• Sweden edition
 
PIRATE BAY APPEAL
Pirate Bay founder takes case to European court

Pirate Bay founder takes case to European court

Published: 14 May 2012 10:19 GMT+02:00
Updated: 14 May 2012 10:19 GMT+02:00

“It’s just like saying the post office should be in court for delivering a letter with illegal content,” wrote Joans Nilsson, the lawyer for Pirate Bay founder Fredrik Neij, in an opinion article published Monday in the Dagens Nyheter (DN) newspaper.

Neij was one of four men convicted in April 2009 by a Swedish court for being accessories to copyright violation for their role in founding and operating the Pirate Bay.

They were sentenced to a year's imprisonment apiece and a combined fine of 30 million kronor ($4.4 million).

Neij, along with co-defendents Carl Lundström, Gottfrid Svartholm Warg, and Peter Sunde, appealed their sentences, with the Svea Court of Appeal ruling in November to uphold the convictions, with the exception of Gottfried Svartholm Warg, who was absent due to illness.

In February, however the Swedish Supreme Court (Högsta Domstolen), announced it would not grant the right to appeal in the case, meaning the appeal's court sentence would stand.

But now Neij is taking his case to the European Court of Human rights.

“We want deeper scrutiny to determine whether it’s actually right to convict Fredrik Neij as the responsible party for how others have used The Pirate Bay,” Nilsson wrote in DN.

"The fact that there is no clear legislation or legal precedent in an area that affects us all - the internet - constitutes a problem for the rule of law."

Meanwhile, Neij's fellow Pirate Bay co-founder Peter Sunde last week requested a pardon for his conviction in the case, which left him facing an eight-month prison sentence.

While his prison sentence was due to begin on Wednesday, Sunde sought a pardon due to health reasons and his work with Flattr, a micro-donation file and money sharing site, according to documents filed by his lawyers.

It was revealed in March that Sunde, who was also the spokesperson for Pirate Bay, was set to head to the Västervik Norra prison in south eastern Sweden for his prison stint.

Fredrik Neij, meanwhile, was headed for Kirseberg in Malmö for his ten months.

The Local/og (news@thelocal.se)

Your comments about this article

11:43 May 14, 2012 by Snood
Well, It's a long shot for sure. Good luck to him though.
12:39 May 14, 2012 by byke
I am not a supporter of such sites.

But this whole case does yet again put the swedish judicial system into question, regards to how they have handled this case and the sentences they have passed.

Technology has clearly surpassed a multi million kronor industry.

And led to judgements that put the swedish legal system into shame, in an attempt to appease a market that has clearly failed to address the changing times of technology.

This idea of using a legal system to set a precedence at the cost of liberty and value of such key institutions in a democracy within the EU in an attempt to help a market that has dragged its heals over such changes is a farce.

Maybe we should charge those who reported such or brought the case to court as an accessory to the crime for simply mentioning it.

I really hope the EU do step in an overturn this.

Shame on you Sweden.
12:54 May 14, 2012 by Reason abd Realism
The post offices of the world were established in good faith, as a way for people to communicate by mail, to receive printed media, and to send packages to each other. The Pirate Bay is not a post office.

Any pretense that the Pirate Bay founders were setting up their sharing facility to only share material that could be distributed with the permission of the copyright holders is a colossal farce. The Pirate Bay founders knew full well what crimes they were enabling, and simply did not care. Now that they have been held to account, they are unwilling to face the consequences.

The only aspect of the judgement against them that I disagree with is the size of the financial penalty, unless they made that sort of sum in advertising on their site, or through some sort of revenue stream. In that case, pay up. If not, then it is an insult to all the murder victims of Sweden, when the families or orphans only receive 50,000 to 200,000 SEK in compensation from the murderer, while those guilty of theft are handed a 30 million SEK fine. In this regard, shame on you Sweden. Otherwise, Sweden has no reason to be ashamed here.
13:12 May 14, 2012 by byke
@Reason and Realism

Should CNN or any other news agency held in the same account for reporting or referring to crimes and profiting from such through advertising?
14:29 May 14, 2012 by Reason abd Realism
@ byke, post 4

If CNN is merely reporting a crime, rather than committing a crime, then CNN should not find itself in legal trouble.

But if CNN enables a crime, by telling its viewers that it has set up a website to enable people to distribute copyrighted material without the explicit permission of the copyright holders, then CNN is guilty of a crime, in the same way that the driver of the getaway car after a robbery is an accessory to the crime, even if he made no money himself.

