• Sweden's news in English

Showbiz lawyers push to have Pirates gagged

David Landes · 19 May 2009, 15:29

Published: 19 May 2009 15:29 GMT+02:00

Facebook Twitter Google+ reddit

Last week, the Danowsky Partners law firm filed documents with the Stockholm District Court on behalf of the Swedish affiliates of the Universal, EMI, Sony and Warner record companies urging the court to start fining Fredrik Neij, Gottfrid Svartholm Warg and Peter Sunde if The Pirate Bay site isn’t taken offline.

Also named in the motion was Black Internet AB, the website hosting company cited in the document as providing The Pirate Bay’s internet services.

The filing also requests that the fines apply even before the District Court rules on the request and that Neij, Svartholm Warg, and Sunde be barred from speaking out on the matter until the case has had a final verdict in the Swedish court system.

When contacted by The Local for further comment, Olof Roos, an attorney with Danowsky Partners handling the case, refused to elaborate on the filing.

“All I’m going to say is that I have no comment,” he told The Local.

The motion refers to The Pirate Bay as an “Infringement Service” (Intrångstjänsten) which allows people to unlawfully access copyright protected material belonging to the companies.

The same court previously convicted three individuals named in the motion, along with a fourth man, Carl Lundström, for being accessories to copyright infringement, sentencing them to one year in prison and ordering them to pay a damages claim of 30 million kronor ($3.56 million).

“Despite the outcome of the criminal case, the Infringement Service continues to be accessible via the internet, which continually causes harm to [the record companies] (and their rights holders),” reads the motion.

The four men convicted in the case have since filed an appeal, and on Tuesday it was revealed that the judge who will be hearing the case, Ulrika Ihrfelt, had previously been a member of the Swedish Copyright Association (Svenska Föreningen för Upphovsrätt).

Membership in the same association in part led to bias allegations to be raised against Tomas Norström, the judge who heard the case in the District Court.

André Rickardsson, an expert in IT-security, told the Dagens Nyheter (DN) newspaper he was surprised the record companies have requested the The Pirate Bay operators be fined.

Story continues below…

“Swedish law applies in Sweden, their internet service isn’t in Sweden. I don’t understand why the Swedish district court has anything to do with this. The Pirate Bay operates in countries where the activity is permitted,” he told DN.

“They’re reacting like bulls in a china shop and aren’t going to generate any sympathy in the matter.”

David Landes (david.landes@thelocal.se)

Facebook Twitter Google+ reddit

Your comments about this article

17:47 May 19, 2009 by lolly
My goodness, how arrogant of the american countries to try and restrict free speech... in another country!
18:46 May 19, 2009 by Nayya
Those companies are panicking cause they know they will lose with a fair and objective retrial..
19:33 May 19, 2009 by freethinker
What arogance, they want fines applied before the District Court hears the matter? I hope the pethetic mewling of those companies fall upon deaf ears in Sweden.
20:26 May 19, 2009 by Russ Cobleigh
as an American living in Sweden, I find this repulsive, especially since the judge in the case was/is bias!
00:11 May 20, 2009 by eZee.se
Dont get mad.... get even!

PiratParty 2009! Vote early from 20th May!
08:04 May 20, 2009 by christo
this is sweden not america. so americans let sweden do its part, then u do ures in ure country
08:12 May 20, 2009 by freethinker
Well there's some advice...lol Actually this is probably the best thing that could happen. The PiratParty can't buy this kind of publicity. This is awesome!!!!
08:21 May 20, 2009 by Inletwatcher
Very true, PB is sitting in Sweden... or is it? lol. Problem is that what they are doing over here, is affecting the lining of the pockets of hard working folks in USA. If you think of the years of dedication folks take to make a movie, game, music...just to have someone 'steal' it and not give anything in return. I am not saying I don't have any burned music. I think most people do have something burned in their collection, by which the artist was not compenstated for their work.

08:58 May 20, 2009 by Jamtjim
I think you missed the point somewhat Inletwatcher. The issue here is that the US music industry is trying to stop free discussion in another country simply because they dont like whats being said. In addition they are trying to but a website out of business dispite an appeal taking place against an unjust conviction that they successfully misled and cheated the Swedish legal system in order to gain.

If this is allowed to happen what follows? I'll be gagged from saying "Brittany Spears is crap" because by doing so I may turn someone off buying her CDs and thus dent their profits.

