• Sweden edition
 
THE PIRATE BAY TRIAL
Pirate on prosecutor: 'The old bastard's crazy'

Pirate on prosecutor: 'The old bastard's crazy'

Published: 02 Mar 2009 12:52 GMT+01:00
Updated: 02 Mar 2009 12:52 GMT+01:00

Roswall argued that The Pirate Bay was far more than the “hobby site” claimed by the four men accused in the case, estimating that the site generated net profits of around 10 million kronor ($1.1 million) a year.

The indictment concerns 33 works, including albums, films, and computer games, which together were downloaded a total of 435,000 times, according to the prosecutor.

Roswall pointed out that the standard for demonstrating complicity in a crime in Sweden is relatively low and used assault as a comparison.

“A person who is holding someone's coat while they assault someone else is complicit in the crime,” he told the Stockholm court.

Roswall rejected as “a technical objection” arguments by the defence that file sharers may have located torrent files using torrent trackers other than those from The Pirate Bay.

What’s important, he argued, is that The Pirate Bay’s trackers can be used.

While Roswall admitted that the EU directive on e-commerce which protects operators of web-based businesses from responsibility for the information transferred through their websites does apply to The Pirate Bay, he didn't think a ruling from the European Court of Justice was required to determine precisely how the directive applied.

“It doesn’t mean some sort of immunity for middlemen. And there is no reason to request an opinion from the European Court,” he argued.

In the indictment, prosecutors estimated that The Pirate Bay earned about 1.2 million kronor per year.

“But my estimate is extremely low. The profits are much greater than that,” Roswall said on Monday, after which he cited new calculations showing that The Pirate Bay generates annual income of 11.6 million kronor.

After deducting expenses, The Pirate Bay’s yearly profit comes to around 10 million kronor, according to Roswall.

“And therefore The Pirate Bay isn’t some sort of charity operation. It’s a business,” he said.

Speaking during a break in the trial, Svartholm Warg, cast doubt on Roswall’s numbers.

“It’s totally absurd, those numbers are totally disconnected from reality,” he told the TT news agency.

Nevertheless, Svartholm Warg was surprised that prosecutors were only seeking a sentence of one year in prison.

“I was actually surprised that he’s only asking for one year, I’d expected two,” he said.

“The old bastard’s crazy.”

Speaking after Roswall, Peter Danowsky, who represents the recording industry association Ifpi, said he wanted to correct a number of misconceptions about the case.

He emphasized that file sharing as a whole is not on trial, but rather the four defendants – Fredrik Neij, Gottfrid Svartholm Warg, Peter Sunde and Carl Lundström.

Nor is the case about what sort of legislation ought to be passed with respect to file sharing, he said.

“The case is about whether the activities carried out by The Pirate Bay violated applicable laws and what the legal consequences should be,” said Danowsky.

He added that the trial is also about Swedish copyright in the digital age.

“And whether rights holders should have no protection or if they should have the right to earn a living,” Danowsky said.

He urged the court not to give weight to claims by the defence that people can download copyright protected material from other websites or that it’s possible to find torrent files using Google.

“To say that ‘so many others also commit the same crime and therefore we shouldn’t be convicted’ doesn’t hold, and that’s something to which courts never give any consideration,” he said.

Danowsky reiterated music industry claims that the damages sought should cover not only record sales lost to The Pirate Bay, but the loss of goodwill and other harm caused by file sharing.

He then called into question the expert testimony of Roger Wallis from the Royal Institute of Technology (KTH), who argued that there are benefits to file sharing and that copyright as a system may have outlived its utility.

“Wallis’s 30 percent guest professorship at KTH provides about as much credibility as something on par with a newspaper editorial,” said Danowsky, adding that the court should give more weight to testimony by Ifpi’s John Kennedy and Ludwig Werner who “know what they are talking about”.

Danowsky then attempted to cast doubt on a study carried out by Sunde which concluded that 80 percent of the material on The Pirate Bay is free from copyright protection.

“That has neither credibility nor relevance,” he said, adding that defence claims that record companies should hold individual file sharers responsible rather than The Pirate Bay are “a dead end”.

The four defendants are accused of running The Pirate Bay website and in so doing "promoting other people's infringements of copyright laws."

Founded in 2003, The Pirate Bay makes it possible to skirt copyright fees and share music, film and computer game files using torrent technology, or peer-to-peer links offered on the site.

Although the site claims to have some 22 million users worldwide, none of the actual material can be found on The Pirate Bay server itself.

Representatives of the movie, music and video games industry are asking for around 117 million kronor ($ 12.7 million) in damages and interest for losses incurred from tens of millions of illegal downloads facilitated by the site.

Lawyers representing the industry were to hold their summations later on Monday while the defence was scheduled to wrap up the trial on Tuesday.

The court is expected to take a few weeks to announce a verdict.

