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THE PIRATE BAY APPEAL
Pirate Bay appeal 'a waste of time': Sunde
The Pirate Bay's Peter Sunde and Fredrik Neij outside the courtroom on Tuesday

Pirate Bay appeal 'a waste of time': Sunde

Published: 28 Sep 2010 17:41 GMT+02:00
Updated: 28 Sep 2010 17:41 GMT+02:00

Tuesday's proceedings began with some confusion when one of the four men behind the file sharing website The Pirate Bay, Gottfrid Svartholm Warg,failed to turn up.

Fellow defendant Peter Sunde was at first unable to shed much light on Svartholm Warg's whereabouts.

"I don't know. But the last time I heard from him he was sick in hospital, a couple of weeks ago."

In response to a question over which country Svartholm Warg is currently located, Sunde replied:

"I don't think he would be too happy if I say, but it is in Asia."

Shortly thereafter, however, Svartholm Warg’s attorney Ola Salomonsson provided an update on his client's whereabouts.

"I just got a text message from his mom. It says that Gottfrid is sick and still in Cambodia. His mom is traveling there to help him," he told the Aftonbladet newspaper.

Svartholm Warg, Sunde, as well as Fredrik Neij and Carl Lundström were all convicted in April 2009 on charges of being accessories to copyright violations.

Court proceedings began at 10am at the Svea Court of Appeal on Riddarholmen in Stockholm.

Most of the day’s hearing consisted of a review the charges against the four men, as well as presenting information about the workings of the site and the associated BitTorrent technology, according to an account of the proceedings published on the website of the Svenska Dagbladet (SvD) newspaper.

Sunde was hopeful when he arrived at the court and believes that there is a good chance that he will be acquitted.

He argued that his prospects have been improved by the fact that the court of appeal deploys more judges in its hearings, as opposed to the district court which is made up of laymen.

The atmosphere outside of the court was reported to be calm and reserved, in stark contrast to the carnival atmosphere and media scrum that greeted the district court trial of the four men.

"This is a performance with three acts, where the first was important and interesting, but the middle act is perhaps less exciting," said Pirate Party leader Rick Falkvinge who was on site to blog from the courtroom.

The four defendants are appealing their conviction and sentence of 12 months imprisonment and a collective fine of 30 million kronor ($4.4 million) payable in compensation to a slew of record and film companies.

The district court judgement stated that The Pirate Bay facilitated "an unlawful transfer to the public of copyrighted works". In passing judgement, the court also wrote that the four defendants worked as a team for the maintenance of The Pirate Bay.

Lawyers for the entertainment industry argued that the four defendants should be convicted of preparation to copyright violations if they aren’t convicted of acting as accessories to copyright violations.

Meanwhile, defence attorneys for the four men all argued that their clients should be acquitted or have their penalties reduced.

Sunde also kept busy updating his Twitter account throughout the proceedings, mocking chief prosecutor Claes-Håkan Rosvall’s presentation on BitTorrent technology.

“I don’t want to be unkind toward Classe Rosvall, but he can’t show a PowerPoint presentation yet thinks #spectrial# is ‘uncomplicated,’” Sunde wrote on his Twitter account, using an abbreviation for the Pirate Bay trial which came into fashion during the district court hearings.

In the afternoon, Rosvall outlined evidence which he claimed proved the four men were all involved in either operating or financing The Pirate Bay, and that they knew the site’s purpose was to allow users to share copyrighted material.

Among the evidence presented by Rosvall was an email from Lundström to his lawyer in which the heir to the Wasa crispbread empire wrote that The Pirate Bay facilitates internet piracy.

The email also included reflections by Lundström on whether the site should be moved to another country or shut down altogether.

“We’re surrounded by the Anti-Piracy Agency (Antipiratbyrån). Should we shut it down or risk ending up in jail,” Lundström wrote in an email, according to Rosvall.

Speaking later with the Aftonbladet newspaper, Sunde made it clear he would rather be anywhere but back in a Stockholm courtroom.

“This is really boring. It’s a waste of time. It’s going to be appealed no matter what happens,” he told the newspaper.

“This is going to the Supreme Court.”

The Pirate Bay, one of the world's most popular BitTorrent trackers, meanwhile remains open and has more members than ever, despite several attempts to force its closure.

All of the four defendants are resident overseas. Carl Lundström in Switzerland, Fredrik Neij in Thailand, Peter Sunde in Germany and Svartholm Warg, in Cambodia.

TT/The Local (news@thelocal.se)

Your comments about this article

19:09 September 28, 2010 by Liquidmonkey
good luck!

TPB FTW!!!
21:08 September 28, 2010 by locaxy
How convenient...they timed it AFTER the elections!
22:39 September 28, 2010 by Toonie
Sure, let's reach a point where all creatives provide their work for free. As a Swedish Finance Minister once said, 'Being needy encourages creativity.' So the less artists get for their work, the more creative they'll be.