I hope that for once the swedish legal system grows a pair and tells the yanks where to stick their petition. Sadly I suspect that the company man which is swedish law will simply bend over and take a good ole american shafting...
09:34 May 20, 2009 by Inletwatcher
Humm I must of misread something...

Last week, the Danowsky Partners law firm filed documents with the Stockholm District Court on behalf of the Swedish affiliates of the Universal, EMI, Sony and Warner record companies urging the court to start fining Fredrik Neij, Gottfrid Svartholm Warg and Peter Sunde if The Pirate Bay site isn't taken offline.

Not that it matters, but this is what I based my earlier post on.

09:57 May 20, 2009 by Britswedeguy
I hope that when it's election time Swedish voters remember that the Moderaterna sold them out to US Big Business.
10:05 May 20, 2009 by krow
So to spend time in jail and pay huge money back is not enough. They should come and send them to Guantánamo Bay. Idiots
10:09 May 20, 2009 by Jamtjim
Thanks for your reasoned and helpful approach to a serious issue there Krow.
15:36 May 20, 2009 by KnowledgeIsPower
This is outrageous, not only was the original sentencing judge a member of the SCA, the appealing judge is a former member. Are there any officials in power whose allegiance hasn't been purchased by American production companies?

But worst of all, the production companies are trying to hush these atrocities under a gag order! Not only are people being considered criminals under laws which at best have debatable legitimacy, they are also being slowly condemned to silence against this injustice.
17:14 May 20, 2009 by Puffin
It will be interesting if the Pirat party get European parliament seats
23:26 May 21, 2009 by DAVID T
Most of these posts are saying it's ok to steal. Theft is theft - i really hope the courts go after private individuals. If you went to a record store and got caught stealing CD's you would expect to be punished right? What's the difference with downloading? Just because you stole the music sitting at home doesn't make it any less of a crime.
00:36 May 22, 2009 by Dagem Hailemariam
Inletwatcher...WHAT???? "...the years of dedication..." Most of Hollywood now-a-days is just recycled scripts...same storylines different character names...same with the big-time music being pumped out, selling kids on an image that parents cannot keep up with! For real stop pitying this garbage!

00:56 May 22, 2009 by Jakub72

As it has been beatin to death here, copyright infringment is not the same as stealing. I wouldn't buy any of the worthless crap I have downloaded over the years, so therefore these evil empires would never see a dime from me anyway. Is it wrong in the eyes of the law? Sure, it is. Do I actually care of give a ? Nope. I remember buying CDs in the early 90's for $15 a pop, back then it actually cost money to stamp one out. Today it cost pennies to stamp out the same thing, nice profit margins. Maybe they should refocus their expenditures on new technologies and not lawyers. These worthless companies should take note of the following industries that are getting hammered by new technologies; NEWSPAPERS AND THE USPS.

...i still use iTunes for music downloads when I want some thing to listen to that doesn't suck, for movies....I just gave up. All the good movies are free on TV anyway.

They only keep proving that they are scared shitless, narrow minded money grubbing whores. They deserve everything they get.....
06:55 May 22, 2009 by freethinker
Just wait til Pirat Party gets EU seats..you'll see those greedy money grubbing buggers go bonkers then...
20:29 May 24, 2009 by usgepo
Content producers want stardom, celebrity status, make millions in endorsements, influence the world, and live the life, well get in line we all do!

It is not like the quality fo most of the content we are sold is good to begin with, they need peer to peer traffic, it is free advertising for the crap they push, if you really like something you go out and buy!

This is like prosecuting the postal service, there is a great deal of criminal activity via the post, however are they on trial here? they are a medium of communication nothing else.

I have friends working for studios in the US, whose executives deliberately leaked movies for download in various sites ahead of the release date, in order to create demand and gauge the traffic thus allowing them to decide if they will continue to invest on a potential dog of a show!

Get a life Mr.Studio GM! I wonder how much they spent on greasing the palms of the judges.
Today's headlines
Hundreds protest Swedish asylum laws
Around 1,000 people protested in Stockholm. Photo: Fredrik Persson/ TT

Hundreds of people on Saturday demonstrated in Stockholm and in many other parts of the country to protest Sweden’s tough new laws on asylum-seekers.

Dylan removes Nobel-mention from website
The American musician has more or less responded to the news with silence. Photo: Per Wahlberg

American singer-song writer Bob Dylan has removed any mention of him being named one of this year’s Nobel Prize laureates on his official website.

Refugee crisis
Asylum requests in Sweden down by 70 percent
Sweden's migration minister Morgan Johansson. Photo: Christine Olsson/TT

Sweden received 70 percent fewer requests for asylum in the period between January and September 2016 than it did during the same time last year, the country’s justice and migration minister Morgan Johansson has revealed.