TT/AFP/The Local (news@thelocal.se)

Don't miss...X
Left Right
Today's headlines
Boy receives cancer vaccine by mistake
Photo: Hasse Holmberg/TT

Boy receives cancer vaccine by mistake

A boy scheduled to be vaccinated against mumps, measles, and rubella instead received a vaccine against cervical cancer. His family has now reported the blunder for inspection. READ  

Sweden grants additional funds to jobs agency
Photo: Bertil Enevåg Ericson/TT

Sweden grants additional funds to jobs agency

The Swedish government has announced that it will increase funding to the jobs agency (Arbetsförmedlingen) in 2015, primarily to cover personnel costs but also to prevent long-term unemployment. READ  

Police 'powerless' against street racers
Police on E4 highway. Photo: Johan Nilsson/TT

Police 'powerless' against street racers

Stockholm police said they were powerless to react when streetracers took over at "insane speeds" on a large highway on Friday night. READ  

Saab carmaker wins receivership
Photo: Björn Larsson Rosvall/TT

Saab carmaker wins receivership

After initial rejection, a Chinese-owned company set up to take over Saab's assets after the troubled Swedish carmaker's bankruptcy said on Friday it had succeeded in being placed in receivership. READ  

Woman suffers cardiac arrest while giving birth
Photo: Tomas Oneborg/TT

Woman suffers cardiac arrest while giving birth

A 30-year-old woman went into cardiac arrest while giving birth at a Stockholm clinic - without hospital staff noticing that anything was wrong. She remains in a critical condition on Friday. READ  

Champions League
History repeats for Malmö fifty years later
Striker Magnus Eriksson during Malmö's 3-0 win over Salzburg in a Champions League qualifier. Photo: Björn Lindgren/TT

History repeats for Malmö fifty years later

Malmö's entry into the Champions League serves as a reminder of times gone by in European football. With Spain's champions bound for Sweden things just couldn't be better, writes contributor Lee Roden. READ  

Elections 2014
Löfven promises jobs to 50,000 young Swedes
Social Democrat leader Stefan Löfven. Photo: Fredrik Sandberg/TT

Löfven promises jobs to 50,000 young Swedes

Social Democrat party leader Stefan Löfven announced on Friday his "most important election promise", a 90-day job guarantee programme for young Swedes. READ  

 Sweden to buy fighter jets despite Swiss pullout
The Jas Gripen fighter aircraft. File photo: Wikimedia

Sweden to buy fighter jets despite Swiss pullout

Sweden said Friday it would go ahead with the purchase of a new generation of Saab Gripen fighter jets, despite Switzerland pulling out of a major co-financing deal. READ  

Three hurt after northern knife attack

Three hurt after northern knife attack

Three people are in hospital after they were stabbed during what police suspect was a gang-related attack in Umeå. READ  

Stockholm 'thief' turns out to be trainee ninja

Stockholm 'thief' turns out to be trainee ninja

Stockholm police rushed to the scene when a worried Swede reported that their neighbours were the victim of a break-in - but when officers arrived, they found nothing but a ninja in the middle of practice. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
Gallery
People-watching August 27
Gallery
Top ten false friends in Swedish
National
Roma advocate scoops Wallenberg prize
Society
Meet the man who made a Swedish store recall its high heels for kids
Business & Money
'How I came to run my own business in Sweden'
Blog updates

25 August

Hit och dit, här och där (The Swedish Teacher) »

" Hej igen! A common challenge for Swedish language students are the location adverbs hit/här, dit/där, hem/hemma etc. Some of the location adverbs come in two versions. We should use one type of location adverb when we use a verb describes where we are, and we should use the other type of location adverb when we the verb..." READ »

 

25 August

The Dollar Store (Blogweiser) »

"A dollar store in Sweden. Blog post: http://t.co/tNuuvcP1q0 #USD #greenbacks #sweden #sverige pic.twitter.com/RHFAYf7U1k — Joel Sherwood (@joeldsherwood) August 23, 2014 There’s a chain here in Sweden called The DollarStore. This name always stood out to me in a country where they don’t use dollars. I went there for the first time this weekend. They actually accepted greenbacks..." READ »

 
 
 
Politics
Expert explains why Sweden's election oozes uncertainty
National
City plays Schindler's List theme at Nazi rally
Society
For Stockholm Fashion Week, here's the A-Z of Swedish fashion
National
'Amnesiac' man avoids deportation for ten years
Gallery
Princess Estelle through the years
Business & Money
Swedish city all set for six-hour workday trial
Business & Money
Five golden rules for the Swedish job hunt
Sponsored Article
Graduates: Insure your income in Sweden with AEA
Gallery
People-watching August 22-24
National
Armed royal guards caught (very) drunk on the job
National
Sweden orders textbook on Roma discrimination
Gallery
Violent anti-Nazi demonstrations in Malmö
Society
A closer look at Sweden's five official minority languages
Gallery
See the destruction from the southern Sweden floods
Politics
'Sweden Democrats hold the key to elections'
Society
Swedes celebrate first day of smelly fish season
Politics
Sweden elections: How do they work?
Finest.se
Gallery
People-watching August 20th
Society
Did you know the Bronx in NYC was named after a Swede?
Sponsored Article
Find out what gives this Swedish school executive appeal
Sponsored Article
Introducing...Your finances in Stockholm
Sponsored Article
Introducing...Housing in Stockholm
Latest news from The Local in Austria

More news from Austria at thelocal.at

Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Germany

More news from Germany at thelocal.de

Latest news from The Local in Denmark

More news from Denmark at thelocal.dk

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

775
jobs available
Swedish Down Town Consulting & Productions
Swedish Down Town Consulting & Productions is an innovative business company which provides valuable assistance with the Swedish Authorities, Swedish language practice and general communications. Call 073-100 47 81 or visit:
www.swedishdowntown.com
PSD Media
PSD Media is marketing company that offers innovative solutions for online retailers. We provide modern solutions that help increase traffic and raise conversion. Visit our site at:
http://psdmedia.se