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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RE: From the swedish news...
by sagum on Wed 18th Feb 2009 07:52 UTC in reply to "From the swedish news..."
sagum
Member since:
2006-01-23

I watched the swedish news today and the prosecutor said something that might be of importance. TPB does remove unwanted .torrents like child porn and snuff movies and the like. This means that they do deside what is ok and not. I dont know if this changes anything.


You can say they do decide what is OK and not to be on their website, and they're perfectly legally allowed to do so. It doesn't change anything.

They're legally allowed to provide torrent files for any tracker they want within the law. This is what they're in court for now.

However, I don't think any law allows the index of child porn or snuff content so they do have, if not at least a legal requirement, a moral one to abide by.

Edited 2009-02-18 07:53 UTC

Reply Parent Score: 2

John Nilsson Member since:
2005-07-06

Well, the defense referenced a law stating that network service providers cannot be helt responsible for what is communicated through the service provieded some prerequisits are true.

There was three things IIRC that was required.

* That the service provider does not initiate the transactions

* That the information is not selected by the service provider

* That the information is not modified by the service provider


By removing torrents I would say the prosecutor could claim that the two latter requirements are not fullfilled and thus the law is not applicable.

Reply Parent Score: 2