Published: 24 Sep 09 13:39 CET | Print version
Online: http://www.thelocal.se/22270/20090924/
Two of the three judges in the Pirate Bay case are biased, according to the defence counsel, Per E. Samuelsson.
What do you think? Leave your comment below.
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After the last trial, it is screwed up that they are not only repeating the same mistake, but doubling the numbers.
This is starting to look more and more like a fixed show trial, instead of a court of law.
I know the guys from Pirate Bay broke the law. That is obvious. However fixing the judges on the case, reeks of something very bad in the background.
Judges should not be allowed to be members of any sort of organisation. They not only have to be completely independant, but have to be seen to be independant.
I am so much lookimg forward to being enlightened.
Besides, the implication of biased judges goes beyond this case. It, as the OP said, would discredit the Swedish judiciary.
And I don't think its all that clear that they have broken the law. After all, they didn't provide any illegal content themselves, they just pointed to it. Not all so dissimilar to Google.
If someone asks me where they can find some cocaine and I say "Try 4th Avenue", am I breaking the law?
If i were to copy the entire TPB's .torrent files onto a flash drive and carry it around in my pocket (its do able, you can actually get a copy of TPB as a torrent from... TPB) it would be legal, if i gave these .torrent files to people it still would be legal because .torrent files are just hashes (read up on them in wikipedia).
On the other hand if i were to take these .torrent files, put them in a client like utorrent and then download the resulting file AND if the resulting file was a copyrighted file i would be breaking civil law.
Think if it like this, the .torrent files are bullets and pretty harmless by themselves (like i said, its an example), but put them in a gun and then fire them at people and you have something completely different, but do you go suing the people who make the bullets or the person who did the firing and killing for breaking the law?
As for the continued bias with the judges, one after another, i dont want to say this is a show trial... but the constant kangaroos jumping around kind of makes this a kangaroo court and total hypocrisy of the Swedish justice system.
Rape is fine, counterfeiting money is fine, pimping is fine, prostitution is fine... file sharing is a big NO-NO and likely to get you the stiffest punishments.
What and effing joke.
I agree with you.
My personal opinion is that they have facilitated breaking the law, but so has every single search engine on the internet. As has been pointed out, no one is suing Microsoft for having Bing, google or any other search engine, which is hypocrisy.
If the case is to stand, google, microsoft and all other search engines, have to have all employees tried, found guilty, then jailed, in Swedish courts. That would jail tens of thousands of IT workers, all in Sweden.
I am angry about this is because the people involved obviously did not get a fair trail due to a compromised judge.
If a judge is part of an organisation that has a vested interest in any capacity in the outcome of a particular case or judgements regarding particular types of legal proceedings. Then the impartiality of the judge is compromised.
The most important thing in this case, is not the people being tried or if they are right or wrong in there actions, but if they are getting a fair trial.
As the judges are members of organisations with a vested interest in a particular trial outcome, the trial breaches all established international norms for a fair trial, particularly European norms for a fair trial.
If the Pirate Bay people are found guilty by such judges, then they have a basis to take there case to the European Court of Justice and to the European Court of Human Rights.
The fact that rapists are practically treated with kid gloves, yet someone who downloads is treated worse than a murderer, does clearly show the Swedish legal system needs to be completely taken apart and rebuilt.
Judges should not be allowed to be members of any organisations as it will potentially compromise them. That is the only way for judges to be impartial. They have high salaries which should compensate them for that.
Maybe if the prices of CD's, Movie tickets, etc... would drop fewer people would pirate.
you sound like an intern at SFIR or SFU.
google=bing=yahoo=pirates bay
As anywhere, Swedish justice and of course the Swedish police are bitches.
Unfortunately I have a little experience with both, especially at "inlandet".
Nobody here is interested into the Law.
Discrimination, Nazister andRacism are total normally around here.
Nobody cares as long as "business" and money goes well.
The reason ist simple:
Everybody know everybody.
And the "jämtelagen" do the rest.
Its a shame.
The power of the big entertainment moguls and the lengths that they are prepared to go to to maintain their grip on what people can hear, see or read is at the heart of this whole case.