'Pirate Bay judge not biased': court

Published: 8 Jun 09 14:06 CET
Online: http://www.thelocal.se/19946/20090608/

Dictionary tool Double click on a word to get a translation

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 Facebook  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.
18:56 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
Reinfeldt leads voter support poll

Reinfeldt leads voter support poll

Swedish Prime Minister Fredrik Reinfeldt retains his position at the top of the party leader board in a new survey on voter confidence while support for opposition leader Mona Sahlin continues to decline. READ (1 COMMENT) »

Human trafficking pair imprisoned on appeal

In the first case of its kind in Sweden, a Stockholm court has found two men guilty of human trafficking after they lured two teenage boys from their home in Romania to a life of crime. READ (2 COMMENTS) »

Annika Östberg moved to rehabilitation centre

Sweden’s convicted double murderer Annika Östberg Deasy, who is due to be released in May 2011, has been moved from a female prison to a rehabilitation centre where she will work at a day nursery for dogs. READ »

Straight-sets win powers Söderling into Indian Wells semis

Swedish tennis ace Robin Söderling defeated Britain's Andy Murray on Friday to claim a semi-final place against Andy Roddick in the Indian Wells Masters 1000. READ »

Swedish Paralympic curler fails drug test

Swedish Paralympic curler fails drug test

Glenn Ikonen, a member of Sweden's Paralympic curling team, has been issued with a two-year suspension for failing a drugs test as his teammates secure their place in the finals in Vancouver. READ »

'Name and shame sex-buyers': Ask

'Name and shame sex-buyers': Ask

Sweden's justice minister Beatrice Ask wants families to know if their husbands or fathers are suspected of buying sex in order to shame them into curbing their errant behaviour. READ (40 COMMENTS) »

BA strike set to hit Swedish flights

BA strike set to hit Swedish flights

Travellers between Sweden and the UK face delays and cancellations this weekend due to a strike by British Airways cabin crew, with three out of five flights from Stockholm to London cancelled on Sunday. READ »

'Millennium' film opens to rousing US reviews

'Millennium' film opens to rousing US reviews

The first of the Stieg Larsson Millenium trilogy films, The Girl With the Dragon Tattoo, has opened to resounding reviews from US critics and audiences not known for cherishing obscure subtitled films from Scandinavia. READ (23 COMMENTS) »

More National

Blog Update: Julie's Nordic Island

20 March 11:34

Let the Multitude Bloom »

"Recently I’ve been thinking of how much mental space we could create if we collectively agreed to get rid of stereotypes. All of those small compartments we walk around with in our heads would suddenly be cleared away and we’d feel so much lighter. Just think of all of that space for real new perceptions..." READ »

Highlights
RESTAURANTS »
Find a table at Sweden's best restaurants - then review them on The Local in our new restaurant section
Photo: www.stureplan.se
GALLERY »
Out on the town: March 12-13
Photo: www.erikolsson.se
GALLERY »
Property of the Week
Photo: Chesty Morgan
LIFESTYLE »
What's On in Sweden: March 19th - 25th: Chesty Morgan in Stockholm, Cameroonian Jazz in Gothenburg, a spin on Cinderella in Malmö, English comedy in Linköping.
March in Sweden: Slush, bears and skiing royals
LIFESTYLE »
March in Sweden: Slush, bears and skiing royals
Photo: www.finest.se
GALLERY »
The weekend's 'finest': March 12-13
Photo: Anastasia Pirvu
GALLERY »
Stockholm/Uppsala Street Style, March 7-8
Photo: Piteå Kommun
SPONSORED ARTICLE
Swedish Rail Destinations with SJ: Piteå is best known as a summer destination, but wintertime offers skating across the ice in the Gulf of Botnia and cosy dinners in the pretty town centre.
Latest news from The Local in Germany
Blog
  • 5 questions for Maria Ernestam
    The novels of journalist-become-author Maria Ernestam are both serious and humorous. Sometimes compared with works by Isabel Allende, Fay Weldon, Ingrid Noll and Ruth Rendell, Ernestam's books have...
  • Film studio Sweden
    Sweden — with its midnight sun, northern lights and areas with certainty of snow — is attracting filmmakers from all around the world. Besides an exotic environment, Sweden has other advantages as a...
  • Veronica Hedenmark
    “I’d like to travel and fly without having to think about the practical arrangements — but the practical part severely restricts my movements,” says entrepreneur Veronica Hedenmark, who uses an...
  • Victoria Webster
    Victoria Webster became Sweden’s first specialist in emergency medical care. This attracted considerable media attention, since she has a cerebral palsy (CP)* disorder.
Essentials

Jobs - in Sweden, in English
Get your career on track with our job listings from Sweden's top employers.

Property - renting or buying in Sweden
Navigating the minefield of renting or buying an apartment or house in Sweden.

Weather
"There is no bad weather, just bad clothes," say the Swedes. Here's the forecast for everyone else.

Introducing...
Every week The Local serves up a spicy helping of Swedish celebrity for your delectation.

Stockholm Syndrome
Tales of crazy Swedish classes, hamfisted attempts to understand - and explain - real Swedes, and varied experiences of fellow foreigners gathered for your amusement.

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

0 jobs in Sweden, in English
0 new jobs this week
0 new jobs today

    ALL JOBS »

    Visiting Stockholm?
    Then you'll find The Local's new Stockholm Section useful. Find pics, guides, news and lots of useful information about Stockholm.
    www.thelocal.se/stockholm
    The Local's new Marketplace
    Find products and services that are specifically focused on English speakers living in Sweden!
    FULL DETAILS
    Welcome to Adlon Hotel in Stockholm
    A perfect location both for business and pleasure. Centrally located, with atmosphere.
    www.adlon.se
    Winter archipelago tours
    Visit Stockholm's beautiful archipelago. Great boat tours for all preferences.
    MORE INFORMATION
    Doctor of Psychology
    Therapy in English

    David Schultz PsyD
    Individuals & couples
    In Stockholm in person or by phone or video conferencing
    www.anxiousorblue.se
    Play football in Stockholm
    Kick-off the new football season with LFC, Stockholm's premier English-speaking football club.
    MORE INFO
    JOB: Digital Ad Operations Coordinator - Stockholm
    The Local seeks a digital advertising specialist to administer advertising operations for our network of sites
    FULL JOB DETAILS
    Lovely Weekly Apartment Rental-Stockholm
    Charming apartment in Lidingö that overlooks the forest, sea and city! 60 sq m, 2 rooms, sleeps 2-4 people. 7969 sek/week.
    MORE INFO
    Counseling in English Individuals & Couples - Stockholm
    Beth Rogerson PhD - Clinical, Marriage & Family Therapist
    Click or call 08-5580 1266 now
    JOB: Sales manager - Stockholm
    The Local is seeking a talented media sales professional to drive our online advertising sales
    FULL JOB DETAILS