Linked by Thom Holwerda on Sun 24th May 2009 12:06 UTC
Legal Mid-April, the four founders of The Pirate Bay were found guilty of being accessories to breaching copyright law; they aided in breaching copyright of 33 files. As a result, they were sentenced to one year in jail and a 2.75 million EUR fine. However, it was quickly revealed that the judge in the case was heavily biased, and ever since then there's been a search for a judge who is actually not involved with any pro-copyright groups or with the lawyers working for the entertainment industry in this case. Turns out that's actually kind of hard.
Thread beginning with comment 365209
To read all comments associated with this story, please click here.
Simply amazing
by ssa2204 on Sun 24th May 2009 12:39 UTC
ssa2204
Member since:
2006-04-22

This is the kind of thing you would expect to happen in a country the size of that island in Lost. Does Sweden only have just a couple of judges, and were the other two out to lunch when they needed a judge?

No matter what side of the argument, I find nothing more displeasing to see such monkey business happen in the judicial system. Judges should not be members of such groups, and more importanly if they must, they should recuse themselves.

We have had several high profile court cases here in Minnesota, one of which is the ongoing Senate recount debacle, and in each case we have had judges step up to the plate and recuse themselves, or in a few cases appointed retired judges to fill the role. I can not believe that in all of Sweden they could not find one judge who is not tainted.

Reply Score: 3

RE: Simply amazing
by dagw on Sun 24th May 2009 13:47 in reply to "Simply amazing"
dagw Member since:
2005-07-06

It's not just finding a judge, it's finding a judge with right background. This type of copyright law is a fairly narrow field and most judges have little or no experience in it.

Of course the judges that do have experience in it are also probably interested enough in it have joined professional bodies related to that field. I guess it's hard to find someone with a lot of experience and interest in a field, but without any memberships or ties to organizations that share an interest in said field.

Reply Parent Score: 7

RE[2]: Simply amazing
by Thom_Holwerda on Sun 24th May 2009 13:52 in reply to "RE: Simply amazing"
Thom_Holwerda Member since:
2005-06-29

They are actually trying to find a judge now who does NOT have any experience in this field, since this judge won't be handling the case itself, but merely the question of biasedness.

Reply Parent Score: 3

RE[2]: Simply amazing
by Vanders on Sun 24th May 2009 14:59 in reply to "RE: Simply amazing"
Vanders Member since:
2005-07-06

Of course the judges that do have experience in it are also probably interested enough in it have joined professional bodies related to that field.


Of course it should be fair to say that judges and other officers of the court (I.e. lawyers) should be banned from joining any professional bodies or political parties.

Reply Parent Score: 3

RE[2]: Simply amazing
by Tuishimi on Sun 24th May 2009 23:14 in reply to "RE: Simply amazing"
Tuishimi Member since:
2005-07-06

This is what I said in response to the original article/post.

If you are in the business of law, you join groups that have something to do with your specific interests. It's just what is done.

Reply Parent Score: 2