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April 17, 2009 7:17 AM PDT

Pirate Bay defendants to fight on

by Mats Lewan
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Pirate Bay spokesperson Peter Sunde jokes: "I owe u 30,000,000 SEK" (30 million Swedish kronor, or $3.6 million) during the Pirate Bay web press conference.

(Credit: Mats Lewan/CNET)

The verdict has been handed down in the Pirate Bay file-sharing case, but the legal actions are far from done.

"The prosecutor leads 1-0 after the first round, but this will of course be appealed," said Per E. Samuelsson, defense lawyer for Carl Lundström, one of the four individuals sentenced in the Pirate Bay trial, according to the Swedish newspaper Dagens Nyheter.

Samuelsson calls the verdict a scandal. He also claims that his client will have to pay the damages ruled by the court--a total of $3.6 million--because the other three sentenced lack economic resources.

Lundström has been financing a great part of Pirate Bay's operations.

In the verdict, the court regards Lundström as one member of a team. Peter Sunde, spokesman for the Pirate Bay and another of the four sentenced, found this odd.

"We barely know Lundström," he said in an interview broadcast live on the Internet shortly after the verdict on Friday morning. (The interview starts in Swedish but continues in English at about 5:00 minutes in.)

"We cannot pay and we wouldn't pay," Sunde said, then wrote on a piece of paper and showed it to the camera: "I owe u 31,000,000 SEK -- just kidding." That's 30 million Swedish kronor, or $3.6 million.

Sunde continued: "Even if I had the money, I would rather burn everything I own."

Defense lawyer Jonas Nilsson, who represents Pirate Bay's Fredrik Neij, expressed surprised over the verdict--which he, like Samuelsson, called "just the first round."

"I had expected them to be cleared. $30 million Swedish kronor is an enormous amount. It's obvious that the court has followed the policy of the prosecutor. I think this is a clear case for the Supreme Court."

Another critic of the verdict is Christian Engström, vice president in the Pirate Party political group that has a close connection to Pirate Bay.

"I recall what copyright organizations such as IFPI have said. That in case of a conviction, the verdict would be used as an argument to claim blocking of websites that deal with file sharing. That would correspond to banning books and newspapers," he said, according to the Swedish newspaper SvD.

The International Federation of the Phonographic Industry and other film and music industry groups saw the verdict as a victory for copyright holders.

Sunde seems to be the one who worries least about the court's ruling.

"You can look upon it as a movie, at the point when the heroes just have had the first real setback. But thanks Hollywood! You have taught us that in the end the good will win. And it will be a really big victory", he said.

Mats Lewan, IT and telecom editor at Swedish technology weekly Ny Teknik, has joined CNET News as a 2009 fellow with Stanford University's Innovation Journalism program. E-mail Mats.
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Add a Comment (Log in or register) Showing 1 of 2 pages (33 Comments)
by oo7-maverick April 17, 2009 7:43 AM PDT
If I write a book and everyone on the net reads it for free, yet they gain something positive from having read it, or they go out of their way to criticize it, I may not have become richer monetarily, but I have gained an audience and my work was not in vain. The same can be said about a movie, a song, and everything else.

The purpose of the creation is where the problem exists. If I wrote, composed, or recorded, the creation with the purpose that had nothing to do with monetary enrichment and purely for the love of participating in its creation and the benefit it brings to my fellow man or woman, then there is no problem.

The problem is we are taught that to create for a reason other than monetary enrichment is foolish, and an unworthy reason. So today those that create songs, movies, books, excreta, only create for the purpose of monetary income. So is it wrong for these guys to point to a resource of the copied material? The answer is, only if they gained some monetary wealth from such actions. Because the product was created to acquire monetary wealth and these guys provided a means to circumvent that, does not in anyway make them guilty of breaking any law, as they never received any monetary enrichment from the product.