It is prudent of all business owners to attempt to keep up with technology to prevent theft, but there is a still greater civic responsibility is on individuals not to commit theft in the first place. The consumer has the option not to buy something if he/she feels it is too expensive. Music on demand is a convenience, not a necessity, like air or water.

As the fraction of companies that produce software or digital content becomes an increasingly large part of the modern world's GDP, the prevention of theft of digital material will become increasingly important. The Pirate Bay founders, who set up their site years after Napster lost its own court battle in the US, should have known better.
14:53 May 14, 2012 by N18h7m4r3
@Reason and Realism

Putting this in short lets prosecute all those who sell weapons (legally) for the murders done by somebody else. They are also an accessory to that crime aren't they.

The list might very well include Google and other websites for the same reason as they can "help" one with all kinds of crime imaginable.
16:11 May 14, 2012 by Reason abd Realism
@ N18h7m4r3

The law of most lands is that it is legal to sell guns under the assumption that these will be used for hunting or target shooting, but it is illegal to murder people.

Likewise it is legal to have internet connections and computers for a variety of uses, but illegal to use these for the theft or illegal distribution of books, movies, or music, or to metaphorically 'drive the getaway car' by setting up a site expressely designed to allow thieves to exchange and distribute stolen goods on a massive international scale. Of course the individuals who distribute their music, movies and books are also guilty, just more difficult to catch.

Gun control is a controversial issue, and one could in fact blame governments for taking insufficient precautions with regard to gun sales or storage, but for whatever reasons governments have been far more firm with regard to the theft of digital material, and they have made that known to everyone.

In this case criminal intent was a key part of the judgement against Pirate Bay. Pirate Bay did not set up some site to rescue lost puppies, and then discover to their surprise that people were using it to steal digital content. They knew what they were doing, and went out of their way to try to place servers in locations where they could sidestep the law (such as areal devices), and so at the end of the day they are not innocent of violations under international trade treaties, even if they are heros among many consumers of digital media.
03:19 May 15, 2012 by skumdum
Google provides the same service as the pirate bay, so wy aren't they on trial? Because Google is a multi billion dollar AMERICAN company.
09:39 May 15, 2012 by Reason abd Realism
@ skumdum

America brought Napster, an American company, to trial, and shut them down. The Pirate Bay was not only enabling the theft of American produced digital content, but also the digital content produced by artists in Sweden and 100 other nations. And it's not like the Pirate Bay was employing 100's of Swedes who all lost their jobs when the Pirate Bay was shut down, and even if that was the case, their jobs would have been illegitemate to begin with.

As far as I am aware Google does not maintain a public website where people from all around the world are invited to upload and download unlimited amounts of copyrighted digital content for free. Google has worked to create a digital library of books whose copyright has expired, but that is not illegal.

If Google or Yahoo do have sites that enable people to upload content for the whole world to download, then they have an obligation to withdraw copyrighted material. YouTube must operate under similar legal restrictions.
Today's headlines
Donald Duck and Zlatan get Swedish votes
A political career for Zlatan? Some fans seem to want to see that. Photo: Peter Dejong/TT

Donald Duck and Zlatan get Swedish votes

The Bilderberg Group, the Satanic Initiative and Adolf Hitler all received votes in Sweden’s general election, according to a list released by the country’s electoral authority. READ  

Sport
Stockholm fails bid to host Euro 2020 games
The Swedish team in action. Photo: TT

Stockholm fails bid to host Euro 2020 games

Sweden's capital has missed out on a chance to host any Euro 2020 games, with Copenhagen the only Scandinavian city among the thirteen winning locations. READ  

Vicar: God rejects fans of women priests
Antje Jackelén, Archbishop of Uppsala, is the first woman to head the Swedish church. Photo: Stig-Åke Jönsson/TT

Vicar: God rejects fans of women priests

A Swedish priest has been fired after telling his congregation that people who support female priests would be rejected by God - despite the fact that his own church is led by a woman. READ  

Analysis
Women set to dominate top post-election jobs
Margot Wallström (right) could become Stefan Löfven's new Minister of Foreign Affairs. Photo: TT

Women set to dominate top post-election jobs

Sweden could soon get a female Foreign Minister, Fredrik Reinfeldt's ousted Moderate Party is preparing for its first woman leader and the grandmother of actor Hugh Grant's son is being tipped as Parliament's next Speaker. READ  

