Trial Shows Pirate Bay's Crew Is All Hat and No Rum

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By Wired.com

Pirate Bay defendants during the trial: clockwise from top right, defendant Peter Sunde; Sunde and co-defendant Frederik Neij at lunch with a documentary film maker; Neij with the Pirate Bureau's Tobias Andersson; Sunde, defendant Gottfrid Svartholm Warg (center) and Neij relax outside the courtroom.
We'll admit we never fully got the morality of The Pirate Bay's founding ethos, but we were always grateful that abandoned chunks of culture like The Star Wars Holiday Special found a home there, and the site's popularly with otherwise law-abiding consumers is a vivid reminder of how thoroughly Hollywood botched the internet age. With Sweden's Pirate Party enjoying enough youth support to make it a political contender, we were interested to see where this movement would go.

But with the first show trial of the movement over, The Pirate Bay is revealed as an empty vessel -- a rudderless ghost ship navigating without a guiding principle; existing for no other reason than because it can.

For years, the three men behind The Pirate Bay have defended internet piracy with a jaunty swagger that made them appear untouchable, thumbing their nose at corporate lawyers while captaining the most notorious file sharing site on the internet.

"We see it as our duty to spread culture and media," co-founder Peter Sunde told us in 2006. "Technology is just a means to doing that."
When Swedish authorities raided The Pirate Bay and its servers in 2006 -- paving the way for ongoing criminal trial that ended Tuesday -- the pirates were unbowed, quickly resurrecting the site and setting their reverse-DNS to read:

"hey.mpaa.and.apb.bite.my.shiny.metal.***.thepiratebay.org."

"Even though no one spreads more culture than we do, it is the film and music-mob that are trying to close us down," co-founder Fredrik Neij said, in a speech outside Swedish Parliament after the raid. "This time we're firing with the big cannons and saying, 'In your face, Hollywood!'"

But all that swagger evaporated like salt water on a beached schooner once The Pirate Bay landed on the witness stand in Stockholm, Sweden, where the three admitted founders -- and a fourth man accused of financing them -- face up to two years in prison each on allegations of facilitating copyright infringement. The trial wrapped up Tuesday, and a verdict is expected in April.

In the courtroom, the defendants quickly abandoned their revolutionary, free-culture ideals in favor of the simpler philosophy embraced by criminal defendants since time immemorial: I'm Not Responsible.

Defendant Peter Sunde, The Pirate Bay's most public face, testified that he was "only" a spokesman who never actively participated in running the site. The prosecution produced evidence to the contrary, but nothing so damning in our eyes as Sunde's self-portrait as a stuffed-shirt spouting defiant talking points that he didn't believe.

For his part, Neij cast himself as a harried system administrator, concerned only with the technical challenge of keeping an enormously popular site running smoothly.

And when Gottfrid Svartholm Warg was confronted with his once-endearing habit of publicly ridiculing copyright owners foolish enough to send a takedown notice to Pirate Bay, you could hear the back-pedaling from across the Atlantic. "They still don't understand that they have to write to the persons who share the material, not us," he said.

It was a theme that echoed through the defense: Don't prosecute us, prosecute our 22 million users. They're the crooks!

As for Neij's electrifying 2006 speech? He explained in court that he just read a piece of paper thrust in front of him by the Pirate Bureau, the Swedish open-culture activist party who help start The Pirate Bay five years ago. He didn't mean it.
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They're simply adopting the easiest legal defense: we don't have any copyrighted materials on our site.

I've read some articles about this trial, and the Pirate Bay people are almost certain not to get any jail time or significant fines. After the first few days of the trial, the prosecution dropped half the charges...the ones that carried jail time. Basically because they knew they couldn't win.

The Swedish legal system has three tiers. The first one is basically a city-level court, then something like a county-level court and finally a Supreme Court. Each higher tier has more experienced judges. It's possible that they will be found guilty in the lowest level, but they would then immediately appeal it up to the next level. From what I've read, it's virtually certain that such an appeal would be upheld and the lower court decision (if it were a guilty verdict) would be overturned.

Not that I think these guys have some brilliant philosophy. But how they're handling their case is smart, not frightened (as the Wired columnist seems to be trying to cast it).
 
What I find is amazing is that the very groups that are suing them, could be making a hell of a lot more money if they would just use digitial distribution instead of their current model. They talk about losing money due to pirates. They would not be losing so much if they had a digitial distribution pipe and gave folks an easy way to purchase their product.
 
