Torrent trackers is still legal
Three of the four founders, who have long since pulled out of the verdensrømte torrent tracker, now has the High Court's word that they are in prison for complicity in the violation of copyright. They must also cough up an even larger slat money in compensation to rights holders: the High Court raised the compensation amount from 32 to 46 million Swedish kronor.
Still, rights holders can not use the victory to much, says a Danish expert who has followed the case closely, Martin von Haller Grønbæk, from the law firm Bender von Haller Dragsted.
"It is a Pyrrhus victory for rights holders. The only thing that certainly has benefited from the proceedings, the lawyers who were paid to achieve it, "he says.
But is the verdict not a signal that they no longer can just share protected files and blow the impact?
"No. It has always been illegal file sharing that material without permission from copyright holders. And the decision making's not file sharing services such as Pirate Bay, as such illegal. Verdict saying - luckily - not that file sharing services or technology is prohibited. Cited above says only that the operator of a service also has responsibility if there is wrongdoing on the service to some significant extent. And specifically, the court found that this materiality criterion for Pirate Bay. This corresponds to the situation at a pub where the holder may be convicted of aiding, if he is aware of exactly that there is nothing illegal between guests, but fails to intervene, although he could, "said Martin von Haller Grønbæk.
He is not surprised by the High Court order, and refers to his earlier comment to district court cited the same point:
"My initial assessment is that the magnitude of the clearly illegal file sharing on Pirate Bay is so large that it is difficult other than to characterize the Pirate Bay as primarily a service that facilitates illegal file sharing, ie sharing of copyrighted works by file sharing without permission from copyright holders and that the four founding members and is fully aware of this, and in certain cases deemed to actually encouraging the illegal file sharing. "
Is there no advantages cited above, from right-view?
"I think it is doubtful that a conviction would mean that there are fewer peers illegally. Pirate Bay founders will now appear as martyrs who have fought for a cause, "said Martin von Haller Grønbæk.
Chairman of Danish IT Attorneys, Kim G. Hansen, however disagree with that decision today does not benefit the right side of the piracy war:
"I do not think it would affect any cases in other countries - Pirate Bay is indeed a special case. But the decision means that the holders will now be able to switch to other similar sites with this ruling in hand. And that the compensation amount is raised, one should also take note of part of the beneficiaries. Compensation for Summer piratkopeiring has always been very controversial, so here it is beneficial for them to put a higher amount, "says Kim G. Hansen.
Judgement will reduce prison sentences, as in the District Court was set to one year for each of the three. Instead, Fredrik Neij, just ten months, Sunde, eight, while Carl Lundström could settle for four months in prison.
Fourth man Gottfrid Svartholm Warg be due to illness convicted in a separate case.
On the sentence at all will affect the continued operation of the Pirate Bay who serve today, is doubtful. The Swedish Pirate Party said earlier this year that would provide Internet access to Pirate Bay's website
sources google TPB comon if anything need to be add to this then a admin can do it since im at a friends house jsut borrew his PC to post this and with out internet until monday if unlucky
Read Pirate Bay cited here
so if dont uderstand swedish use google translte or any other tranlter there is enjoy