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ExtraTorrent.cc > Articles > The Pirate Bay Risks One-Year Jail Time

The Pirate Bay Risks One-Year Jail Time

The Pirate Bay Risks One-Year Jail Time

Added: Tuesday, October 19th, 2010
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 prosecutor asked the judge to leave the tracker’s original sentence of one year in jail, while demanding higher compensation for the industry than it was initially ruled.

the_pirate_bay_logo.jpg

The appeal trial of the world’s largest BitTorrent tracker is nearing its end, with prosecutors and attorneys for the industry giving their final pleas.

Swedish prosecutor first reminded how each of the 4 co-founders was linked to the creation of The Pirate Bay tracker, and then how they have been defying the law by keeping supporting the world’s largest BitTorrent tracker despite the previous ruling against them. Besides, the co-owners’ indifference to the copyright violation was aggravated by the fact that the tracker was online again just 3 days after the police first conducted raid on their servers 4 years ago.

The prosecutor also indicated that since the website had categories of torrent files for the users’ convenience, and the site’s moderators could actively remove some of them, it therefore had control over information. In addition, The Pirate Bay is not an ISP, and can’t fall under the Section 17 of the E -Commerce Act. All in all, the prosecutor asked the court to let the initial ruling of one year conviction stand.

Meanwhile, the entertainment industry asked for a compensation of an even greater amount than the original one – $3.6 million. The attorney for the IFPI claimed that it’s possible to calculate the cost of the hypothetical license fee for the BitTorrent tracker, which they should owe in damages to the industry. At the original hearing, the court halved this figure arguing that it’s hardly an accurate calculation of actual damages. However, the attorney for the industry claimed that they can’t accept this because the margin of error can’t be that great. Moreover, aside from receiving compensation for what the industry claims is actual damages, it also demanded general award for goodwill, lost sales, harm to legitimate digital music shops, and damage to the industry.

The prosecutor and attorneys for the industry both claim that the BitTorrent tracker site has damaged an entire industry. The fact that the tracker’s co-owners are not the only ones committing the violation by uploading torrent files linking to infringing content “doesn’t matter” for the industry, since The Pirate Bay has a responsibility for facilitating the crime.



By:
SaM
October 19th, 2010

Posted by: 
SaM

Date:  Tuesday, October 19th, 2010



Comments (4) (please add your comment »)

1
posted by Blocked (2010-10-19 13:18:44)
menahunie avatarThe prosecutor also indicated that since the website had categories of torrent files for the users’ convenience
>> Are they referring to the Torrent Tracker file or the "copyright File"?

2
posted by (2010-10-19 15:19:32)
Brynn217 avatarthey argue that they are one and the same... they are trying to get the courts to ignore the difference.... IE; if the Tracker is deleted, so is access to the copyrighted verson....

3
posted by (2010-10-19 19:02:11)
No avatarwell why more money well after they (the lawyers ) take there monies there will be none left for the claim,
what a load of rubbish profits up 33% ( sorry but the judges can`t see that it`s the boys with the biggest stick that are allways going to won)
(fight for freedom)

4
posted by Blocked (2010-10-20 06:52:28)
No avatarwell ill put my money on no jail time iif you think about what there layer said if what they did is a no no then what facebook twitter ect do atleast thats what there layer said friday but weh ave to wait until the 26 september to whats gonna habben



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