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Supreme Court denies Pirate Bay right to appeal

TT/Rebecca Martin · 1 Feb 2012, 10:10

Published: 01 Feb 2012 10:10 GMT+01:00

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”This ruling is absurd. I am disappointed that the court is so uninterested to dissect and look through all the legal comings and goings in one of the world's most watched court cases of all time,” said Carl Lundström's lawyer Per E Samuelsson to daily Dagens Nyheter (DN).

Lundström, along with Gottfrid Svartholm WargPeter Sunde and Fredrik Neij were convicted in April 2009 on charges of being accessories to copyright violations. they were sentenced to a year's imprisonment apiece and a combined fine of 30 million kronor ($4.4 million).

All four appealed their sentences, with the Svea Court of Appeal ruling in November to uphold the convictions, with the exception of Svartholm Warg who was absent due to illness.

The appeals court however reduced Lundström's sentence to four months and increased the damages to a total of 46 million kronor.

Since Svartholm Warg missed the hearing, the court never reviewed his case and as the time allowed for him to petition the court to hear his appeal expired, the original sentence handed down in 2009 has become legally binding.

It gained legal force in October last year.

The three remaining pirates then petitioned Sweden's Supreme Court for leave to appeal.

But on Wednesday, the court announced that the defendants' request had been denied and that the appeal's court sentence therefore will stand.

”A society ruled by law has now had its say and this is a breaking point in a drawn out discussion about copyright on the internet. The highest court has made it clear that anyone who takes any part in these crimes, even those who supply the internet connection, will have to face up to their responsibility,” said Henrik Pontén, legal counsel for Sweden's Anti-Piracy Bureau (Antipiratbyrån), in a statement.

Pontén flagged the imminent action against some 150 illegal file-sharing services with ties to Sweden.

”Legal action will be taken against anyone who contribute to these offences in any way,” said Pontén to TT.

Story continues below…

The sentenced pirates have requested that the Supreme Court would wait for a preliminary ruling but the court wrote in its ruling that ”there are no such doubts regarding the interpretation”.

”This was highly surprising from a legal aspect. Everyone knows how hard it is to be granted the leave to appeal in the Supreme Court. But if any case would get the leave to appeal, I would have said it was this case,” said Jonas Nilsson, lawyer for Fredrik Neij, told TT.

Founded in 2003, The Pirate Bay made it possible to skirt copyright fees and share music, film and computer game files using BitTorrent technology, or peer-to-peer links offered on the site. 

TT/Rebecca Martin (news@thelocal.se)

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Your comments about this article

12:29 February 1, 2012 by Coaxen
"A society ruled by law" ? More like a society ruled by corporations.
12:46 February 1, 2012 by hipersons1
I'm sorry, this is unclear. Were they looking to be acquitted based on the interpretation of the law, or were they looking for constitutional review, i.e. the court to rule on the constitutionality of the law?
12:51 February 1, 2012 by Åskar
Not unclear at all. The Swedish Supreme Court has nothing to do with the constitutionality of laws, only the interpretation.
13:43 February 1, 2012 by Reason abd Realism
@ Coaxen

If your paycheque is in any way related to the creation or distribution of original content in the information age, a business sector which is an increasingly large part of the world and Swedish economy, then you would applaud this ruling.
15:21 February 1, 2012 by Liquidmonkey
"a society ruled by law" that is written by rich corporations who don't care at all for the common person.

this is disgusting!!
18:25 February 1, 2012 by Ranger
The Swedish court system is Corrupt. That includes the city courts, the courts of appeal and the supreme court all filled with incompetent employees and criminals who take bribes and falsify documents. There is no true justice in sweden.
21:17 February 1, 2012 by grov_kvinnofridskrankning
yep sweden is more corrupt then the US. no doubt.
18:25 February 3, 2012 by Lotus2035
I'm assuming that all Pirate Bay users are unemployed right?

Because if they were employed, it would be beyond hypocritical for a Pirate Bay user to go to work and expect to get paid.

Or do they think that their time is more valuable than the time of others?

Not all of the content on Pirate Bay comes from huge faceless corporations.

This idea is simply a LIE that people knowingly tell themselves to justify their selfish behaviour.

What it really comes down to is the fact that with each generation we are sliding further into a welfare-state mindset were people think that they deserve everything WITHOUT MERIT.
07:46 February 6, 2012 by Reason abd Realism
Agree with Lotus2035.

In the information age, the buying and selling of digital information and creative content is an essential part of the economy. And in fact even big faceless corporations deserve to get compensated for the products they sell.

The Pirate Bay crowd mostly pretends to be against cencorship. When was the last time a Pirate Bay supporter posted a comment about Burma or the occupation of Tibet on a Swedish blog and had it removed by the Swedish government?

At the end of the day most of these Pirate Bay supporting adolescents (morally, if not also biologically) are simply and selfishling interested in acquiring movies, songs, books etc.. without paying for any of these.
14:10 February 6, 2012 by philster61
if these were Swedish women, then they would not just be acquitted but most likely praised for standing up to Male dominated corporate oppression........
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