The Final Day of The Pirate Bay Trial

H

HardOCP News

[H] News
Joined
Dec 31, 1969
Messages
0
Closing arguments in The Pirate Bay trial are wrapping up as we speak. The four lawyers for the defendants seem to be doing their best to show their client had little to do with the site and arguing various aspects of their involvement. It will be interesting to see how the courts rule.

The site is open in nature and it is the site’s users that decide what content TPB tracks and this is not a decision made by the operators. Every site in the world could link to copyright material, he argued. This is not a TPB problem, this is a worldwide Internet problem, he noted. Turning to the accusations that the staff of TPB had an attitude problem, Nilsson says that everyone has a right to their own opinion and just because the site is named the way it is, it does not indicate anything in particular.
Click to expand...
 
If you ask me, the defense sounds pretty weak with everyone trying to claim they aren't affiliated with the site. If everything is on the up and up like they claim, why try to disassociate your client? I was more confident in an acquittal before these guys made closing statements... :confused:
 
I don't know...it seems they were trying to dis associate because all the individual charges were dropped. I kinda see where they were headed. I think the whole thing is a steaming pile of Japanese poo monster, but then again wth do i know?
 
I wish TPB the best of luck, I hope they win. I doubt that they are going to shut down TPB, its just going to pop up else where.
 
I think it's hard to say without knowing what went on during the whole trial.
 
I don't know safe harbor works in the EU (or if they even have one) for copyright, but TPB would have lost that protection in the US since they refused to take down content when requested by copyright holders. The whole "spectrial" was pointless anyways. Do they not remember what shutting down Suprnova caused?
 
Best of luck to those at the pirate bay; the ddos should be over soon too.
 
What evidence did the prosecution present that proved a connection between TPB and the material damages are being collected for? Was that not part of what we were shown coverage of? I'm so confused, it doesn't seem like the prosecution bothered to actually prove anybody did anything illegal, just that TPB are a bunch of "bad dudes".
 
Spewn said:
What evidence did the prosecution present that proved a connection between TPB and the material damages are being collected for? Was that not part of what we were shown coverage of? I'm so confused, it doesn't seem like the prosecution bothered to actually prove anybody did anything illegal, just that TPB are a bunch of "bad dudes".
Click to expand...



The prosecution is going for the "if you held a mans jacket for him while he beat up another man, you are guilty of aiding in the assault" approach. They are claiming that these men are aiding in the act and profiting from it.

The laws over there are a lot different than here, so who knows.

The TPB defendants are definitely not helping the situation by acting like two year olds throughout the case. It makes it a lot harder to win a case when everyone hates you. I know it SHOULDN'T....but it does.
 
What these "expert" people in government and the court system don't realize is, all this will do will fuel piracy. If the giant falls, we will have 10-20 major new trackers pop up because their main competitors will be a limited few (isoHUNT, mininova)
 
xdivenx said:
What these "expert" people in government and the court system don't realize is, all this will do will fuel piracy. If the giant falls, we will have 10-20 major new trackers pop up because their main competitors will be a limited few (isoHUNT, mininova)
Click to expand...

I agree this isn't going to hurt piracy. The fact of the matter is every attempt to destroy centralized piracy has been successful. It has only caused the piracy to be come more decentralized. Eventually, if they do succeed in bringing down TPB, I think it will be a matter of months if not weeks before you have something that fills the void.
 
vengence said:
I agree this isn't going to hurt piracy. The fact of the matter is every attempt to destroy centralized piracy has been successful. It has only caused the piracy to be come more decentralized. Eventually, if they do succeed in bringing down TPB, I think it will be a matter of months if not weeks before you have something that fills the void.
Click to expand...

1 day my friend, 1 day.
 
Spewn said:
What evidence did the prosecution present that proved a connection between TPB and the material damages are being collected for? Was that not part of what we were shown coverage of? I'm so confused, it doesn't seem like the prosecution bothered to actually prove anybody did anything illegal, just that TPB are a bunch of "bad dudes".
Click to expand...

Keep in mind, this isn't the US. Their legal system is and can be a lot different.
 