National
Sweden protests over Russian plane incursions
A Gripen plane was scrambled to see off the Russian planes. Photo: Johan Nilsson/TT

Sweden protests over Russian plane incursions

UPDATED: Sweden has summoned the Russian Ambassador for a dressing down after two Russian planes violated Swedish airspace last week. READ  

Elections 2014
'Good prospects' for Alliance co-operation

'Good prospects' for Alliance co-operation

UPDATED: Social Democrat leader Stefan Löfven says he is positive that his party can co-operate with the former governing Alliance on some issues. READ  

Lifestyle
Introducing...Astrid Lindgren
Pippi Longstocking comes to live at the Astrid Lindgren theme park. Photo: TT

Introducing...Astrid Lindgren

The creator of Pippi Longstocking, Astrid Lindgren, is the most translated author from Sweden, and has filled children's imaginations since the 1940s. The Local finds out why her work has become a timeless classic. READ  

Scotland Decides
Sweden welcomes Scotland's 'No' vote
No supporters celebrate victory in Glasgow. Photo: Matt Dunham/AP/TT.

Sweden welcomes Scotland's 'No' vote

Sweden’s outgoing foreign minister Carl Bildt has welcomed Scottish voters’ decision to reject independence from the UK in Thursday’s referendum. The pound rose against the krona following the result. READ  

National
'Sexsomnia' addict cleared of rape

'Sexsomnia' addict cleared of rape

A Swedish man who had sex with a woman while he was asleep has been acquitted of rape because he suffers from "sexsomnia". READ  

National
Russian jets spotted in Swedish airspace
Russian Su-24 medium-range bomber, known by Nato as 'Fencer,' flies at undisclosed location in Russia in 2002. File photo: AP

Russian jets spotted in Swedish airspace

UPDATED: Two Russian fighter jets violated Swedish airspace on Wednesday, prompting the government to request an urgent report from the Armed Forces. READ  

RECEIVE OUR NEWSLETTER AND ALERTS
The 'black gold' of Sweden's west coast.
National
West Sweden prepares for the 2014 lobster premiere
Society
What's on in Sweden
Politics
How Sweden Democrats went mainstream
Politics
Scandinavia and Scotland: closer links?
Gallery
Property of the week - Eskilstuna
Blog updates

19 September

Editor’s blog (The Local Sweden) »

"Happy Friday readers! It sure has been a exciting week in Sweden, where we’re set to get a new Prime Minister after Fredrik Reinfeldt stepped down following Sunday’s elections. The Local blogged live from the key political gatherings across Stockholm. Why not re-visit the action by taking a look at our photos, tweets, videos and analysis? Since the..." READ »

 

17 September

Deep election analysis (Blogweiser) »

"You think you’re bad? Well I’m American. http://www.youtube.com/watch?v=NFbomLID0vU Deep deep analysis on Swedish election results. Vlog post: https://t.co/tjQgfa5Yie #svpol #val2014 #politics pic.twitter.com/oEK5ADFT8L — Joel Sherwood (@joeldsherwood) September 17, 2014 " READ »

 
 
 
Sponsored Article
How to start a business in Stockholm
Society
How I became a surf blogger when I moved to Sweden
Gallery
People-watching: September 13th
Society
Why is Stockholm's Södermalm so cool?
Gallery
People-watching: September 11th
Gallery
People-watching: September 13th
Politics
Five possible election outcomes
Politics
Sweden elections: How do they work?
Politics
Sweden elections: Who's who?
Gallery
Property of the week - Hornstull, Stockholm
Analysis
Five differences between the UK and Sweden
Welshman Jonny Luck is now a chef in Sweden
Society
How I opened my own restaurant in Sweden's Malmö
Sponsored Article
Stockholm tech fest: relive the magic
Gallery
People-watching September 8th
Photo: TT
Politics
Feminists fight for first seats
Politics
Immigration cut push from Sweden Democrats
Sheryl Sandberg says women have "low expectations"
Tech
Facebook exec talks women's limits in Swedish business
Politics
Left Party calls for justice and equality
Politics
Green Party wants 'better world' for kids
Lifestyle
The five best Swedish songs of the month
Sponsored Article
Introducing… Insurance in Stockholm
Sponsored Article
Graduates: Insure your income in Sweden with AEA
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

877
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
If you want to drink, that’s your business.
If you want to stop, we can help.

Learn more about English-language Alcoholics Anonymous in Sweden. No dues. No fees. Confidentiality assured.
AA-EUROPE.ORG/SWEDEN