The unique story of Stockholm's floating libraries
The Stockholm archipelago book boat. Photo: Roger Hill.

Writer Roger Hill details his journeys on the boats that carry books over Stockholm's waterways and to its most remote places.

Refugee crisis
Second Stockholm asylum centre fire in a week
The new incident follows a similar fire in Fagersjö last week (pictured). Photo: Johan Nilsson/TT

Police suspect arson in the blaze, as well as a similar incident which occurred last Sunday.

More misery for Ericsson as losses pile up
Ericsson interim CEO Jan Frykhammar presenting its third quarter results. Photo: Claudio Bresciani/TT

The bad news just keeps coming from the Swedish telecoms giant.

Facebook 'sorry' for removing Swedish cancer video
A computer displaying Facebook's landing page. Photo: Christine Olsson/TT

The social media giant had censored a video explaining how women should check for suspicious lumps in their breasts.

Watch this amazing footage of Sweden’s landscapes
A still from the aerial footage of Sweden. Photo: Nate Summer-Cook

The spectacular drone footage captures both Sweden's south and the opposite extreme, thousands of kilometres north.

Sweden could be allowed to keep border controls: EU
Police ID checks at Hyllie station in southern Sweden. Photo: Stig-Åke Jönsson/TT

Sweden could be allowed to keep ID controls on its border with Denmark beyond the current end date of November, following discussions among EU leaders in Brussels last night.

Why women in Sweden will work for free by November
File photo of a woman working in a Swedish office. Photo: Anders Willund/TT

A new study into the gender pay gap suggests Sweden still has some work to do.

Sponsored Article
This is Malmö: Football capital of Sweden
Fury at plans that 'threaten the IB's survival' in Sweden
Sponsored Article
Where is the Swedish music industry heading?
Here's where it could snow in central Sweden this weekend
Analysis & Opinion
Are we just going to let half the country die?
Blog updates

6 October

10 useful hjälpverb (The Swedish Teacher) »

"Hej! I think the so-called “hjalpverb” (auxiliary verbs in English) are a good way to get…" READ »


8 July

Editor’s blog, July 8th (The Local Sweden) »

"Hej readers, It has, as always, been a bizarre, serious and hilarious week in Sweden. You…" READ »

Sponsored Article
7 reasons you should join Sweden's 'a-kassa'
Angry elk chases Swede up a lamp post
Sponsored Article
Why you should 'grab a chair' on Stockholm's tech scene
The Local Voices
'Alienation in Sweden feels better: I find myself a stranger among scores of aliens'
People-watching: October 20th
The Local Voices
A layover at Qatar airport brought this Swedish-Kenyan couple together - now they're heading for marriage
Sponsored Article
Stockholm: creating solutions to global challenges
Swede punches clown that scared his grandmother
Sponsored Article
Swedish for programmers: 'It changed my life'
Fans throw flares and enter pitch in Swedish football riot
Could Swedish blood test solve 'Making a Murderer'?
Sponsored Article
Top 7 tips to help you learn Swedish
Property of the week: Linnéstaden, Gothenburg
Sponsored Article
How to vote absentee from abroad in the US elections
Swedish school to build gender neutral changing room
People-watching: October 14th-16th
Sponsored Article
'There was no future for me in Turkey'
Man in Sweden assaulted by clowns with broken bottle
Sponsored Article
‘Extremism can't be defeated on the battlefield alone’
Nobel Prize 2016: Literature
Sponsored Article
Stockholm: creating solutions to global challenges
Watch the man who discovered Bob Dylan react to his Nobel Prize win
Sponsored Article
Why you should 'grab a chair' on Stockholm's tech scene
Record numbers emigrating from Sweden
Sponsored Article
'There was no future for me in Turkey'
People-watching: October 12th
Sponsored Article
Where is the Swedish music industry heading?
The Local Voices
'Swedish startups should embrace newcomers' talents - there's nothing to fear'
Sponsored Article
Last chance to vote absentee in the US elections
How far right are the Sweden Democrats?
Property of the week: Triangeln, Malmö
Sweden unveils Europe's first elk hut
People-watching: October 7th-9th
The Local Voices
Syria's White Helmets: The Nobel Peace Prize would have meant a lot, but pulling a child from rubble is the greatest reward
Missing rune stone turns up in Sweden
Nobel Prize 2016: Chemistry
jobs available