What I find is amazing is that the very groups that are suing them, could be making a hell of a lot more money if they would just use digitial distribution instead of their current model. They talk about losing money due to pirates. They would not be losing so much if they had a digitial distribution pipe and gave folks an easy way to purchase their product.

agreed. The way I see it, this whole piracy thing isn't some ideological thing, it's just a bitchslap to an outdated business model. For example, I used to illegally download episodes of the Daily Show fairly regularly. Then, they finally put them online for free, put in a few ads, and now they're getting revenue out of me. Everyone wins. The sooner all sporting events, movies, TV, etc. are available on demand online supported through commercials the better.
 
What I find is amazing is that the very groups that are suing them, could be making a hell of a lot more money if they would just use digitial distribution instead of their current model. They talk about losing money due to pirates. They would not be losing so much if they had a digitial distribution pipe and gave folks an easy way to purchase their product.

agreed. The way I see it, this whole piracy thing isn't some ideological thing, it's just a bitchslap to an outdated business model. For example, I used to illegally download episodes of the Daily Show fairly regularly. Then, they finally put them online for free, put in a few ads, and now they're getting revenue out of me. Everyone wins. The sooner all sporting events, movies, TV, etc. are available on demand online supported through commercials the better.

I am not sure they will be making too much money selling their products online, the ads are the way to go, IMO. Similar to the Google model.
 
The Pirate Bay Guilty; Jail for File-Sharing Foursome

Four men connected to The Pirate Bay, the world's most notorious file sharing site, were convicted by a Swedish court Friday of contributory copyright infringement, and each sentenced to a year in prison.

Pirate Bay administrators Fredrik Neij, Gottfrid Svartholm Warg and Peter Sunde were found guilty in the case, along with Carl Lundström, who was accused of funding the five-year-old operation.

In addition to jail time, the defendants were ordered to pay damages of 30 million kronor ($3.6 million) to a handful of entertainment companies, including Sony Music Entertainment, Warner Bros, EMI and Columbia Pictures, for the infringement of 33 specific movie and music properties tracked by industry investigators.

Sunde, The Pirate Bay's spokesman, announced the news over Twitter Friday morning before the verdict was official. He remained defiant, and offered comfort to supporters. "Stay calm — Nothing will happen to TPB, us personally or file sharing whatsoever. This is just a theater for the media."

The two-week trial, which ended March 2, was a joint civil and criminal proceeding that pitted the entertainment industry and the government against the four defendants, who each faced up to two years in prison. In addition, motion picture and record companies sought $13 million in damages for the 33 movies and music tracks at issue.

The verdicts are a significant symbolic victory for Hollywood, the record labels and the rest of the content industry that claims online piracy costs them billions of dollars in lost sales.

"The Pirate Bay has claimed all the time that their activities are legal," Henrik Pontén, a lawyer who represented the film and computer game companies in the trial, told the Swedish media. "Now that it has been proven illegal we presume that they will stop."

The Pirate Bay crew, though, has vowed to continue running the site whatever happens, and claims that it is secured from a forced shutdown through a network of distributed servers located outside Sweden.

For now, the attention brought by the highly-publicized trial has only made The Pirate Bay more popular. The site has swelled to some 22 million users. And thousands of Pirate Bay fans have flocked to sign up for its new $6 anonymization VPN service, which allows torrent feeders and seeders to conduct their business in private without leaving a trace of their internet IP addresses.

And since the trial began, membership in Sweden's copyright reform Pirate Party has grown 50 percent, while its youth affiliate is now the second largest in Sweden.

Even if The Pirate Bay is ultimately shuttered, dozens of other illicit BiTtorrent tracking services are easily accessible.

The defendants are expected to appeal, and they remain free pending further proceedings.

The defense largely hinged on an architectural point. Because of the way BitTorrent works, pirated material was neither stored on, nor passed through, The Pirate Bay's servers. Instead the site merely provided an index of torrent files — some on its servers, some elsewhere — that direct a user's client software to the content.

But prosecutor Håkan Roswall argued successfully that the defendants were culpable anyway, citing past prosecutions of criminal accomplices. In a Swedish Supreme Court decision from 1963, he noted, a defendant who held a friend's coat while the friend beat someone up was considered culpable.

The verdict could shatter Sweden's reputation as a safe haven for content piracy, coming just weeks after a new law that took effect that allows content owners to force internet service providers to reveal subscriber data in piracy investigations.

But supporters of copyright reform hope that the trial will energize Swedish youth.

One minute after the judgment was public Friday, Sweden's Pirate Party issued a press release claiming: "The verdict is our ticket to the EU Parliament," referring to the election that takes place in the beginning of June.

