• Sweden edition

'Pirate Bay judge not biased': court

Published: 8 Jun 09 14:06 CET | Double click on a word to get a translation
Online: http://www.thelocal.se/19946/20090608/

The judge in The Pirate Bay trial, Tomas Norström, was not biased, Stockholm District Court has argued in its report to the Svea Court of Appeal, which will rule on the issue.

Nordström is a member of several organizations that take a pro-copyright stance. These memberships form the basis of accusations from defence lawyers that the judge is biased and they have voiced calls for a re-trial.

Defence lawyers pointed out in appealing the convictions of their clients - Peter Sunde, Fredrik Neij, Carl Lundström and Gottfrid Svartholm Warg - on charges of complicity in breach of the Copyright Act, that one of the organizations receives funding from the recording industry organization IFPI.

But the Stockholm District Court has now argued that the criticism is misplaced.

The memberships are simply a means to gain increased knowledge of copyright legislation issues and are not therefore grounds to establish bias, the court argues.

On the contrary, the court argues, it is imperative that judges remain abreast of the issues.

Defence lawyers have also maintained that Nordström had been hand-picked for the high-profile trial in contravention of the prevailing practice of the random selection of judges.

"This we strongly reject. The selection was made in adherence with the District Court's rules of procedure," Chief Justice Lena Berke at the District Court said.

Due to a re-organization, the appointment for the case was changed but the procedure was open and objective, the court states.

The Pirate Bay trial was concluded on April 17th and the four defendants were each sentenced to one year in prison and ordered to pay 30 million kronor ($3.8 million) in damages.

TT/The Local (news@thelocal.se/08 656 6518)

What do you think? Leave your comment below.

Fark It! Digg This  Share everywhere
Send to a friend Printable version Twitter This

Your comments about this article:

The comments below have not been moderated in advance and are not produced by The Local unless clearly stated. Readers are responsible for the content of their own comments. Comments that breach our terms and conditions will be removed.

15:22 June 8, 2009 by eZee.se
If they rule that the judge was not biased, a LOT of people (and nearly all the youth) are going to lose all faith in the Swedish legal system... especially since its not to hard to find the strings being held by the puppeteers in the (US) music and content industries.
15:35 June 8, 2009 by byke
I still believe this judgement was bent and politically motivated.
16:33 June 8, 2009 by Huey
The Swedish goverment must rule against this judge and throw out the entire case and ruling against the Pirate Bay if this goverment is going to be taken seriously by be the new generation of Swedes. The older generation of Swedes live in fear, so they are useless.
18:03 June 8, 2009 by Random Guy
now now, roll over and give me your paw like a good puppy - your USA overlords have spoken. you have no say in the matter.

now be good and take it or we will hit you on the nose with a wet paper.

be a good puppy - not a bad dog (or else!)
18:56 June 8, 2009 by anti pp
I wish I could have some burgers along with the movie, not to mention Free
20:41 June 8, 2009 by spy
If Nordström had declared his association with pro-copyright organizations would he have been 'hand-picked for this high-profile trial'? - Only by a complete moron!

This is a serious own-goal for the Swedish legal system which must not only act but also must appear to be whiter than white.
23:42 June 8, 2009 by Dagem Hailemariam
Are you F**King kidding me!! Call it what it is!! STRAIGHT BLATANT CORRUPTION!!
04:11 June 9, 2009 by Kevin Foley
I know judge T.N. personally and I believe him to be a serious, responsible and honest individual. With all due respect to his detractors - he is a fine professional and a good human being. Stop with the personal attacks. Has Karl Rove moved to Sweden??
04:46 June 9, 2009 by Marley420
I believe the next step is to appeal to Supreme Court of E.U.. Supreme Court without bias can either set aside or uphold the ruling.

