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4 "Pirate Bay" members recieve 1 year in prison.
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Sage Francis
Self Fighteous


Joined: 30 Jun 2002
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4 "Pirate Bay" members recieve 1 year in prison.  Reply with quote  

Pirate Bay four jailed for breaking copyright in Swedish file-sharing trial

The founders of file-sharing website The Pirate Bay have been sentenced to a year in jail in Sweden for breaking copyright laws by helping millions of users download music, movies and computer games for free.

Experts believe the ruling could be the first step towards ending illegal downloading, which has cost music and film companies billions of dollars in lost revenue.

Founders Peter Sunde and Gottfrid Svartholm Warg, along with two other employees Fredrik Neij and Carl Lundström, were sentenced to a year in jail after being found guilty in a Swedish court of making 33 copyright-protected files accessible for illegal downloading on the website Piratebay.org.

The four were also ordered to pay $3.6 m (£2.4m) in damages to copyright holders, including Warner Brothers, MGM, Columbia Pictures, 20th Century Fox Films, Sony and Universal, according to Swedish media reports.

In a Twitter posting before sentencing, Mr Sunde said: "Nothing will happen to TPB [the Pirate Bay], this is just theatre for the media."

The Pirate Bay provides a forum for its estimated 22 million users to download content. The site has become the entertainment industry's enemy No. 1 after successful court actions against file-swapping sites such as Grokster and Kazaa.

Defence lawyers had argued the men should be acquitted because The Pirate Bay does not host any copyright-protected material. Instead, it provides a forum for its users to download content through so-called torrent files. The technology allows users to transfer parts of a large file from several different users, increasing download speeds.

But the court found the defendants guilty of helping users commit copyright violations "by providing a website with ... sophisticated search functions, simple download and storage capabilities, and through the tracker linked to the website".

Judge Tomas Norstrom told reporters that the court took into account that the site was "commercially driven" when it made the ruling. The defendants have denied any commercial motives behind the site.

John Kennedy, the head of the International Federation of the Phonographic Industry, said the verdict was "good news for everyone, in Sweden and internationally, who is making a living or a business from creative activity and who needs to know their rights will be protected by law."

Supporters set up a website dedicated to the trial, and the defendants sent updates from the court hearings through social network Twitter.

Forrester Research analyst Mark Mulligan said: “The music industry has come out of this with a ruling that is more positive for them than many had been expected." But he warned that the epidemic of file sharing will continue to grow via instant messaging, email and blogs, as well as file sharing websites.

He said the verdict could have implications for Google, as it provides links to illegal content.

Dawn Osborne, copyright lawyer at intellectual property firm Rouse, said: “Pirate Bay have been thumbing their nose at the establishment for too long and the view of many content owners will be that they have finally got what they deserved.

“Copyright protection is crucial to ensuring that creativity and innovation continue and much needed economic prosperity returns. The case shows that breach of these rights potentially has very serious consequences.”

http://www.telegraph.co.uk/finance/newsbysector/mediatechnologyandtelecoms/5170170/Pirate-Bay-four-jailed-for-breaking-copyright-in-Swedish-file-sharing-trial.html
Post Fri Apr 17, 2009 1:16 pm
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Inedible Condiment



Joined: 30 Sep 2008
Posts: 1045
Location: Halifax, NS
Re: 4 "Pirate Bay" members recieve 1 year for brea  Reply with quote  

EDIT: Quote fail, see below.

Really? They still think this? Ridiculous.
Also, that sucks for those guys to take the fall for millions of people's greed and impatience, but I think it's kinda the risk you take when you make one of those programs/sites isn't it?
Post Fri Apr 17, 2009 1:20 pm
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Inedible Condiment



Joined: 30 Sep 2008
Posts: 1045
Location: Halifax, NS
Re: 4 "Pirate Bay" members recieve 1 year in priso  Reply with quote  

Sage Francis wrote:
Experts believe the ruling could be the first step towards ending illegal downloading, which has cost music and film companies billions of dollars in lost revenue.l
Post Fri Apr 17, 2009 1:22 pm
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redball



Joined: 12 May 2006
Posts: 6871
Location: Northern New Jersey
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I wanted to post about this but no one likes the topic of Copyright as much as I do.

Anyway, I'm really not sure how I feel about this. I really think that TPB is wrong but it's oh-so-right as well. I don't like that when they finally did get laws in Sweden that enabled this trial they were punitive against people instead of simply shutting sites down. I'd rather see TPB gone than anyone go to jail or have to pay ridiculous fines. I hope they win on appeal, but eventually the site should go.
Post Fri Apr 17, 2009 1:22 pm
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mzehe916



Joined: 04 Aug 2006
Posts: 4544
Location: Switzerland
 Reply with quote  

redball wrote:
I wanted to post about this but no one likes the topic of Copyright as much as I do.

