trial, live and online, February 16, 2009
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February 17th, 2009 at 10:20 am
Hmm, why did I at first read the name of the prosecutor as Roswell…
February 17th, 2009 at 10:25 am
I’m glad to hear that the trial is going well.
One must wonder, though, how (or, for that matter, *if*) this will affect U.S. torrenters (other than, obviously, keeping TPB online). Will US filesharers get some sort of legal precedent out of this, or is this just a swedish thing? I wish I knew more about international law.
By the way, there’s a typo in the article (TPB is mistyped PTB), just thought I’d let you know.
February 17th, 2009 at 10:45 am
This is amazing! The cartels are SO fucked up and they wonder why they are in so much trouble!
February 17th, 2009 at 11:37 am
@Jakykong:
As this is taking place in a Swedish court, its judgments will only reflect how Swedish Law applies to the case. It does not have the capacity to bring about legal precedents in other countries, directly, except where other countries decide to adopt any principles demonstrated here.
You can bet the MAFIAA will continue to keep pressing this matter in courts around the world, regardless of how often they lose, as long as they have the money to keep it going. It really is that insane! And, they have always had a hard-on at every opportunity to take a crack at taking down TPB.
I’m kind of hoping the MAFIAA never gives up this crazy vendetta against TPB.
The more money they waste, the closer they bring themselves to their own extinction.
…Imagine a world without the MAFIAA!… Listen!…. That’s the sweet sound of music, the way it was always intended… guilt-free!
February 17th, 2009 at 2:36 pm
Listen! Since the crapy prefabircated RIAA “”"”music!”"”" is fading away the good music is growing louder!
Bye bye parasites!
Once they are on the ground we will go after their stuffs to compensate their victims.
Let’s continue the boycott!
February 17th, 2009 at 3:52 pm
you think you could kinda use it as a characterization as to how the mafiaa go after people with unfounded claims, since there are american corperations involved in trying to get these charges placed on tpb
February 18th, 2009 at 4:35 am
Some HÃ¥kan Roswall fails:
Failed to use windows mediaplayer
Failed to understand bittorrent basics
Failed to start a powerpoint presentation under 15 minutes
Failed to take screenshots that were relevant as evidence
Failed to document .torrent files (LOL)
…