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ExtraTorrent.cc > Articles > The Pirate Bay Co-Founder Applied to EU Court

The Pirate Bay Co-Founder Applied to EU Court

The Pirate Bay Co-Founder Applied to EU Court

Added: Friday, May 18th, 2012
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
The Pirate Bay was launched 9 years ago and now claims around 35,000,000 users – it undoubtedly is one of the biggest file-sharing communities in the world. Recently, one of its founders has taken his case to the EU Court.

7939628-a-gavel-in-court-with-a-european-flag-in-the-background.jpg



Jonas Nilsson, an attorney representing Fredrik Neij, claims that The Pirate Bay is protected by the Convention for the Protection of Human Rights. This past February Sweden’s Supreme Court handed out its decision not to grant leave to appeal in the criminal case against the tracker’s founders. Thus, the previous determined sentences against the TPB founders remained the same.

Fredrik Neij and his lawyer saw no other solution but to take the case on to the European Court of Justice. They refer to Article 10 of the European Convention on Human Rights that guarantees citizens the freedom to receive and impart data. Therefore, they believe that Neij’s right to freedom of expression has been denied him.

Their complaint to the European Court claims that TPB’s services of transferring non-proprietary data among users via an automated process online are protected under that article. Neij was originally sentenced to 1 year in prison. In 2010 he appealed and the sentence was reduced to ten months. Meanwhile, other tracker’s founders, Peter Sunde and Carl Lundstroem, were sentenced to 8 and 4 months of jail time respectively. In addition, they were ordered to pay over 5 million euros in damages for copyright violation to the entertainment industry.

Neij’s lawyer claims that The Pirate Bay never transferred or passed on any copyrighted content, and that was the responsibility of the website’s users. The purpose of The Pirate Bay was just to allow the free dissemination of data through non-copyrighted torrent files. Considering that the torrent file content wasn’t unauthorized, the function should be covered by Article 10, and Neij will ask the court for further examination to determine whether he can be held liable.

His lawyer also reminds the court that under the European Convention of Human Rights, people are guaranteed the freedom to receive and spread information. After the Supreme Court refused to hear the case, the TPB co-founder sees no alternative but to pursue the case through to the EU Court. He pointed out that such legal precedent is missing in a field of the Internet, which is a big problem for the rule of law.


By:
SaM
May 18th,2012

Posted by: 
SaM

Date:  Friday, May 18th, 2012



Comments (5) (please add your comment »)

1
posted by (2012-05-18 17:39:18)
CaptCosmo avatarHmm, "rule of law" - "under the European Convention of Human Rights, people are guaranteed the freedom to receive and spread information" Watch now as "The Global Entertainment Industry" applies pressure on the EU Courts to change the law to allow them to continue to fill their GREEDY Pockets. Let's hope that FREEDOM & Common Sense win.

2
posted by (2012-05-19 19:30:01)
mork_blasphemy avatarGo arrest those gangs that are dealing drugs and guns... assassins get probation ,a guy sharing files behind a PC is supposed to get actual jail time... justice,get a life!!

3
posted by (2012-05-20 20:01:57)
gadikaz avatarSince the 15th century, Lady Justice has often been depicted wearing a blindfold. The blindfold represents objectivity, in that justice is or should be meted out objectively, without fear or favor, regardless of identity, money, power, or weakness; blind justice and impartiality.(Wikipedia, 2012)

Lately it seems to me that her blindfold has slipped down a bit for money from "The Global Entertainment Industry"...

4
posted by Blocked (2012-05-21 08:39:12)
No avatargadikaz just a bit,last just say she isn*t blindfolded any more

5
posted by (2012-05-23 17:49:37)
gadikaz avataryes now her yes is wide open and she act out of fear and money from the entertainment industry. xD



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