Kevin, law is very difficult to understand for those who work outside the law. Unfornuately, media plays devil advocate to stir up emotions. But, I must agree with you that I sure he is a fine and honest individual who fines himself entrenched in a controversial issue of human rights.
07:49 June 9, 2009 by Muttlestar Galactica
Hang on. Where are these personal attacks you speak of? All I've seen on here so far are folks questioning what the judge actually decided in regards to his revealed direct professional interest in the case. Which in a democracy, is their perfect right. Heaven forbid trials haven't been unduly influenced by conflicts of interest before eh?

I think it's slightly unfair to compare the good folks on this forum with a certain coin-eyed soulless sociopath, just for debating the issue.

P.S Maybe your friend is all of the things you say he is, but at best he's also proven to be politically naive to think his revealed interests would not bring the trial into question, and at worst, obnoxious enough to think he was safe from what is potentially valid critique.
07:55 June 9, 2009 by apostolos1975
In other news a judge that freed a well-know pedophile has been found to be a pedophile himself. The supreme court doesn't see any need to rerun the case.

Following in the news, another blow to the anti-racist movement in the country were the supreme court approved the lynching of "bad" immigrants as an educational method.
09:00 June 9, 2009 by 2monitor
This is like beeing a member of Al Quaida, but not beeing a terrorist.
09:10 June 9, 2009 by Puffin
You need to remember that this is NOT a final decision relating to the appeal

The court of Appeal has asked the district criminal court which chose Nordström to judge the Pirate Bay case for a statement regarding the case as part of the appeal process

That the court that chose Nordström does not believe that they did anything wrong is hardly a suprise - the biggest surprise is that anyone is wasting their time to comment on this non event
09:23 June 9, 2009 by Octover
Thank you Puffin, rereading the article and I can see that point is made in the first paragraph.
10:08 June 9, 2009 by usgepo
Obvioulsy the Swedish courts belive that it is OK to be wined and dinned by studio executhiefs as well as extra curricular activities, such as private parties with special favors from young ladies palced specially there to please this guy, and others is considered normal.

Ask him how many times he has been wined and dined and after wards has been sipping Champagne at V and oher places VIP areas in Stockholm and London clubs with studio executives and Swedish and foreign artists?

This is normal and will not make a person byass rubbish, he knows where the bread is buttered.
11:25 June 9, 2009 by Nemesis
He was biased, that was a simple fact. He was a member of an organisation involved in the proceedings.

The plaintiffs, can now take both the judge and the court hearing this to the European Court of Justice and the European COurt of Human Rights.

I do believe the pirate bay was facilitating criminal action, but a biased judge is not justice, a biased judge is a kangaroo court. There is no place for a biased judge in any European court of law in any country.

That is why I support a retrial, as justice has to be seen to be done. Due to a biased judge justice has obviously not been done, which is why I now support them being released.
14:20 June 9, 2009 by Britswedeguy
So if I join the Swedish Nazi Party I could still judge asylum seeker's appeals? It's the same broken logic.

Sweden - see what happens if you elect Conservatives?
23:28 June 9, 2009 by Beavis
I heard the bookies are offering the same odds of this juge not being biased as they are of the pope being a muslim fundementalist, or of Sweden winning the eurovision with a drag queen
05:47 June 11, 2009 by jonathan.runner
System One: Corrupt individuals in a Monarchy.

System Two: Corrupt individuals in a Democracy.

System Three: You persecuted us for opposing your system.

We made our own.

And it's time to fight for it, to stand up for what we believe is right.

System 3 Company is a non-profit organization dedicated to freedom of information, freedom of speech, and privacy. Join in if you want.

sys3co@gmail.com
07:44 June 11, 2009 by Puffin
You seem to have completely missed the fact that this was NOT a decision in the appeal!

