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Jail terms more likely after Pirate Bay: expert

TT/The Local/pvs · 3 Dec 2010, 10:44

Published: 03 Dec 2010 10:44 GMT+01:00

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The crime of file sharing is currently punished by fines or conditional sentences according to Swedish law, but the court ruling could lead to prosecutors calling for more prison time in copyright cases, according to Henrik Rasmusson, a senior public prosecutor, to Sveriges Radio's P3 news programme.

"The is relatively little precedent when it comes to illegal file sharing, but generally within copyright law there is a slew of judgements regarding conditional sentences."

The court stated in its ruling that file sharing has become a serious society problem and that could impact punishment, Rasmusson said.

"If we have more cases of unlawful file sharing then we will start to reason in the same way that it is a serious societal problem and thus should more often receive a prison sentence."

The court of appeal in November confirmed the sentences of three men behind the popular file sharing website The Pirate Bay.

Fredrik Neij was sentenced to 10 months in prison, Peter Sunde to eight months and financial banker Carl Lundström to four months. A fourth man, Gottfrid Svartholm Varg was absent due to illness and will have his case considered at a later date.

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In addition, the court of appeal increased the compensation the defendants are required to pay up to 46 million kronor ($6.57 million). Lawyers for the entertainment industry had requested damages of 120 million kronor.

Lawyers for the three men are preparing an appeal of the ruling and legal experts expect the Swedish Supreme Court to take up the case.

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

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Your comments about this article

11:26 December 3, 2010 by eppie
Come on Sweden, you just found out through wikileaks that the US has deceived you regarding the SAAB planes, why would you continue helping their record companies now?
11:27 December 3, 2010 by Kalyissa
pirate party please?
11:52 December 3, 2010 by mysticbumwipe
Which do we prefer?

1. "Possession is nine-tenths of the law."


2. "all possession is theft"

1. Possession is nine-tenths of the law:

Gradually common law evolved to include modern limitation dates set by statute (Sandra Petersson, 1992, "Something for Nothing: The Law of Adverse Possession in Alberta" Alberta Law Review, p. 1291).

In order for a claim of adverse possession to succeed, there are three elements that must be met:

* physical possession, which must be actual, visible, notorious (known), and exclusive;

* hostile possession (i.e., adverse to the interests of the true owner); and

* continuous possession for a certain period of time as established by the statutes of limitations which differ from jurisdiction to jurisdiction.

2. Non-possession:

Possession denotes the de facto claim on another entity based on exclusive access. If access is non-exclusive of some entity, then the object in question is not being possessed.

The concepts of possession and ownership often overlap, but are not the same. Ownership takes into account the entitlement to priority of access, which are necessarily based on agreements and other mutually consenting social protocols.
12:59 December 3, 2010 by Spit74
I know I'm being very simplistic, but isn't "file sharing" just a modern version of what we all did in the 70s and 80s: taping an LP and giving a copy to a friend?

We all know this was illegal but who can honestly say that they haven't either made or received a cassette like this from their friends?

Obviously this is now on a larger scale and is a lot more visible.

Of course, no one buys LPs/ CDs or, even, DVDs anymore as all are available to download on the internet (legally).

So, is the multi billion home entertainment industry just a victim of progress?

14:01 December 3, 2010 by OnessOfMankind
There is absolutely nothing wrong with file sharing, imagine in future you have to pay for each and every file online, even bill gate cant afford that, that is stupid...

there should always be file sharing.

And a million pirate bay if one closes another opens...
23:48 December 3, 2010 by DAVID T
great - lock them all up and throw away the key theft is theft is theft
14:09 December 4, 2010 by eZee.se
Rape is ok, file sharing is not - thats the message Sweden is trying to send their youth after a lot of prodding from foreign (entertainment) lobbying and TPB (sham)trials.

Rape a preteen, or a couple of them and you get fines upto 600 times less than what TPB operators have been slammed with, and for what? Not even sharing files, but to share .torrent files - NONE of the files reside on the servers itself.

Have a huge stash of child porn and you would still get a lower fine and sentence than what was given to TPB............ WHY?

Just because the abused women and kids cannot afford expensive lobbyists?

File sharing is just technology flowing, its happened in the past... but do you see wailing and weeping for the poor people who lost their buggies when the modern automobile came? what about factory workers who lost their jobs to robots in auto factories? Ice warehouses (and workers) before the invention of the refrigerator ?

Guess they couldnt afford good lobbyists either and couldnt afford to bribe the right people at the right time.

What file sharing DOES do is take a whack at the artificial inflated prices of certain companies who have grown accustomed to screwing the artists and the public for decades via price gauging, unfair contracts, copyright extensions, dodgy "hollywood accounting" etc

A few notable links:



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