It makes them guilty of showing the true shallow purpose of its creator. The true guilt falls at the feet of the creator of the material who hates what he does and feels it a burden to be monetarily compensated for, A True artist of the Twenty-first Century.
Reply to this comment
by Robert Treat Paine April 17, 2009 8:02 AM PDT
It is my right to determine the reason for creation of my work. You get to enjoy it or criticize it, but not use it or own it unless you pay for it. Why should the author, publisher, producer, actor, etc. work hours a day for you for free? Do you give freely of your time to your employer? Intellectual property is no less real than real property.

If you choose to write for a newspaper via letters to the editor, you do it for free. If the paper asks you to write for them, they pay you, and are entitled to have certain controls on that work, while you may retain other rights.

As 'A True artist of the Twenty-first Century', eat your work, and live under it. That's YOUR choice. Other than that, let others decide for themselves and be protected.
by Jlmc727 April 17, 2009 9:30 AM PDT
How many creation would you make at cost $100,000.00 to make and not get anything back from it???
by mikestatic1 April 17, 2009 9:46 AM PDT
That is the most ignorant argument I've read.

The true guilt is with the creator? What about the loser who feels he is entitled to read, listen to or watch any work on the face of the earth just through his mere existence? Your existence entitles you to nothing, which is apparently what you can afford to pay.
by oo7-maverick April 17, 2009 12:22 PM PDT
Guys ture guilt, i love it. you miss the point. This is why the artist that stands behind the recording companies? copyright crap are not artist. I believe artist should make money for their creation sure, get upset with those making money on their behalf that have stolen their product, but don?t get upset with anyone trying to enjoy what u created without paying for it. Because he or she might go to your next concert or buy your next creation. Everyone else that is angry here because they paid for their legal cd or movie, or what not, seems to me like you may have nothing left, or you may not want others to enjoy for free, what you paid top dollar for. I am sorry you are hurt. Instead of buying the next cd or movie, of the artist you favor, find out where they live, send them half the money you would pay the recording companies for their creation. In this way, the artist makes the more money then they would through the recording companies, you enjoy their creation with a clean conscience, and you stop sounding like you hate your fellow man, or woman. But if you buy the cd and hate others who can?t, that is just a reason for you to return, or repent, depending on your belief system.
by matrage April 17, 2009 7:49 AM PDT
It ain't over yet GO PIRATE BAY!!!!
Reply to this comment
by mikestatic1 April 17, 2009 9:47 AM PDT
Want me to send you a dollar so you can buy a song?
by Sausagebiscuit April 17, 2009 9:54 AM PDT
I'd rather you donate that $1 to the pirate bay to help keep information free.
by enovikoff April 17, 2009 8:07 AM PDT
I see this situation as very much out of balance. I agree with the previous poster, maverick, that in an ideal world, one would create only for the joy of creating. However, until we manage to release ourselves from the bondage of the human ego, we will be concerned with survival, and that colors any act of creation with the desire to be supported by it. This is the difference between being fairly compensated in a system where money is used for compensation, and uncontrolled greed. These media companies have failed to recognize that they are often rightfully being seen as greedy, considering the tiny fraction of the final consumer price that is paid to the artist. They are controlling the conversation to be about fair compensation from artists, but how can that conversation be honest if it is really about supporting greed and their efforts to hide that greed? Similarly, the other side refuses to recognize the monetary value of the artist's contribution, which means their house isn't clean either. Until this conversation can be had honestly in the public forum, about greed versus false humility, we will not receive a balanced solution that is in the best interests of society. Without that honesty, the Golden Rule rules: he who has the gold, makes the rules. What we see is a locked dynamic polarizing the greedy tyrant against the falsely innocent rebel. There can be no justice in this dynamic, even if, as Sunde said, it makes for great drama.
Reply to this comment
by umbrae April 17, 2009 8:18 AM PDT
They will win. Regardless of the outcome TPB will be up and running.
Reply to this comment
by shelled13t April 17, 2009 8:22 AM PDT
Do I understand this correctly? The code writers are being held responsible for the predictable results of their work even though the piracy was only incidental to their work, but the CIA torturers are not being held responsible for the predictable results of their work because the pain and terror was only incidental to their work?
Reply to this comment
by Logic786 April 17, 2009 8:22 AM PDT
Pirate bay ftw!
Reply to this comment
by opngate2 April 17, 2009 8:35 AM PDT
KEEP GOING PIRATE BAY !!!!!!!