This was merely the Court of Appeal asking for a statement from the District Criminal Court that selected Nordström

So HUGE surprise that the court that actually chose the judge didn't think he was biased
15:56 June 15, 2009 by The Anachronist
I'm sure mr Norström is an excellent human being and all, but let me put it this way: What would the reaction have been if it had been revealed that he was a card carrying member of the pirate party, a contributor to FSF or what have you?
16:02 June 15, 2009 by Puffin
Then it would be the other side appealing - in any case was Nordström not a bit 2 faced since he dismissed a lay magistrate for possible bias for membership of one of the same organisations that he himslef is a member
ADD YOUR COMMENT   (YOU MUST LOG IN OR REGISTER TO MAKE A COMMENT)
Today's headlines
Swedish blogger snaps commuting 'macho men'

Swedish blogger snaps commuting 'macho men'

A Stockholm woman fed up with male passengers on public transport taking up the space of women sitting next to them, has started a blog snapping secret pics of straddle-legged commuters and posting them on the internet. READ (33 COMMENTS) »

Swedish town gives 'Negro Village' new name

Swedish town gives 'Negro Village' new name

A suburb of Mjällby, southern Sweden, known by locals as ‘Negro Village’ for forty years, will be changing its name after a storm of recent attention. READ (10 COMMENTS) »

German 'tourist' living in Gothenburg airport

A 27-year-old German man has been living at the Gothenburg Landvetter airport for two months having no wish to return to Germany and nowhere to go in Sweden. READ (12 COMMENTS) »

Dramatic rise in dementia numbers in Sweden

Dramatic rise in dementia numbers in Sweden

Every second Swede is at risk of developing dementia, according to a new study from Umeå University, which concentrated on the 85+ population in northern Sweden. READ (1 COMMENT) »

Masked man raped cyclist in Malmö park

After a 28-year-old woman was pulled off her bicycle and raped by an unidentified assailant in Malmö over the weekend, and police are fearing it could be the work of a budding serial rapist. READ (15 COMMENTS) »

Narcolepsy victims in new compensation bid

Narcolepsy victims in new compensation bid

Families of children in Sweden suffering from narcolepsy caused by vaccination for the swine flu can expect some form of compensation, Swedish health minister Göran Hägglund said on Sunday in response to new calls for help from parents. READ (1 COMMENT) »

Löfven ready to negotiate over nuclear power

Löfven ready to negotiate over nuclear power

The new leader of the Social Democrats Stefan Löfven has indicated he's ready to negotiate with the government over the future of nuclear power despite a previous party decision to phase out nuclear energy in Sweden. READ (3 COMMENTS) »

One in five Swedes 'believes in ghosts'

One in five Swedes 'believes in ghosts'

One in five Swedes believes that people rise from the grave after they've died, a new survey has shown. READ (15 COMMENTS) »

More National

Highlights from Follow Sweden

20 things to know before moving to Sweden

As diverse as Sweden is, there are a few societal norms that are distinctly Swedish. Understanding a handful of them will hopefully prepare you culturally before you relocate. When you're invited home to a Swede, you better be on time and take your shoes off, writes expat Lola Akinmade-Åkerström. Read more »

How far can English take you in Sweden?

Sweden is a country where almost everyone can speak English. So why bother to learn Swedish? Edina Varnagy from Hungary managed with English for a whole year but then found that Swedish could open doors – to a job, a social life and greater understanding. Read more »


Blog Update: Julie's Nordic Island

12 February 21:30

The consciousness of one »

"The ice dripped in the winter sun. It was the first day when the light had been intense enough to cause dripping in the sunlight. To hear it was an extraordinary wakeup call. The cycle was happening again as it always does, always will (or so we think). I imagined that on my summer island, the bees..." READ »