I must be the biggest dudeblonde ever, i never linked the fact that the pirate in their name kinda titled them otherwise. All i thought was YARR im a pirate i have a parrot on my shoulder, kinda pirate.
 
I noticed last night that their site has changed. Now they're charging for membership?
 
Steve said:
The prosecution is going for the "if you held a mans jacket for him while he beat up another man, you are guilty of aiding in the assault" approach. They are claiming that these men are aiding in the act and profiting from it.

The laws over there are a lot different than here, so who knows.

The TPB defendants are definitely not helping the situation by acting like two year olds throughout the case. It makes it a lot harder to win a case when everyone hates you. I know it SHOULDN'T....but it does.
Click to expand...

And that's a stupid argument, as it can certainly apply to gun legislation.
 
Steve said:
If you ask me, the defense sounds pretty weak with everyone trying to claim they aren't affiliated with the site. If everything is on the up and up like they claim, why try to disassociate your client? I was more confident in an acquittal before these guys made closing statements... :confused:
Click to expand...

I agree, it doesn't sound very good.
 
Silentbob343 said:
I agree, it doesn't sound very good.
Click to expand...

I think none of them have made a good job. The prosecutor has failed to proof that what TPB does is illegal under sweedish law. And the defense is pretty much just laughing and making dumb statements.
 
Stoly said:
And that's a stupid argument, as it can certainly apply to gun legislation.
Click to expand...

No not quite. If a person holds someone's jacket while the other guy shoots his victim, then the guy holding the jacket will be charged with abetting or something. Not the company who makes the gun.

TPB held Paradigm's (an example of one of the cracker and supplier of warez) jacket while Paradigm handed out cracked software to their audience (the pirates).

Your comparison would be to punish the Internet itself rather than TPB.
 
Azhar said:
No not quite. If a person holds someone's jacket while the other guy shoots his victim, then the guy holding the jacket will be charged with abetting or something. Not the company who makes the gun.

TPB held Paradigm's (an example of one of the cracker and supplier of warez) jacket while Paradigm handed out cracked software to their audience (the pirates).

Your comparison would be to punish the Internet itself rather than TPB.
Click to expand...

Pirate Bay's argument is basically that they actually didn't "hold the jacket." They claim they set up a coat rack for anyone to leave a jacket on, and just because someone stuck a jacket on there it's not their problem.
 
Paladin21 said:
Pirate Bay's argument is basically that they actually didn't "hold the jacket." They claim they set up a coat rack for anyone to leave a jacket on, and just because someone stuck a jacket on there it's not their problem.
Click to expand...

best analogy ive heard yet.
pretty much sums up this situation. too bad the defense isnt doing a good job of conveying it.
 
Paladin21 said:
Pirate Bay's argument is basically that they actually didn't "hold the jacket." They claim they set up a coat rack for anyone to leave a jacket on, and just because someone stuck a jacket on there it's not their problem.
Click to expand...

Except that the jackets were stolen, and they were making money off those stolen jackets hanging there, and when the owners of the jackets said "Hey that jacket is stolen, can you remove it please?" They said "Fuck you".
 
bonsai said:
Except that the jackets were stolen, and they were making money off those stolen jackets hanging there, and when the owners of the jackets said "Hey that jacket is stolen, can you remove it please?" They said "Fuck you".
Click to expand...

They said "Fuckyou this isn't your jacket its a knockoff with some slight alterations.":D
 
bonsai said:
Except that the jackets were stolen, and they were making money off those stolen jackets hanging there, and when the owners of the jackets said "Hey that jacket is stolen, can you remove it please?" They said "Fuck you".
Click to expand...

did they really make money? i know they probably got tons of ad-views but it still must cost quite a bit to a website with that much traffic...

and anyway, all of the comparisons are really lame, its not "like" anything, its exactly what it is, a list of peers that have x file that is available for whoever wants it...
 
bonsai said:
Except that the jackets were stolen, and they were making money off those stolen jackets hanging there, and when the owners of the jackets said "Hey that jacket is stolen, can you remove it please?" They said "Fuck you".
Click to expand...

