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Its an issue that peermeates the entire system.
Just look in the US and the kind of "special treatment" that Monsanto™ have been recieving
from its moles within the FDA and supreme court.
Look at all the unjust support the banks have been given lately; and all without accountability.
Its called Lobbydemocracy.
Significant for the Lobbydemocracy is the only thing that matters is power and influence.
As long as this twisted version of an democratic society is allowed to exist. the more it will infect all parts of our freedom untill we are little more than serfs under our "new" elite.
Our employers.
Do you know what Industrial Property is?
A .torrent isn't illegal in itself, and The Pirate Bay simply shouldn't be punished for what they've done if you follow Swedish law. But there is a lot of people who are biased into thinking .torrent files are simply illegal, and that's especially old folk or people who haven't had any interest in the subject.
At any rate, who's guilty would be the users of the website. They decide what's uploaded and what's downloaded, be it legal or illegal. If they want to file a lawsuit against anyone, let it be the users.
But remember one thing...
We are legion, for we are many.
No matter what the judge says - facts are facts, and if people can reasonably believe that the judge was unfairly (emphasis on "unfairly") predisposed to a given verdict, the judge must recuse him or herself from the proceedings, in the interests of a fair trial. A judge's function is to not just interpret law, but to hold such a respect for it that he or she would rather pull themselves away from a trial than to jeopardize the respect for rule of law.
I'm not going to say the judge was paid off or had an ax to grind, but if a legitimate and reasonable case can be made, then the judge had no business being involved in this trial, and justice was no upheld - EVEN IF a clearly unbiased judge would have made the same ruling.
if it can be proven that there was communication between this organization and the judge that the verdict of the trial should go favorably for the prosecution - that's proof. just being a member of an organization doesn't mean you can't be impartial. many people in this country hold religious views that say abortion is wrong yet they go to jobs where they may have to dispense an abortion drug.
there was even an article recently about a clerk in iowa who's personal views conflicted with the state's stance on civil union for all, straight and gay, and she said that even though it was a difficult choice personally she has to put that aside and do her job. was that the case with this judge? did he put aside his personal views and act impartially? i don't know but neither do you and that's the point. so unless someone can dig up some PROOF of wrongdoing i think the legal system provides that this judge is innocent (re: innocent until proven guilty).
Your examples were DEFENDANTS.
This is in regards to the JUDGE.
A defendents bias is supposed to be extreme regardless of thier actual guilt or innocence.
A judges bias is supposed to be absolute neutral, completely absent of any interest in the outcome from a personal standpoint. You actually believe that when he went back to these organizations hes a member of he wasn't heralded as a king ?
You're either terribly naive of general human nature, or your personal stance lies with the verdict and you're digging up really poor arguments for defending it.
If the standard you attempt to use for the judge was applied for the Pirate Bay guys we wouldn't have had this trial in the first place. They had no evidence of copyright violation nor evidence of 'inducing' others to break the law. The investigation would have died for lack of evidence.
I'm an artist and I distribute mix tapes and created content FOR FREE on the Pirate Bay and other torrent sites (vuze etc). Music has been around for as long as we have existed in societies, I don't think content will disappear because the record industry has lost their way. Their money would be better spent developing a new business model or on learning how to swim in quicksand.
On Google: The fact that Google is larger so it has 'less' violating material is only stating that bigger, richer, established companies get to have torrents? Hogwash!
"When a present course is in conflict with a future on approach, companies, nations, and even species will cease to exist" -Darin Brownlee 2008
You should believe the "Entertainment industry" wanted a SERIOUS prosecution of our friends @ TPB. I am SICK and tired of money driven organizations who deliberately choose to use NON democratic ways of using courts, media and so forth. In a democratic world, and in a scandinavian country like Sweden, this IS NOT SUPPOSED TO HAPPEN. PERIOD! Judges who are connected/friends/assosiated with one part of the side in a trial. I mean, wtf???
Lets have a fair trial and look at what has actually happened. Did TPB do anything illegal in terms of Swedish laws at the time?
Is creating a channel where you can distribute "bits and bytes" really illegal. Who are to use these kind of services?
And who dares prosecute swedish darling Niklas Zennström and danish darling Janus Friis for creating KaZaa - later SKYPE - and now Joost (last company is BASED on torrents!)
Lets have a FAIR trial based on FACTS and the DEMOCRATIC society we in the western world are so f*cking PROUD off!
