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Prosecutor asks to keep Pirate Bay prison terms

TT/AFP/The Local · 12 Oct 2010, 17:07

Published: 12 Oct 2010 17:07 GMT+02:00

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Prosecutor Håkan Roswall said he finds no grounds to change the sentence, which he considers accurate and "extremely solid," during his summation at the Svea court of appeal on Tuesday.

A strong reason not to shorten the sentences is that Fredrik Neij, Gottfrid Svartholm Warg and Peter Sunde have continued working with The Pirate Bay even after the initial ruling last year.

The three men were "defying the law," Roswall said in his address to the Stockholm appeals court, which was broadcast live on Swedish public radio.

"The defendants have engaged in contempt of court," he said.

Roswall pointed out that the men intended to facilitate file sharing for the public the entire time.

"Three days after the police's major crackdown on The Pirate Bay, they resumed operations," said Roswall, who began his summation by saying that he did not have much to say because he is satisfied with the verdict.

In April 2009, the district court sided with the prosecution and sentenced Neij, Svartholm Warg, Sunde and site financier Carl Lundström to one year in prison each for abetting copyright infringement and ordered them to pay 30 million kronor ($3.6 million at the time) in compensation to the movie and recording industries.

All four defendants, who currently live overseas, have appealed the decision and vowed to wage a lengthy legal battle and take the case to the Supreme Court if necessary. They have demanded an acquittal on the charges.

During last year's trial, the defendants maintained that file sharing services can be used both legally and illegally. Earlier this month, Sunde said that The Pirate Bay is now so big that he fears for his creation and suggested that it should perhaps be killed off.

Roswall said they share everything in district court, but he has chosen to comment on new information that has arisen after the sentence. He asserted that a new hearing for Neij strengthened the evidence against him.

According to Roswall, Neij has provided information showing that The Pirate Bay has been accessible throughout the case.

Roswall repudiated Swedish businessman Lundström's assertion that he had nothing to do with The Pirate Bay.

"Lundström had a strong commitment. He participated in the planning and development of the site and acted as an adviser," he said.

Separately, record companies are asking for compensation for the harm The Pirate Bay has caused the industry, according to newspaper Svenska Dagbladet on Tuesday.

Story continues below…

The indictment involves 20 albums and three singles, several of which were available on the website before they could be legally downloaded on other sites. The district court ruled in favour of record companies, fining The Pirate Bay over 4 million kronor in damages.

However, record companies believe the damages should be higher than those specified in the district court's ruling.

Founded in 2003, The Pirate Bay, which claims to have more than 23 million users, makes it possible to skirt copyright fees and share music, film and computer game files using bit torrent technology, or peer-to-peer links offered on the site.

The appeals trial is set to wrap up Friday, with the verdict expected several weeks later.

TT/AFP/The Local (news@thelocal.se)

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Your comments about this article

23:33 October 12, 2010 by Liquidmonkey
this so called RE-TRIAL is just a total re-run of what was already said in the last one. does not even seem like TPB guys have a chance to testify at all.

and once again, the prosecution has shown literally NO EVIDENCE that these guys have anything to do with the site, or proof that 1 DL equals 1 lost sale.

one of the prosecution even stated "WE CANNOT PROVE THIS" today!!!!

nor does the prosecution even understand BT technology, who knows if the judge even gets it.

such a farce.

its simple,

LEGALLY, tpb does not host any files so therefore they DO NOT facilitate copyright infringement. its a search engine, just like any other.

but then the prosecutor won't go after google cause apparently google cooperates and takes things down BUT if its a trial about legality, then they should go after google, cooperation or not.

tomorrow should be interesting...but i smell another total BS guilty verdict from a group of people who don't understand the tech involved in the case.
23:57 October 12, 2010 by RememberAisha
They "demand" based on hearsay and what they "think" while showing no real evidence to the contrary except screenshots.

The IFPI love child porn (http://christianengstrom.wordpress.com/2010/04/27/ifpis-child-porn-strategy/) hence I think they are pedophiles... but if I "demanded" they be thrown in jail I would be laughed out of court... but these vultures get away with it.

Their screenshots are so laughable as evidence that there's already a "screenshot maker" online where you can create false screenshot exactly like the ones submitted as evidence:

00:38 October 13, 2010 by jdbpogo
a year in prison??? you don't even get that if you axe murder your family in sweden.
00:39 October 13, 2010 by ppaf
I think that this is the only current piece of news in TheLocal where there is still no offensive debates regarding religious belief...

...so disappointing... come on! at least one religious connection to this article...



02:09 October 13, 2010 by DAVID T
i hope their sentance and fine is increased
02:57 October 13, 2010 by eZee.se
@David T,

Keep hoping buddy!

While you are there you might as well hope that cassettes make a comeback...


...and this time when technology evolves the music industry evolves with it instead of watching it pass by and not do a single thing.

10 years after suing Napster these dinos have not learned anything at all.
08:35 October 13, 2010 by xguild
Well if it makes any difference I actually stopped using pirate bay and started using google to find torrents Im looking for, their search engine is cosinderably better and their is considerably more available in terms of pirated and copyrighted software, music and movies then their is on pirate bay. Pirate Bay may in fact go out of business just because they aren't keeping up with Googles functionality!
12:18 October 13, 2010 by Sam1
I love PB :-)
13:43 October 13, 2010 by eZee.se

Some of the founders themselves have admitted the pirate bay must die... its long outlived its usefullness and may actually be stagnating P2P tech growth because everyone knows they can visit the most famous torrent site in the world - no matter how many illegal raids corrupt governments make.

I love TPB and what it has stood for, but I would be one of the first to admit, their search function SUCKS.

I too use the granddaddy of search engines to find my torrents: Google (if I am not using a private tracker).

Google is awesome for p2p links! I love Google as much as I love a puppy or kitten!

Sometimes when searching via Google you can get a link to TPB but with Google's cache functionality there is no reason to even visit the actual pages on p2p sites.

Google is actually hosting the p2p links... just like TPB.

But the scum wont go after Google because Google can match them lawyer for lawyer, and dollar to million - they would rather go after acne teenagers, the sick, the dying, the unemployed, grandparents, the dead (no kidding, google it!) and even... printers!
14:36 October 13, 2010 by RememberAisha

Axe murdering a family is nothing... it only hurts a few people (the family and the people they knew) but mess with a multinational corporation who has for decades screwed the artists ,the public ,corrupted governments, bribed politicians,bought judges, made a mockery of the courts worldwide and paid to get their laws in place - then you are pushing things too far and have to be dealt with as harshly as possible.

Rape 5 people aged 14 to 32 and you get upto 16 months in jail while filesharing can get you up to 2 years in jail. Yep, totally fair... nothing to see here, move along now.
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