KEEP YOUR HEAD UP AND YOUR SPIRITS HIGH !!!

THEY CANNOT STOP THE HUMAN SPIRIT OF YOU AND ALL THE PEOPLE WHO SUPPORT YOU!!!

NEVER SURRENDER !!
YOU ARE SUPPORTED IN THE U.S.A.
WE LOVE YOU GUYS, YOU ARE HEROES !!!!!!! :)
Reply to this comment
by mikestatic1 April 17, 2009 9:49 AM PDT
Your standards are exceedingly low. You should look for heroes who actually accomplish something beyond enabling the ignorant to steal music.
by Sausagebiscuit April 17, 2009 9:54 AM PDT
Nothing has been stolen.
by Sausagebiscuit April 17, 2009 8:36 AM PDT
To save Ikrupp and his/her lackeys time:

Copyright infringement is not stealing/theft/etc. Piracy is what happens in the waters (most recently near Somalia)

Have a great day!
Reply to this comment
by thelemurking April 17, 2009 8:44 AM PDT
Can we some info on where the Oink.cd trial stands? To me, this is far more important than the TPB trial since 2006 it's been on going without any real trial.
Reply to this comment
by Inconnux April 17, 2009 9:00 AM PDT
just move to another jurisdiction where they can't prosecute
Reply to this comment
by pgjack April 17, 2009 9:03 AM PDT
People have made their livings by providing entertainment and information for thousands of years. Whether in the king's court, the Pope's chapel or a New York City street corner. The idea that freely distributing that work, the result of hours, days, months and even years of sacrifice and labor, without the creator's consent is anything other than thievery is a pathetic excuse on the part of those who cannot produce work of quality themselves.

It may well be that film companies, the record industry and printing houses have reaped unjustified profits but the fact remains that creative writers, reporters and artists in all fields deserve compensation for their work just as do auto mechanics, house painters and burger flippers.

Anyone who knowingly facilitates the theft of property is aiding criminal activity. They should be prosecuted and made to compensate those from whom they have stolen.
Reply to this comment
by peter_aardvark April 17, 2009 10:09 AM PDT
Actually you don't know what you are talking about. Copyright didnt exist for thousands of years..
Library of Alexandria made copies of every book on any ship that came into the harbor, Mediaeval scribes copied documents freely and thankfully preserved ancient knowledge, as did printers for hundreds of years. It wasn't until England passed a copyright law in 1710 giving the creator the rights for (get this) 14years. Copyright also became a US law but it was also for a only a few years.. Oddly enough even though 19th century US book publishers paid fees to US authors, they sure as heck didn't pay any to British writers, because they weren't obligated by law..
The same with the movie industry, in the early years, moviemakes had no qualms about stealing material from plays, books etc.. without paying any royalties until the industry itself got big and established and only then did copyright suddenly become important to them. The irony is that Disney would not have been able to make Snowhite, or Pinocchio if copyright law existed as it does now because neither story would have been in the public domain back then. Are you also aware that if you go and have your family picture done at a portrait studio, almost all of them insist they will own the copyrights to the image.. And for that matter so does the photographer that took your grandma's picture in 1917 that is sitting in a shoebox in the attic.. How ridiculous is that?
by Pete Saman April 17, 2009 9:04 AM PDT
Looks like Google's my new torrent search engine
Reply to this comment
by spanksalot April 17, 2009 9:07 AM PDT
TPB is and their admins are a joke..it wont belong before they are relegated to side like all novelties that come and go...

