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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Car analogy
by raboof on Sun 24th May 2009 15:10 UTC
raboof
Member since:
2005-07-24

So next thing... only judges that don't mind their cars being stolen will be allowed to judge car theft cases?

;)

Reply Score: 4

RE: Car analogy
by adkilla on Sun 24th May 2009 15:43 in reply to "Car analogy"
adkilla Member since:
2005-07-07

Maybe they should just resort to judgement by a jury?

-Ad

Reply Parent Score: 3

RE[2]: Car analogy
by StaubSaugerNZ on Sun 24th May 2009 22:27 in reply to "RE: Car analogy"
StaubSaugerNZ Member since:
2007-07-13

Maybe they should just resort to judgement by a jury?

-Ad


If only they would make them jury trials.

However, I think that is the last thing that the prosecuting party wants. I don't think many juries would convict (unless the person was infringing copyright for profit on an industrial scale).

Plus the copyright laws may be a bit abstract for many jurors to follow. Even more important, jury trials are relatively slow and expensive so I think they are reserved for the most important cases rather than less important disputes.

Reply Parent Score: 2

RE[2]: Car analogy
by Karitku on Mon 25th May 2009 06:00 in reply to "RE: Car analogy"
Karitku Member since:
2006-01-12

Yes, because clearly jurys are wise enough to find ex-footballer with solid proofs to be guilty of murdering his ex-wife and her lover. Oh, wait hang on...

Reply Parent Score: 1

RE: Car analogy
by AdamW on Sun 24th May 2009 17:11 in reply to "Car analogy"
AdamW Member since:
2005-07-06

Thom should probably have worded the post better. It's not that they're 'pro-copyright' exactly - being in favour of a widely supported legal mechanism isn't that controversial. It's that they are or have been members of industry-based groups with enthusiastic views on the ways in which such laws should be enforced, and future ones written.

Imagine, for instance, if a judge presiding over a movie copyright infringement case in the U.S. turned out to be a member of the MPAA. That would be rather more troublesome than if the judge had, at some point in their life, said "I think the principle of copyright is a good idea".

Reply Parent Score: 4

RE[2]: Car analogy
by raboof on Sun 24th May 2009 18:04 in reply to "RE: Car analogy"
raboof Member since:
2005-07-24

I understand the nuances - that ';)' wasn't there for nothing, ya'know...

Reply Parent Score: 1

RE: Car analogy
by m_abs on Sun 24th May 2009 18:04 in reply to "Car analogy"
m_abs Member since:
2005-07-06

So next thing... only judges that don't mind their cars being stolen will be allowed to judge car theft cases?

;)

No. Next will be that people accused of violating gun-laws won't get put in front of a judge who are a member of a organization trying to impose stricter gun-control laws. And after that people accused of selling drugs, won't get put in front of a judge who is a member of a organization working towards legalizing drugs.
Both cases are wrong. The judge cannot be biased towards one side or the other.

Reply Parent Score: 2

RE: Car analogy
by blitze on Mon 25th May 2009 23:11 in reply to "Car analogy"
blitze Member since:
2006-09-15

I think you are confusing copy theft with stealing of property where the owner is left with nothing. Copy theft still leaves the owner with something as in the original product but just hampers the revenue stream (denial of income).

Maybe you should say maybe the judge doesn't mind having his car replicated?

Still, impartiallity in the Legal System is a requirement for freedom and democracy and in this case that had left the building with Elvis. ;)

Reply Parent Score: 2