Anyway, I'm really not sure how I feel about this. I really think that TPB is wrong but it's oh-so-right as well. I don't like that when they finally did get laws in Sweden that enabled this trial they were punitive against people instead of simply shutting sites down. I'd rather see TPB gone than anyone go to jail or have to pay ridiculous fines. I hope they win on appeal, but eventually the site should go.


but wouldn't that just make the sites more of a "fly-by-night" kind of operation? In what ways is it "oh-so-right"? And this is coming from someone who uses demonoid for t.v. shows and random things that I can't find in print or for a reasonable price (i.e. phantom tollbooth video that amazon wanted $86.00 for).
Post Fri Apr 17, 2009 1:28 pm
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Dialectz



Joined: 30 Apr 2003
Posts: 1258
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Quote:

Sunde has already explained that this decision does not mean the end of the line in this case. There will be an appeal which means we are still far away from the ultimate decision - possibly years away. Any appeal from either side must be submitted to Sweden’s higher Court by 9th May 2009.

Rasmus Fleischer, one of the founders of Piratbyrån commented, “The sentence has no formal consequence and no juridical value. We chose to treat the trial as a theater play and as such it’s been far better than we ever could have believed.”

As for the fate of the site, Peter has already promised that The Pirate Bay will continue. The site itself was never on trial, only the four individuals listed above.

from Torrent Freak
http://torrentfreak.com/the-pirate-bay-trial-the-verdict-090417/

The whole article is a bit more indepth
Post Fri Apr 17, 2009 1:30 pm
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redball



Joined: 12 May 2006
Posts: 6871
Location: Northern New Jersey
 Reply with quote  

mzehe916 wrote:
but wouldn't that just make the sites more of a "fly-by-night" kind of operation?


Yes. That de-ligitimizes them and makes them harder to find and use. It's a solution to the real problem: Piracy is too easy so the cost is too high for the content producers.

mzehe916 wrote:
In what ways is it "oh-so-right"?


is answered with


Quote:

for t.v. shows and random things that I can't find in print or for a reasonable price (i.e. phantom tollbooth video that amazon wanted $86.00 for).


It's a technically great way of distribution. It allows for dead things to come back to life and culture and knowledge to flow pretty freely. The problem becomes when that free flow hurts the people who make. Those who make should be held in high esteem by those who consume, I think we can agree.
Post Fri Apr 17, 2009 1:37 pm
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mzehe916



Joined: 04 Aug 2006
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Location: Switzerland
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haha word. We do agree.
Post Fri Apr 17, 2009 1:41 pm
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mancabbage



Joined: 29 Jun 2005
Posts: 9263
Location: london
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something else will come along eventually
Post Fri Apr 17, 2009 1:55 pm
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bakemosphere



Joined: 05 Apr 2005
Posts: 701
Location: 304
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I love the fact that the verdict was leaked to the internet before the trial was over via Bittorrent.

Oh the irony.
Post Fri Apr 17, 2009 1:57 pm
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Captiv8



Joined: 25 Aug 2006
Posts: 8547
Location: Third Coast
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I agree with Redball in that the site should be shut down and that there shouldn't be any jail time or fees. The number is arbitrary to begin with (for fees) , and those dudes can't possibly pay them. As for the jail time, I imagine a Swedish jail being kind of like a spa retreat. Where my Swedes at?
Post Fri Apr 17, 2009 2:06 pm
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jakethesnake
guy who cried about wrestling being real


Joined: 03 Feb 2006
Posts: 6311
Location: airstrip one
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I'm not really a fan of music stealing but this is a huge hit to net neutrality.

Freedom is less free today.
Post Fri Apr 17, 2009 2:20 pm
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WeDueThis



Joined: 24 Feb 2009
Posts: 270
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Torrents used to be cool before i started actually running into people who also do it. Its to mainstream for me now.
Post Fri Apr 17, 2009 2:22 pm
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jakethesnake
guy who cried about wrestling being real


Joined: 03 Feb 2006
Posts: 6311
Location: airstrip one
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WeDueThis wrote:
Torrents used to be cool before i started actually running into people who also do it. Its to mainstream for me now.


Was this directed at me? Are you still creating noise?
Post Fri Apr 17, 2009 2:32 pm
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WeDueThis



Joined: 24 Feb 2009
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jakethesnake wrote:
WeDueThis wrote:
Torrents used to be cool before i started actually running into people who also do it. Its to mainstream for me now.


Was this directed at me? Are you still creating noise?
It wasn't directed at anyone. Haha. I was just refering to my own views. Oh and i totally agree with your thoughts on net neutrality. Its a slippery slope that just had some crisco added to it after this case.
Post Fri Apr 17, 2009 2:34 pm
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