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ExtraTorrent.cc > Articles > Pirate Bay Appeals, Judge Replaced By Prosecution

Pirate Bay Appeals, Judge Replaced By Prosecution

Pirate Bay Appeals, Judge Replaced By Prosecution

Added: Wednesday, September 30th, 2009
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:Trial, TPB, Torrents, p2p, Infringement, Pirate Bay, Spectrial, Law
Earlier this year, the infamous foundation of The Pirate Bay, were convicted within the court rooms, and condemned to a large fine, and a two year sentence, per offender. The "spectrial" made international headlines, as the world's largest torrent tracker, was under fire. The decision involving the case were essential to the future of the torrent world, and all legal disputes there after.

TPB Crew

News is coming out of Sweden, that the appeal has not only been finalized, but the Judge who led the first trial, Fredrik Niemelä, has been "disqualified" from participation in the upcoming appeal. This sent shock waves through the wires, as revelations that the "honorable" Mr. Fredrik Niemelä, has financial ties to the music streaming application Spotify, owned by the major record labels. Attorney for the movie industry leading the charges, Monique Wadsted stated, “There should not be any doubt in this case." As many believe that the first case was completely biased, and now it's been proven, that the judge whom was to "fairly" preside over the case, was in fact working for the same industry pressuring the prosecution. Not only is this an outrage, but is illegal in most nations.

Flag Will Still Be Waived
Today, the courts have agreed and completely disqualified Niemelä due to the stock options he owns in Spotify. Ironically, all throughout the recent months, Niemelä had claimed there was no conflict of interest. The decision by the Appeal Court is unanimous and can not be appealed. What lies to be seen here, is why the trial in general has not been completely thrown out, and the prosecution, the judge, and the industries financing the judge have not been charged with criminal liability and even more so, for making a mockery of the "legal" system. If you paid someone to falsely testify on your behalf, and later it was revealed, you and the witness would both be charged, would you not? Yet the entertainment industry, can hire someone who works for them, and also have them preside over a court trial, on a case that determines the future of the internet, and it's completely okay. Amazing.

Some have suggested that the movie industry was in such a hurry to remove this judge, because now, he actually "understands" how torrent index sites and file sharing work, and maybe, he would be more so in favor of forcing the prosecution to "define" how The Pirate Bay broke any laws at all. Why else would they want to remove a judge, who's already decided once in their favor? Let me explain that. Simply, because in a new trial, with a new judge, there is a 99.9% chance that the new judge, will not understand anything at all about file sharing, BitTorrent, or p2p. This is a huge advantage for the prosecution and the industry, as it will be easier to manipulate the new judge, into believing that by somehow hosting a .torrent file, and not the actual copyrighted materials, you have committed a crime. I suggest that The Pirate Bay, hire new attorneys as well, ones who can communicate the facts and educate the courts.

Mr. Niemelä is not a "noob" of any sorts, as he holds more than one occupation. Just to clarify, for Spotify, he is a programmer for their technological development team. Interesting? That's not half of it. He also co-owns a patent for streaming technology which is co-owned by the original development team of uTorrent. BitTorrent is not new to this judge. So for a judge who claimed to have no ties to the industry of entertainment, no previous computer or p2p knowledge during the trial, it seems an awful lot of nasty little lies were told. Surely the whistle blower in this case, should be praised.

If I've ever seen true piracy, the actions being taken by the Swedish courts, the entertainment industry, and the anti-piracy advocates, are a prime example of exactly what piracy truly is. Not only have they hijacked the facts and misrepresented the truth, but now, they've boarded the ship of the legal system, had inside employees working the trial as the judges, and witnesses, and totally destroyed the hope that fairness can be executed in the judicial system which sits in place. Money makes the world go round, as they say.

Muddy Waters
For many months, during the trial, the defense team of The Pirate Bay, fought uphill to have the judge overseeing their shadowy case removed. Time after time, they were denied. The one time, the prosecution asked for this, it was done. This is a puppet show in Sweden, and other allegations can prove this. E. Samuelsson, defense attorney for TPB, has also announced "alleged" bias claims against appeals court chief judge Kristina Boutz and appeals court judge Ulrika Ihrfelt. It turns out, Boutz stands as an active member of the copyright organization SFIR (Svenska Föreningen för Industriellt Rättskydd or Swedish Association for Industrial Property) and Ihrfelt has been a member of the copyright protection advocates SFU (Swedish Copyright Association). If anyone remembers, the District Court Judge, Tomas Norström, was also a member of both organizations.