The whole point of the argument they have is that *they don't KNOW* the jackets are stolen. While it might be obvious to you (or pretty much anyone else) that the jackets are of dubious legality, if they never look at the jackets hanging up, then it is impossible for them to say whether they are or are not stolen. They are not operating a coat check in which they inspect and store each individual jacket, they are just providing a place to hold your stuff. Whether you put up your jacket, some guy's jacket you stole last night, or a pair of pants with "jacket" sharpied onto them, it's all the same. They don't look at what's on the rack.

The other point about giving people requesting the removal of jackets an "FU" is also not as you have presented it. If you read the requests, and the (non?) humorous responses, you will see that they repeatedly refer to the fact that they, and their servers, are in Sweden and the requests are for something against a US/UK law. They aren't under an obligation to follow laws from some other territory.

Let's play pretend. You have a blog. On your blog you run an article about Tibet and criticize China's treatment of the country. You receive a letter from a Chinese company telling you that they have been contracted to find references such as yours and remove them from the Internet. For that reason, they inform you that you are breaking Chinese law and must immediately remove the offending page. The question is: are you going to remove your page because someone in another country told you that under their (inapplicable) law it is illegal?

I submit that you will probably tell them "FU", which is what The Pirate Bay has done.
 
vengence said:
I agree this isn't going to hurt piracy. The fact of the matter is every attempt to destroy centralized piracy has been successful. It has only caused the piracy to be come more decentralized. Eventually, if they do succeed in bringing down TPB, I think it will be a matter of months if not weeks before you have something that fills the void.
Click to expand...

uviuar2 said:
1 day my friend, 1 day.
Click to expand...

Already exists, period.

FLECOM said:
did they really make money? i know they probably got tons of ad-views but it still must cost quite a bit to a website with that much traffic...

and anyway, all of the comparisons are really lame, its not "like" anything, its exactly what it is, a list of peers that have x file that is available for whoever wants it...
Click to expand...

Same as what google does.... they all provide links to content.
 
bonsai said:
Except that the jackets were stolen, and they were making money off those stolen jackets hanging there, and when the owners of the jackets said "Hey that jacket is stolen, can you remove it please?" They said "Fuck you".
Click to expand...

I think pawn shops are in this same situation. Just because somebody from some company tells them a jacket they have is stolen doesn't mean they have to take it down from the shelves. The only difference is TPB is not the pawn shop - they are the phone book that tells people where to get jackets. :p
 
MrGuvernment said:
Same as what google does.... they all provide links to content.
Click to expand...

well, sort of, google just uses scipts to find content, tpb allows people to upload content, and makes it searchable... so its close enough, but i still think the comparisons are unnessicary, we are all technical people here, we all know how it works, if we choose to think its ok or not is a personal decision it seems lol
 
Not yet, verdict won't be until April 17th. The trail itself has ended.
 
yeah and whoever has pirated software now has time to zero the HDD. how stupid can people be to pirate?
 
11jkarrasch said:
yeah and whoever has pirated software now has time to zero the HDD. how stupid can people be to pirate?
Click to expand...

troll much?

why would anyone zero anything? and if the defendants did that it wouldent matter, the trial is over, any pirated anything that was part of this trial would already have been entered as evidence...
 
I think TPB will pull a Green Demon. It'll go away for a while and come back in a different country.
 
11jkarrasch said:
yeah and whoever has pirated software now has time to zero the HDD. how stupid can people be to pirate?
Click to expand...
FLECOM said:
troll much?

why would anyone zero anything? and if the defendants did that it wouldent matter, the trial is over, any pirated anything that was part of this trial would already have been entered as evidence...
Click to expand...
To get rid of the software that has been pirated, if the governments decide to confiscate TPB's hardware, and trace out everything, and search HDD's

Or is that irrational, and somewhat impossible?
 
3991vhtes said:
To get rid of the software that has been pirated, if the governments decide to confiscate TPB's hardware, and trace out everything, and search HDD's

Or is that irrational, and somewhat impossible?
Click to expand...

they already confiscated their hardware... and found nothing.
 
Oh I see you line of logic now. However all they need to do that is a torrent file and everyone has access to that.
 
You must log in or register to reply here.
Back
Top