(Dieser Artikel ist auch in deutscher Sprache verfügbar)
After the International Federation of the Phonographic Industry (IFPI) sued the PirateBay at the end of March 2008 demanding 1.6 million euro in damages as compensation for 24 albums, new elements have occurred forcing IFPI to limit its demands.
The Stockholm District Court indicted the four PirateBay founders (Svartholm Warg, Fredrik Neij, Peter Sunde, and Carl Lundström) for breaking copyright law. The fine to be paid by PirateBay was established according to the number of times the 24 albums were downloaded. Moreover, the companies demanded general compensation as no permission was given by the copyright owners for the downloading. "The damages now being demanded are based on the albums which the prosecutor has included in his indictment. The injury to the record companies, the artists, and the copyright holders caused by The PirateBay's illegal activity is many times greater," said Lars Gustafsson, head of the Swedish chapter of IFPI.
"Their numbers are pure fantasy" said Svartholm Warg who claimed the figures were based on multiplying the retail price for the album by the number of times it was downloaded.
Now IFPI has had to apologize to Max Peezay (whose given name is Tom Piha), a Swedish rap artist, for having included his album Discokommittén among the albums selected at random for the indictment against The PirateBay, without his permission. IFPI assumed that the rights to the album were owned by music distributor Bonnier Amigo, and therefore has not asked Piha if he wanted to be a party in the suit, while actually Piha owns the rights himself. The artist explained that his main revenues came from concerts rather than album sales and that free downloading was compensated by the fact that he got more fans from people discovering his music on the Internet.
As a result, IFPI reduced the level of compensation to be paid by PirateBay by 12 000 euro. However, Piha had to suffer from the process finding himself in the middle of this battle, being questioned by his fans and fellow artists. "I wish I hadn't landed in this situation. I can see now how easy it is to become a pawn in this game," said the artist who disagrees with IFPI's approach.
The trial date has not yet been set and in the meantime more artists might come forth in the support of PirateBay.
Another new element in this picture is the news that a Swedish policeman who helped in the investigation against The PirateBay is now working for Warners Brothers, a plaintiff in the pending court case. As reported by newspaper Sydsvenskan, the police officer got his job several months after the completion of the preliminary investigation and is now scheduled to appear as a witness in the trial.
"The question is how long this was under consideration. If it was under consideration at the time of the investigation then it is a scandal," said Peter Althin, a lawyer defending the PirateBay founders who also added that if it was found that the discussion between the police officer and Warner Brothers started before the end of the investigation, which took a year and a half, it was possible that the prosecution would have to forget about its findings and start again.
Max Peezay is a-Ok! (16.04.2008)
http://courtblog.thepiratebay.org/2008/04/16/max-peezay-is-a-ok/
Pirate Bay-probing cop on Warner Brothers payroll (18.04.2008)
http://www.theregister.co.uk/2008/04/18/pirate_bay_probing_cop_joins_w...
'Judicial scandal' in Pirate Bay case (18.04.2008)
http://www.thelocal.se/11188.html/
IFPI demands $2.5m in damages from The Pirate Bay(1.04.2008)
http://www.theregister.co.uk/2008/04/01/ifpi_wants_damages_from_pirate...
Music industry dealt Pirate Bay blow (16.04.2008)
http://www.thelocal.se/11144/20080416/
Record companies sue Pirate Bay four (31.03.2008)
http://www.thelocal.se/10818/20080331/