How did this happen? Well, many will be left to wonder the same thing. It seems now, that regardless of any revelation, that The Pirate Bay is doomed in Sweden, no matter how bad of a taste it leaves in their mouths. Sadly, there is no major corporate media group, no major telecommunications provider, no major form of news, that will get this out there enough to change the outcome, as most of those major corporations all have ties or involvement with the entertainment industry. Sadly it's a win-win situation for the prosecution, and the founders of The Pirate Bay, stand little to no chance of overturning the original outcome, seeing as even the appeal is being handled by a master puppeteer.

Wednesday, September 30th, 2009

Posted by:  Blocked
Date:  Wednesday, September 30th, 2009

Comments (13) (please add your comment »)

posted by Site Friend (2009-09-30 11:26:33)
magiccrack avatarInteresting read obs, thanks. Puts a downer on things right enough.

posted by (2009-09-30 12:18:09)
kingtiger01 avatargoes to show, the truth is more obvious when you stop ignoring the obvious.

posted by (2009-09-30 16:08:52)
altrntnam avatarwow. that really sucks. they don't stand a chance with the whole legal system working for the enemy. {yes i said ENEMY. this is a war.}

posted by (2009-09-30 16:47:20)
IndieRetard avatardammit , that really pisses me off... im so sick of politics and money grubbing whores

posted by (2009-09-30 23:04:31)


posted by Site Friend (2009-10-01 18:54:30)
magiccrack avatarwow! hahah post 6

posted by (2009-10-01 22:53:27)
chaxcho avatarok, that's something i was'nt expecting

posted by Blocked (2009-10-01 23:42:20)
No avatarthe truth is out there :)

posted by Blocked (2009-10-02 18:20:21)
No avatar:))

posted by (2009-10-02 22:44:59)
No avatarif you go deeper into the subject of file shareing is its people shareing files they have. not movies or music any file so its ok to send an email maybe with an explicit picture as far as i knew when you buy a dvd or cd you bought the copyrite of it its like lending it out is that illeagal the torrents world should get together and take the goverment to court as all im doing is shareing my files with friends they shouldnt be looking at the items im shareing in the first place.

posted by (2009-10-03 07:00:29)
garycol avatarI find it strange that a trial judge is also a programmer and it appears a successful one at that. I also find it rather strange that the appeal judges are members of an organisation that oversees copyright in that country.
Most members of the legal club (and make no mistake about it, it is one of the most exclusive clubs on the planet) that I have know do not know how to turn on a computer let alone write a program for it.
I have no knowledge of the Swedish legal system but maybe their judges are a lot younger that in other countries and can hold more than one job at a time while claiming no bias.
In Sweden is perjury only limited to the defendants and selected witnesses while the judge can say anything he/she likes to say?
As I understand the copyright laws it is illegal to copy or convert any copyrighted material (even for your own exclusive use) and can only be used by you. To share with any other person is considered to be illegal. That means to watch a rented DVD with your friends is breaching the copyright laws.
Sites like Piratebay and even this one do nothing more than what Google and other search engines do. They point the user to where a file is located. What the user does after accessing that link is solely at the discretion of the user.
I for one have been able to enjoy movies that are no longer available other than at stores that specialize in older material if you can find them.I have also found sequels to movies that I did not even know existed.
Maybe it is time that the entertainment industry had a good hard look at itself. Why are they loosing money. Could it be the limited range and limited time of release of their products? Could it be the blatant over pricing of the product? Could it be the quality of the product? Could it be shear volume of product that is released? Could it be the that they overspend on advertising of any single item?

posted by (2009-10-06 01:07:17)
No avatar"Money makes the puppet talk"

posted by (2009-10-07 06:35:12)
xxVOIDxSURFERxx avatarposted by dvdke31 (2009-10-02 22:44:59)

''if you go deeper into the subject of file shareing is its people shareing files they have. not movies or music any file so its ok to send an email maybe with an explicit picture as far as i knew when you buy a dvd or cd you bought the copyrite of it its like lending it out is that illeagal the torrents world should get together and take the goverment to court as all im doing is shareing my files with friends they shouldnt be looking at the items im shareing in the first place.'' Could'nt agree more. They will just try and use loopholes in our privacy rights, like the US's ''National Security Risk Protocols''. Oh wait ... thats right, they already are!

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