Highlights
The Local
SOCIETY »
The Local's Oliver Gee finds out why the star of Sweden's version of 'The Office' thinks Sweden is the most PC country in the world
Micheal Brauer/Flickr (File)
SCIENCE & TECH »
'Drunkorexia' on the rise in Sweden: report
Alexander Lervik and Johan Carper
LIFESTYLE »
Seven Swedish designs that will blow your mind
Eva Rinadi Celebrity and Live Music Photography/Flickr
SOCIETY »
Star Wars in Swedish causes fan outrage
www.dotoday.se
LIFESTYLE »
What's On: The Local's guide to upcoming attractions and events in Stockholm, Gothenburg and Malmö.
OLIKA Publishing
OPINION »
The Swedish language needs a new pronoun free of preconceived notions about gender, a Swedish linguist and representatives from a publishing house argue
Madonna set for July 4th concert in Sweden
SOCIETY »
Madonna set for July 4th concert in Sweden
TV4
GALLERY »
An inside look at 'The Office' in Swedish
Georgios M.W (File)
SOCIETY »
Swedish mother gave 3-year-old cigs and beer
Photo: Fredrik Persson/Scanpix
SOCIETY »
A duvet cover designed to look like cardboard boxes, on sale at a luxury department store in Stockholm, has some arguing that the city's homeless are being exploited for profit.
Ann Catrin Brockman/Flickr (File)
LIFESTYLE »
Five Swedish songs that never made Eurovision
Q&A with Swenglish comedy star Ben Kersley
LIFESTYLE »
Swenglish comedy star Ben Kersley explains how ‘three bespectacled English guys’ plan to make Swedes laugh
Photo: Screenshot YouTube
SOCIETY »
Move over Bugs – a Swedish bunny is rapidly becoming the most popular rabbit in the world!
Photo: Sony Pictures
SPONSORED ARTICLE
How Millennium films tap deep into Swedish angst
Photo: Helena Wahlman
SPONSORED ARTICLE
Braving the cold: Ten reasons to spend winter in Sweden
Photo: ECLA
SPONSORED ARTICLE
A truly international education at the heart of Berlin
Highlights from Follow Sweden
Swedish word of the day

fin

adjective

Fin means anyhting from sweet to proper. When someone says, Du är så fin it's quite a compliment.

Latest news from The Local in Germany

More news from Germany at thelocal.de

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Norway

More news from Norway at thelocal.no

Blog
Highlights from Follow Sweden
New book about Sweden – get to know the country

Sweden – Up North, Down to Earth is a book about Sweden today. A country of natural beauty and open space, and a society focused on equality, human rights and sustainability. Meet regular and astonishing Swedes, supercars and indie rock bands, vampires and royalties.

Buy your copy of Sweden – Up North, Down to Earth from Sweden Bookshop

Search News


Register

Register now for:
> Free use of noticeboard
> Special discounts
> Weekly news roundup
> Unlimited use of discuss

REGISTER FOR FREE »

Jobs in Sweden, in English

512 jobs available
216 new jobs this week
0 new jobs today

ALL JOBS »

Doctor of Psychology
Therapy in English in Stockholm Trained in California Individuals & Couples (08) 93 81 48 FREE phone consultation
Visit anxiousorblue.se
Get on the Tennis Court with www.babolatshop.se
The new Online Tennis Store with the largest selection of Babolat Products in Sweden
http://www.babolatshop.se
Turning Point Counseling
Turning Point Counselling centre offers the international community of Stockholm a safe space for personal development, counselling and coaching.
http://www.turning-point.se/show.asp
Swedish Down Town
Swedish Down Town PR Consulting and Productions is an innovative business company which provides valuable assistance with Public Relations and Communications in the swedish and the international market.
www.swedishdowntown.com
The Local's new Marketplace
Find products and services that are specifically focused on English speakers living in Sweden!
FULL DETAILS
English Speaking Therapist Stockholm
British-Australian Male Counsellor. Counselling Therapy for Depression, Mental Health, Sex, Relationship & Expat Issues
08-559 22 636 or CLICK HERE
Counseling in English
Individuals & Couples - Stockholm Beth Rogerson PhD - Clinical, Marriage & Family Therapist
Click or call 08-5580 1266 now