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Deutsch: Plattenfirmen setzen The Pirate Bay unter Druck
Macedonian: Издавачките куќи вршат притисок врз Pir...
The Swedish court has denied the request of four major record companies to
fine The Pirate Bay (TPB) for being still operational.
At the middle of May 2009, Universal, EMI, Sony and Warner asked the Swedish District Court to apply penalties to the operators of TPB for every day they continue to operate the site. The plaintiffs claimed TPB was an "infringing service" as they had been able to download through it 467 music albums to which they owned the copyright. They also asked that the four operators of TPB take measures so that the works for which they own the copyright could not be downloaded by Internet users via the site.
Moreover, the recording companies seem to have asked the ISP "Black Internet" to stop providing services to TPB. Additionally, they asked the court to apply the penalties even before the District Court ruled on it and without hearing the four defendants.
On 25 May 2009, the District Court denied the demands stating they wanted to hear the defendants first and gave the Pirate Bay operators a few weeks to state their position in the matter. The record companies were also given a week to decide whether they wanted to appeal the decision to the Court of Appeal.
"I don't think these are circumstances where the case must be tried immediately. Usually you get to make your statement before a demand like this is granted" said judge Caroline Hindmarsh who reviewed the demands and made the decision.
IT security expert André Rickardsson said to DN.se that the demand of the record companies was surprising. "Swedish law applies in Sweden and their Internet service isn't even in Sweden. I don't understand why the district court has anything to do with this. The Pirate Bay operates in countries where the activity is permitted," said the expert.
Peter Sunde, one of the defendants, has stated that the record companies have never asked TPB to remove any of the torrents the plaintiffs refer to in their request to the District Court and accused the record companies of being more interested in money and power than in the artists they should represent.
In the meantime, TPB is searching for unbiased judges after they filed, along with the appeal to the High Court of Justice, accusations against Judge Tomas Norström for conflict of interest due to its membership with associations such as the Swedish Copyright Association.
Judge Ulrika Ihrfeldt was appointed to investigate the conflict of interest but, soon after that, the judge also revealed having been a member of the Swedish Copyright Association and was removed from the case. The next judge appointed to lead the investigation, Anders Eka, appears to be connected to the Stockholm Center for Commercial Law, where lawyers Monique Wadsted and Peter Danowsky representing the record companies in TPB trial also are involved.
Although Eka said he had no personal relationships with the plaintiffs' lawyers and that he had no background in copyright law, he acknowledged however he might be suspected for potential bias.
Court President Fredrik Wersäll Wersäll stated that the investigation of Norström's potential conflict of interest would be finished in a few weeks. If Norström is found biased, the case will be sent back to the District Court. In case the judge is cleared of the accusation, the High Court of Justice will deal with the main appeal of the verdict and decide on whether to hold a new trial.
Pirate Bay Money Squeeze Rejected by Court (25.05.2009)
http://torrentfreak.com/pirate-bay-money-squeeze-rejected-by-court-090...
Pirate Bay: In search of an unbiased judge (23.05.2009)
http://news.cnet.com/8301-13578_3-10248264-38.html?tag=mncol;title
Record Labels Increase Legal Pressure on Pirate Bay (19.05.2009)
http://torrentfreak.com/record-labels-increase-legal-pressure-on-pirat...
Court rejects lawyers' call to gag Pirates (25.05.2009)
http://www.thelocal.se/19656/20090525/
EDRi-gram: The Pirate Bay asks for retrial claiming conflict of interest
(6.05.2009)
http://www.edri.org/edri-gram/number7.9/pirate-bay-mistrial