The party's top candidate, Christian Engström, comments: "Sweden has now outlawed one of our most successful ambassadors. We have long been a leading IT nation but with these kind of actions we will be left behind and become dependent on other nations' arbitrary views".

Reached by e-mail after the verdict, defendant Gottfrid Svartholm Warg's sole comment was: "Like a dog!" — the condemned Josef K's final words in Franz Kafka's The Trial.

In a web-only press conference held two hours after the verdict, Sunde was more upbeat, invoking Hollywood in explaining why he still believes The Pirate Bay's crew will ultimately prevail.

"We see this as a film," he said. "This is the first set-back for the heroes. ... In the end we know that the good guys will win, as in all movies."
 
Jail is the sentence in the lowest court system. It will be appealed up the chain. I think there's very little chance of jail time being upheld. But pretty surprising that even the lowest court decided on jail, considering the prosecution dropped half their charges, the most severe, after day 1.
 
Does anyone know what will happen to piratebay.org as a whole?

I am not sure how accurate this is, but apparently nothing will happen.

Wired.com: What would a conviction mean for The Pirate Bay?

Rydell: Probably nothing, since the servers are not located in Sweden. I actually think this a win-win situation for The Pirate Bay. If they're convicted, they'll be martyrs and the "piracy" movement will continue working for what they believe in, even more strongly. If they win, the signal to the public is that file sharing isn't illegal and The Pirate Bay will basically have achieved its goal. On a personal level, of course, they can lose and be in debt for the rest of their lives.

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This court decision as it is stated, is dangerous. Basically by this ruling, all web search engines are also guilty of file sharing.
 
This court decision as it is stated, is dangerous. Basically by this ruling, all web search engines are also guilty of file sharing.

I guess by the Swedish Supreme Court if you have a coat in your hands you must be guilty. ;)

But prosecutor Håkan Roswall argued successfully that the defendants were culpable anyway, citing past prosecutions of criminal accomplices. In a Swedish Supreme Court decision from 1963, he noted, a defendant who held a friend's coat while the friend beat someone up was considered culpable.

Edit:

More on the subject.

Google (Unofficially) Becomes a Torrent Search Engine

One of the claims from those defending and supporting The Pirate Bay in the recent trial (but also other similar sites), is that the entertainment industry is suing something that’s not much different from a search engine. Using Google’s Custom Search Engine, someone has created a Google based torrent search engine.

The idea is not by any means new; you could do this before by using certain types of queries (simply adding “filetype:torrent” to your query works), but it’s a nice time to spotlight the fact that yes, you don’t really need sites like Mininova or The Pirate Bay to find torrents; you can simply use Google (Google reviews) which crawls thousands of torrent tracker sites, big and small, and get direct links to torrents. Want a screener of current hit, X-Men origins - Wolverine? Use this Google query and you’ve got it.

Is Google, then, the next in line to be sued for copyright infringement, or assisting in making copyright content available? If it weren’t too big to be sued, it probably would be.
 
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that was a nice article by wired, thanks for posting.

this is precisely like the Napster case from several years ago. by the time they got around to prosecuting Napster, it was peanuts compared to the million other ways to get music files.

now piratebay, while perhaps the torrent leader, is only one among hundreds of other torrent sites. it's kind of a joke and just shows even further how out of touch with reality these entities really are.
 
I can sympathize with Pirate Bay... they are being held responsible... but you could say their ISP... the computer makers... Cisco's switches... their parents =)... are also responsible. It is like holding the phone company responsible for drug deals made over the phone. Silly really.

Now on the same hand... I have never copied software or music illegally. As someone who has worked in book publishing and now for a software company... I have a great deal of respect for intellectual rights and wish that everyone would pay for what they should.

Here is a freaking sad thing though... the digital millennium copyright act makes it against the law to make a personal backup copy of a dvd you own (if you are bypassing encryption). For myself... I have a Windows Home Server, and would love to put my DVDs on there so I can play them all without finding the disks. I can't though... because courts has decided that is criminal. And oh... exporting your ITunes music to DVD as unencryped MP3s... that is bypassing encryption even though ITunes has support for it. Will they go after Apple? Of course not. People like Pirate Bay are easier targets.

I won't buy protected music anymore. I don't share the music with anyone... but at least I have flexiblity to move it around.

A repair shop was even sued for playing radios at work a few years ago.

http://news.bbc.co.uk/2/hi/uk_news/scotland/edinburgh_and_east/7029892.stm
 
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