Anybody following the plight of The Pirate Bay may have read Tuesday that the potential acquirers are "back pedaling," "backing out," or that the deal was uncertain.
"Nobody is uncertain about anything," said Hans Pandeya, CEO of Global Gaming Factory, the software company that plans to acquire the Pirate Bay for $7.8 million.
"We are more certain than ever before.There are no changes in our plan," Pandeya told CNET News Tuesday evening. "We'll bring the deal to investors at a shareholders meeting, which we expect to hold in four weeks."
What appears to have happened is that members of the media stirred up skepticism about a deal getting done by "twisting" comments made by one of Global Gaming's lawyers, said Pandeya. During a court hearing on Tuesday in the Netherlands, Ricardo Dijkstra, Global Gaming's attorney, said the Swedish company would only acquire The Pirate Bay if the site can be turned into a "legitimate business."
Dijkstra said whether the sale will be completed is "very much the question."
Pandeya said all Dijkstra was doing was pointing out that no deal is done until a contract is signed and that hasn't happened yet. But Pandeya said reports about a potential setback are vastly overblown. He says the funding is in place and that all that needs to be done is to fulfill the requirements set forth by investors. Ever since the company announced its intentions to buy The Pirate Bay earlier this month the company said that any purchase was contingent upon approval of investors.
"When we have the funding signed then we'll issue a press release," Pandeya said.
As for ditching plans to buy the company because of some question about whether it can be turned into a legitimate business, well, there isn't any question, said Wayne Rosso, the former Grokster exec who Pandeya recently hired.
Rosso told CNET last week that once an acquisition is complete, The Pirate Bay will no longer be a BitTorrent tracker, enabling users to find unauthorized movies and music. The site will morph into a legal service that offers content in exchange for users' computer bandwidth and hard drive space, he said.
The controversy began when Global Gaming found itself being called to court by Brein, a Netherlands-based group that represents copyright owners. According to Pandeya, Brein was under the erroneous impression that Global Gaming had already acquired The Pirate Bay and was trying to include them in a civil suit the group file against the original iteration of the site.
But what about the music industry's attempts to collect money from The Pirate Bay founders, could that scuttle a deal? The music industry has plans to try to collect the cash that Global Gaming has offered to pay to acquire The Pirate Bay. Earlier this year, a Swedish court found The Pirate Bay's four founders guilty of copyright violations and ordered them to pay $3.6 million.
"We have nothing to do with that," Pandeya said. "The acquisition goes through when the money hits the bank account...and what happens after that we have nothing to do with."
The Pirate Bay's founders have said that they haven't owned the service since 2006.