15-year-old Swede beats filesharing charges
Published: 30 Aug 11 17:49 CET | Print version
Online: http://www.thelocal.se/35856/20110830/
A 15-year-old boy who had been reported to police by his school for violating Sweden's copyright laws was acquitted by the Gothenburg District Court on Tuesday in what prosecutors called an “absurd” ruling.
- 15-year-old Swede faces filesharing charges (24 Aug 11)
He was considered to be the youngest person ever to be put on trial in Sweden for filesharing crimes.
The boy was reported to police by his school principal after the school's IT department discovered the downloaded films on his computer.
They made the find after having identified the boy's computer as the source of a virus that had infected the school's computer system.
While he admitted to downloading the films, the 15-year-old claimed he was unaware that his actions were criminal.
Two lay judges who heard the case believed the boy's defence, while the head judge and another lay judge were in favour of a conviction, the Göteborgs-Posten (GP) reported.
However, the split among the judges was sufficient for an acquittal.
Ahead of the trial, prosecutor Fredrik Ingblad told The Local he was confident the boy would be convicted. Following the court's ruling, however, he vowed to appeal the non-guilty verdict.
“I can't do anything other than appeal. This is an absurd ruling, quite simply,” he told the TT news agency.
The trial, which gained wide attention in the Swedish press because of the defendant's young age, was also watched closely by the Pirate Party, a political party which wants to see reforms of copyright laws.
“I can only imagine how it must feel to be a 15-year-old who is dragged into court for doing one of the greatest things one can do, sharing culture,” Pirate Party leader Anna Troberg said in a statement.
What do you think? Leave your comment below.
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"Absurd" indeed. I wonder what might be driving prosecutor Fredrik Ingblad to go to such lengths to stick a criminal record and criminal punishment on a naughty schoolboy? He couldn't possibly be influenced by something more sinister than his own burning desire for justice against children. Surely not! Perhaps the Local might give him an opprtunity to explain why he's pursuing a child though the appeal courts, next time they speak with him. I smell a much better story in the answer to that question. Go Local, go.
Why is there an even number of judges on the bench? Is it because sweden wants 3/4 of a pannel to rule guilty as a tie would go to the defendent?
How in the world can a prosecutor appeal a non-guilty verdict? Are there no double jeopardy laws in Sweden? Not-quilty means not-guilty whether it was the right verdict or not. I could understand if he was found innocent of criminal charges and they wanted to pursue the case through tort law and sue for damages.
I guess there is no such thing as a jury of your fellow citizens either.
Interesting. Frightingly interesting.
Double jeopardy in Sweden only applies after the defendent has been acquitted in the highest court. Otherwise, the case is still considered to be open.
A jury is in Sweden only used in cases that involve freedom of speech.
Do you think it is possible for peeps to stop talking about 15 yr olds as though they were 'children?' This guy's defense was that he was 'unaware his actions were criminal'. Has he never seen a rented dvd - with all the 'Piracy is a crime' announcement? Has he never facebooked, twittered or even gone peer to peer online?
Respectfully, to say he was 'unaware it was criminal' is like saying he doesn't know where the on/off switch is on his pc.
I am not here concerned with the rights and wrongs of the prosecution, but simply concerned with the acceptance in a court that a 15 year old is 'unaware'. If there is 1 thing of which I am very sure, young peeps today are very connected and street-wise.
Prosecutor Fredrik Ingblad told The Local that he was confident the boy would be convicted.
Well, well, but of course. The boy is not his son.
"I can't do anything other than appeal. This is an absurd ruling, quite simply," he told the TT news agency.
How is it possible that individuals like him exists in the judicial "system" of Sweden?
The boy might be or might not be guilty, The way his case has been handled is what is, in my opinion, wrong.
Well, okay then...just don't let it happen again.
hehehehe :-)
u c it's quite clear that it's not the perps fault if the system has failed to communicate that a thing is unlawful........... in fact, we live in a world where personal responsibility has almost disappeared into the mythology of human rights. It's always and in all ways, someone else's fault!
#JLB
respectfully, I would want my own son to have sufficient sense of self-worth as to be able to accept the responsibility of his actions. If I always carry the can for him he never gets a sense of how heavy the can is, huh?