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.
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RE: Simply amazing
by dagw on Sun 24th May 2009 13:47 UTC 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[3]: Simply amazing
by dagw on Sun 24th May 2009 18:13 in reply to "RE[2]: Simply amazing"
dagw Member since:
2005-07-06

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

So lawyers and judges should not be allowed to get together with other lawyers and judges to talk about the latest developments in their field? Isolation from your peers is harmful to both your professional development and by extension the development of the field, no matter what the area.

Reply Parent Score: 2

RE[3]: Simply amazing
by Doc Pain on Sun 24th May 2009 19:52 in reply to "RE[2]: Simply amazing"
Doc Pain Member since:
2006-10-08

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.


As soon as it causes conflicts with their work as judges - YES, but in general, NO.

If I would apply such a requirement to Germany, there would be almost no politicians left: Most of the members of our parliament and many ministers are lawyers (and most of these even work as lawyers in parallel to their work as politicians). But hey, maybe it would be better for our country if "ordinary" people would rule it, instead of ... greedy persons with no relationship towards honesty and counscious (and even the law).

To get back on topic: A judge with no involvement into copyright topics could be a good solution, because there can't be conflicts from his ruling to, maybe, his "job next to this one". He would be able to make statements out of an educated standpoint and a healthy thinking, instead of fearing how his ruling could have a negative effect on his fellow's business or organisation.

A judge with experience in copyright topics could do so, too, as long, as I said, there's no interference with other interests he may stand for.

Reply Parent Score: 2

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