Meanwhile the geeks who control the means of delivery are the only who'll make the money. And in order to do that they will most likely be upper-middle class, moneyed, hereditary 'Svenssons'. But what do other Swedes care provided they can get their stuff for free and feel good about 'fighting for freedom' or even 'egalitarianism'. This reeks of hypocrisy, no better than those affluent Swedes who go to the opera for free because they know people who can get them free tickets. You want to read, see or listen to art? Then either create it yourselves or pay for it and let others earn a living. I doubt there are many Swedes who would themselves do very much for nothing.
23:12 September 28, 2010 by eZee.se
@Toonie,

very heartfelt... but utter BS.

It wouldnt be BS though... IF the corporations didnt b@stardize copyright into the monster that it is today with constant copyright extensions and erasure of peoples rights via DRM.

The music and film industries have totally backed out of the original deal of creating - getting paid - and then after a certain number of years (14+ optional 14) the works go into the public domain... but they still want us to honor copyright???

HAHAHAHA

Before there were no options to fight back against the corporations, now a keyboard is enough... I use four fingers to google the song or movie I want while holding up my middle finger to them.

I also try to educate anyone who wants an easy way to download music and video online. Shutting down TPB is not going to do anything, there are still 9 BT sites that I can give you off the top of my head and much more if I really think about it.
23:19 September 28, 2010 by dobermann
To Toonie

Yes I agree, that there aren't many people who would like to work for free and create for free, but there must be some limits.. For example software prices.. Companies spend a lot of money to create it, but when it's already done, it costs almost nothing to do as many copies as they need..On the other hand, car manufacturer spend even more money to develop new car and for every other car they must buy all materials, pay people who work at manufacturing and etc.. So for me it's not understandable that software costs so much.. Prices vary from 1€ up to a few hundred thousand or even more..And in every second version of software, they add a few new features and you need to pay a huge price again..And I hate when companies say, that they are loosing millions because of the pirates..If person can't download software or music for free, it doesn't mean that he or she would buy it..Last year I saw about 300 movies(most of them from piratebay), but if I had to go to cinema or buy DVD's, and there were only up to 5 movies worth to pay fo them..
00:23 September 29, 2010 by Vetinari
Tooni,

How do you explain the explosion on new, unsigned music being distributed for free over myspace, youtube etc? Wow, seems like free distribution does not stop anyone from creating... imagine that.

The only ones who complain about filesharing nowadays are the record execs, and poor deluded sheeple like you.

How much media will be consumed when the price is 500 SEK for an album with one properly produced song and twelve filler tracks? Zero.
06:28 September 29, 2010 by missfriendly
If an album is good enough, I'll buy it - if a film is good enough, I'll get it on DVD - if software is good enough I'll (erm... ok, who am I kidding? - sorry, Adobe...).... I see torrents as the ultimate 'try before you buy' tool - if the creators as creating stuff that's good enough, they'll still get the money. Good luck to the Pirate Bay guys.
08:01 September 29, 2010 by Taxalien
Number of torrents found searching on TPB: 2.6 million

Number of torrents results searching on Google: 144 million

Is Google next?
10:52 September 29, 2010 by BrittInSweden
@eZee.se

They remove no ones rights with DRM, after all you only ever purchase a license to use the software not to own it. DRM doesn't prevent that.

@Taxalien

Google doesn't link to the torrent it links to the site that links to the torrent.

@dobermann

Software costs = Publisher/developer share, manufacturing cost of discs and packaging plus paying for the staff/machine/service of doing that, distribution costs to the stores which includes fuel of the trucks and the drivers and the admin costs, retail costs for floor space, storage space, staff etc and then on top of all that the taxes which each step has to deal wtih. That costs a bit more than nothing after software is complete.

TBH they should take this lot, throw them in prison and throw away the key. Sweden wonders why it gets left behind in releases. The general attitude of Swede's regarding their "freedoms" and piracy is the only answer you need.
12:47 September 29, 2010 by Audrian
Inventers and creative people should receive compensation for their work but open ended monopoly profit as a result of it is exploitative. Compare the young inventors of today who are receiving obscene amount of income even though the British inventor of World Wide Web got nothing from it. (Albert Einstein lived a humble life with income of a professor even though his discoveries have considerable economic use in our time. (He received the Nobel Price twice this is all). The present system is obstacle to progress, as patents prevent the spread of technology. Progress is a historical phenomenon; most inventions were gifs to the present generation.
16:16 September 29, 2010 by dobermann
@BrittInSweden

I agree with you about those expences, but even with them, software prices can't be so high.. CD manufacturing, transportation and storing costs just a few bucks, but not hundreds or thousands..those discs are absolutely the same like music cd's, and they somehow do not cost thousands..

These all problems are mainly from big companies and record studios.. They dodn't get even more millions.. If someone is a really good creator and people like him or her, then they will buy CD's, go to concerts and support in other way..
14:31 October 1, 2010 by neonapple
@BrittInSweden

Google does indeed return torrent results, simply search:

"filetype:torrent whatever_you_want"
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