Running an indexing site is just like owning a crack house, just cause I own it doesn't mean I'm responsible for the dealings inside.. I say close em down the same way, kick in the doors and and drag em out kicking and screaming..
Reply to this comment
by Sausagebiscuit April 17, 2009 9:55 AM PDT
Crack and drugs are illegal. Hosting .torrent files is not. There are no copyrights on .torrent files.
by bryanwalker April 17, 2009 9:11 AM PDT
The entire concept of "Intellectual Property Rights" needs to be re-written, back before digital content was available the current definition was okay, but today it needs rework!
Artists should get paid, but not at the cost of stifling innovation. Its quite obvious the current business model for the RIAA & the MPAA is not working, they keep suing and their sales keep declining, btw who sues their own customers anyway? Most downloader?s also purchase music/movies, that is unless they get sued, then they never purchase anything from the company suing them again, is that what the RIAA/MPAA want?
And as previously stated, all the torrents on PB are available elsewhere, RIAA/MPAA and ANY government can?t police the entire Internet and if they try too, every torrent site they shut down will be replaced by two more torrent sites!

Share and share alike my friends!
Reply to this comment
by Zeth102 April 17, 2009 9:32 AM PDT
Comment by enovikoff (April 17, 2009 8:07 AM PDT) is the closest we are going to get to the true reality of this situation. I do believe in artists been paid for what they make (if that is what they choose), but these individuals are not really guilty, this is political scandal to "help" one side get some sort of leverage. "Laws" in reality make the entire human race a criminal at some point in time of the individuals lifetime, for some reason or act... Think about it...
Reply to this comment
by mikestatic1 April 17, 2009 9:51 AM PDT
Good, I'm glad to see that one of the morons will be bankrupted and be living in a box because of his ignorance.

Hopefully all of you penniless file-sharers will be next. Maybe iTunes will start accepting food stamps so you can buy music?
Reply to this comment
by Sausagebiscuit April 17, 2009 9:58 AM PDT
I like responding to your trolls.

You constantly seem to assume that people who share information are without money, on welfare, and are lowlife people. Would you care to back up your claims with proof?

Why must you insult those who are not as well-off? Your food-stamp comment is really out of line.
by peter_aardvark April 17, 2009 10:29 AM PDT
the fact is that given the existing copyright law - that everyone including you.. breaks it daily.
every made a cassette copy of some music, record on a vcr, photocopied a news article, etc..
or perhaps posted a video to youtube of the kids with the radio in the background playing a pop song?
by azice April 17, 2009 9:55 AM PDT
We need some new laws regarding digital media over the internet. Our current ones are not enough to govern internet resources. From ISPs who want to cap internet usage to shared contents all over the internet, who should be the governing body? Piratebay is just one of many. If it fell, others will be replacing it in different country. That is if the higher court up-held the verdict. If Piratebay is guilty then ISPs, computer storage makers, and etc would all be guilty for facilitate copyright infringing activities. Laws should be applied equally and unselectivily. So where does it end? Piratebay host only torrent files, it is the seeders who are uploading copyright infriging files. They are the root of the whole problem and needs to be delt with. Piratebay is nothing more than a website that got bunch of meaningless files when there is no seeders. They are not really responsible for what people posting on their free site.
Reply to this comment
by Gary_Lacey April 17, 2009 10:15 AM PDT
ANALOGY: Concerts are often loud enough to be heard from the outside. Even though people pay large sums to get inside to see the concert, some people listen to them from the outside for free. The experience for the "insider" is worth the price, and the price for the "outsider" is worth the loss of experience. If outside listening is made illegal, outsiders have three options: buy a ticket, go away, or continue to listen "illegally". Few outsiders will buy a ticket just because the law changes. The "ticketmaster" is the only one who really cares what the outsider chooses to do. The ticketmaster hires "guards" to chase the outsiders away. Guards are expensive, and, by nature, "offensive". Guards determine who is in or out, affecting every insider, but only some of the outsiders. Some insiders then question the cost of the experience versus the control of the ticketmaster. How far can this war over "recordings" escalate before the "media money machines" cripple the arts and entertainment industry completely?
Reply to this comment
by aka_tripleB April 17, 2009 11:17 AM PDT
I must say that I am a tad surprised by the verdict. The prosecuters didn't seem to have his case planned out seems how they had to drop so many charges.
Reply to this comment
by techie76 April 19, 2009 11:53 AM PDT
the pirate bay guys can always move their servers, hey guys check out Antigua, no copyright laws
Reply to this comment
Showing 1 of 2 pages (33 Comments)
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