Thanks TPB for fighting an important fight for freedom of speech, Internet power and the fact that "sharing is caring" (which the Internet is BUILD on!!!).
and courts have consistently ruled that providing a way for people to violate copyright, when you know your product is being used in such a manner, is illegal.
You are clearly a recording industry shill, trying to get people to believe that anyone cares about your outmoded business model.
Here's a lesson for you - for decades you ripped us off with price gouging, now we get our own back. Wake up and make tracks available in a way that is more convenient than the TPB, for a reasonable price and with no DRM, and hurry up about it or your business will die no matter how many people you sue.
Slowly watching our civil liberties being eroded - I can imagine my grand children in 50 years saying to me: "Grandpa, what were civil liberties". Welcome to the dark ages 2.0 :'(
In either case, to keep things impartial, a more neutral judge should be chosen. Come on, he's not the only judge who could have been chosen for this trial.
Definite conflict of interests. How could it NOT be?!
As I see it, his association with various anti-piracy organisations does just that. It doesn't look good, from a reasonable and fairly objective perspective - and under the law, that should be enough.
But I don't know where the Swedish high court have chosen to draw the line in similar cases regarding bias, and that will normally be the deciding factor.
I've actually remembered the case too:
http://en.wikipedia.org/wiki/R._v._Sussex_Justi...
from the judge in the pirate bay trial??? that must be a joke. he is member in not one but several organizations openly fighting copyright violations. come on. of course he was biased. or probably bullied by some of the big name members of these organizations.
I agree that it should be handled fairly after swedish laws. if providing links to torrents of copyrighted content is not a violation of swedish law....let them walk free.
On the other hand they are definitely bullshitting about the part that they never ran the pirate bay site with the intention of making money.............then again, they didnt give the millions of dollars that they have made with PB to charity either though...
i wouldnt like to be the judge on this one. thats for sure.
I guess the Pirate Bay should have tried filtering out some of the illegal activities going on under their nose. The judge being biased or not, a site sooner or later needed to be made example of in an attempt to get this problem under control.
What gets me, is that eBay can still get away with allowing blatent stolen goods, non-exchangable tickets etc etc to be sold in full view of everyone, yet nothing is done...
1. TPB links information. Just like Google.
When I type TPB in Google, it gives me a link to TPB and all it contents. Should Google go to trial for doing exactly the same as TPB?
2. Creators (musicians, filmmakers, software developers) need to be acknowledged for their work, economically. And TPB may limiting this.
When I type TPB in Google, it gives me a link to TPB and all it contents. Should Google go to trial for doing exactly the same as TPB?
I liked this comment. Go and sue Google first and prove that the TPB case is a needless mess.
it is right to prosecute people who set up illegal file sharing, but it has to be done in a fair way, where no biased individuals are involved, one way or the other.....
In the US, a judge would normally tell the parties flat out, even if s/he didn't think it was a problem.
The Pirate Bay creators got off lightly. Only a year, man they deserve 4 years for their cockiness and they were secretly profitiing off the site heavily. It's a load of crap when they say they weren't. Would people be as compassionate if they revealed they were making a killing in revenue?
Stop crying over the Pirate Bay and join a private torrent tracker where the admins don't go boasting about being unshutdownable.
RT
www.anonymity.es.tc
There is no debate here. This is fact. It's obviously a conflict of interest, and there must be a re-trial. I don't care whether you agree with piracy or not, they should have gotten a fair trial, and that judge had his mind made up before the trial even started.
Not only should there be a re-trial, but the judge should be disbarred for lack of common sense and judgment.
Whether or not they broke any laws is a question that demands a fair trial.
I find it instructive that big powerful capitalist and capitalist organizations who believe (in word) about market forces, free markets, etc...cannot hear the market saying-- no screaming, that "The PRICING & Distribution model currently employed is NOT viable or wanted". You consistently hear folk stating they pay and download for other reasons or would like to pay but don't want to pay for crap and be stuck with it AND/OR don't find the price commensurate with the products (although they do find value).
The industry continues to look this gift horse in the mouth and has decided instead to turn the horse into glue instead of riding it to a new profit paradigm. Old paradigms die hard, but they do eventually die. For that I'm most thankful.
Aside from the author's "a retrial seems like a very real possibility" comment - do we KNOW if the court or the defendants' legal team is taking this information as seriously as it should?
And to put on my grammar-nazi jackboots for a second, Mr Schroeder - please consider using a spell-checker before submitting articles. I'm not a journalist or editor, but to have a misspelling as rudimentary and obvious as "unbelieavable" in the first line of your article? For shame.