Linked by Thom Holwerda on Tue 17th Feb 2009 14:53 UTC
Legal Practically before the trial is up and running, The Pirate Bay has achieved a major victory over the entertainment industry. On day two, the prosecutor has dropped half of the charges against the bittorrent website. The remaining charges are much lighter than the ones that have been dropped.
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Comment by tryfan
by tryfan on Tue 17th Feb 2009 17:43 UTC
tryfan
Member since:
2006-12-16

Dropping one of the charges may not necessarily mean that much, since the maximum sentence can the same for both crimes (2 years in prison).
I suspect that the prosecutor has done this to simplify the case.
In fact, it will be easier, since he won't have to go in the technical niceties. All he has do do is to prove that TPB has made it easier for its users to share files, That shouldn't be too hard.
Now, it's up to the court to decide whether this is actually illegal or not.

Reply Score: 1

RE: Comment by tryfan - normal practice
by jabbotts on Tue 17th Feb 2009 17:57 in reply to "Comment by tryfan"
jabbotts Member since:
2007-09-06

It's a pretty common practice to go to court with a long list of charges and related parties. Many of the charges will be found to not apply and parties will be found to be unrelated. Problem is, if they don't call all parties and complaints off the start, they have a much harder time adding them in later.

It's a bit of a "grab anything possible and see what sticks where" process.

Reply Parent Score: 3

umccullough Member since:
2006-01-26

Problem is, if they don't call all parties and complaints off the start, they have a much harder time adding them in later.


That's because taking someone to court just cuz you don't like what they're doing, and feel it's hurting your business is not actually just cause for taking them to court in the first place. They abuse the process by citing as many possible possible crimes so that they can hope *something* will stick as you mentioned.

It's quite abusive IMO - the justice systems have become breeding ground for revenge on people and businesses who just happened to find a way to hurt another's monetary business revenue, even if it's indirect.

Anyhow, I hope it's proven that the services TPB provides are not actually criminal, and they're simply being abused by the real "criminals" - the consumers themselves who have no respect for copyrights and are willing to share copyrighted works freely without any permission or regrets.

Now, on the other hand, I'm of the opinion that copyright laws should not be as strong as they are now - I even recently started putting together some questions to ask people to find where people draw the line between criminal copyright infringement, and fair use... I should publish that sometime ;)

Reply Parent Score: 7