Posts Tagged 'swedish court'

Pirate Bay Founders Lose Right to Appeal – Wall Street Journal (blog)

No comments 02 February 2012 Under: Pirate Bay News

NEWS.com.au
Pirate Bay Founders Lose Right to Appeal
Wall Street Journal (blog)
Less than two weeks after international legal action led to the shut down of MegaUpload and the arrest of some of its executives, a Swedish court rejected the right of the founders of the Pirate Bay to further appeal against their sentences.
Pirate Bay shifts domains after appeal failsNew Zealand Herald
Swedish Supreme Court Rejects Pirate Bay Appeal, Sentences StandPC Magazine
Three of The Pirate Bay's founders won't be able to argue their case before CNET
Tom’s Guide -PCWorld -NEWS.com.au
all 106 news articles »
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Pirate Bay Founders’ Prison Sentences Final, Supreme Court Appeal Rejected

No comments 01 February 2012 Under: Torrent News

November 2010, the Swedish Court of Appeal found three people behind The Pirate Bay guilty of criminal copyright infringement offenses.

Although Fredrik Neij, Peter Sunde and Carl Lundström all had their prison sentences decreased from the levels ordered at their original 2009 trial, they were ordered to pay increased damages amounting to millions of dollars to the entertainment company plaintiffs.

Hoping to overturn the ruling, the three filed for a hearing of their case at the Supreme Court. Today this request was denied, meaning that the sentences as determined by the Court of Appeal are now final.

Peter Sunde, also known as Brokep, now awaits 8 months in prison. Fredrik Neij, also known as TiAMO, faces 10 months. Businessman Carl Lundström has the lightest sentence of 4 months. All will have to pay their share of a combined 46 million kronor ($6.8 million) in damages.

A fourth defendant, Pirate Bay co-founder Gottfrid Svartholm, was absent from the appeal hearings due to medical circumstances. Having also failed to appear at a subsequent hearing, it was announced last year that the District Court ruling of 2009 against him of 1 year in prison and a share of the damages would be made permanent.

“The verdict is absurd,” said Carl Lundström’s lawyer Per E Samuelsson. “I am disappointed that the court is so uninterested in dissecting and analyzing the legal twists and turns of one of the world’s most high-profile legal cases of all time.”

One of the defendants informs TorrentFreak that they will now appeal at the European Court of Justice. But this, however, won’t prevent the sentences from being executed in Sweden.

Today’s news doesn’t necessarily means that the defendants will have to go to prison. It is common in the Swedish justice system to deduct 12 months from any prison sentence on cases over 5 years old. Since the case in question meets that criteria the Pirate Bay defendants would qualify, but the decision lies with the court.

Even if denied, the Pirate Bay founders still have a few months of freedom before they are required to serve their prison sentences.

Source: Pirate Bay FoundersPrison Sentences Final, Supreme Court Appeal Rejected

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Guilty Verdict in Record-Breaking Swedish File-Sharing Case

No comments 01 November 2011 Under: Torrent News

Last month, a Swedish court heard the case against a woman accused of sharing 45,000 music tracks online. No other personal file-sharing case in the country had ever considered so many alleged infringements.

The case dated back to the 58-year-old’s alleged actions in 2007, although it took a full year after IFPI’s investigation for her house to be visited by authorities. During the search a Direct Connect client was found installed on a computer, complete with logs which were later shown to contain entries backing up IFPI’s investigation.

Prosecutor Fredrik Ingblad said that the defendant was guilty of sharing the tracks either deliberately or through criminal negligence.

The main point in the case from the defense, that the 58-year-old did not have the technical knowledge to understand that uploading as well as downloading was being carried out, failed to convince the court of the woman’s innocence, not least because she holds down the job of a systems administrator.

Yesterday the court found the northern Stockholm resident guilty of copyright infringement. She was sentenced to probation and an income-based fine equivalent to 50 days pay – 16,000 kronor, around $2,500.

Pirate Party founder Rick Falkvinge previously told TorrentFreak that due to the large amount of music being shared in this case, he feared that the prosecution and copyright holders would take the opportunity to up the levels of punishment handed out to file-sharers in future cases.

But in the event, considering the volumes involved the punishment is lower than in a case heard earlier this year when a 26 year-old was found guilty of sharing just 44 tracks but was fined 13,000 kronor, around $2,000.

Nevertheless, Rick is not happy – any fine is too much – and the fact that the defendant also has to pay for her public defender really bothers him

“I attended the trial. You could really see the entitlement in the prosecutor’s eyes; this was just an open-and-shut case,” he told TorrentFreak this morning.

“I find it staggering that the establishment can be so oblivious to the fact that this entire structure is disappearing, and judge honest people who share culture — as if that was something bad — without a second thought. We need to change these laws. The establishment is not going to do it for us.”

Pirate Party leader Anna Troberg is equally disappointed with the verdict.

“This case doesn’t have a victim of crime,” Troberg adds. “It has a victim of law.”

Source: Guilty Verdict in Record-Breaking Swedish File-Sharing Case

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Jail Sentence for Pirate Bay Co-Founder Made Final

No comments 14 October 2011 Under: Torrent News

gottfridNovember last year, the Swedish Appeal Court found three people behind The Pirate Bay guilty of contributory copyright infringement offenses. The trio were handed prison sentences and ordered to pay millions of dollars in damages.

One of the defendants in the original trial, Pirate Bay co-founder Gottfrid Svartholm, was not included in the verdict because he was absent from the court hearings due to medical circumstances. The Court of Appeal decided to schedule a separate hearing for him to take place at a later date.

However, setting a new date was proving difficult since Svartholm’s location could not be determined, not even by his lawyer Ola Salmonsson. The lawyer asked for the case to continue without his client present, but entertainment industry representatives demanded that the earlier District Court “guilty” verdict should be made final.

The Court of Appeal eventually decided to schedule a hearing last month, which continued without the defendant being present.

Today the Court announced that due to Svartholm’s failure to appear, the District Court’s ruling of 2009 against him will be made permanent. This means that the Pirate Bay co-founder is sentenced to a year in jail and his share of 30 million kronor ($4.48m) in damages.

This verdict stands and can no longer be appealed.

Peter Sunde, one of the three remaining defendants, told TorrentFreak that he is appalled by how the court handled this case.

“I think it’s kind of strange putting a guy into jail because he’s too sick to appear in court,” Sunde says. “Also, nobody is in contact with him, for all we know he might be dead since no-one can reach him.”

“This is actually a really bizarre step from the Swedish court – he’s found guilty because he can’t defend himself. Way to go, democracy. It will be interesting to see how they will actually try to find him and put him into jail. If he’s not alive – will they put his gravestone into a jail cell for a year?”

Sunde and the two other remaining defendants have decided to take their case to the Supreme Court. There they hope for a final decision in their favor, which Sunde is convinced will happen.

“In the end, we’ll win. I’m certain of that. It’s just that we don’t have the same lobby power as these groups we’re fighting. But the law is on our side, however what we’ve learned is that having the legal right is not the same as winning in court.”

“It all depends on who’s paying the judges,” Sunde concludes.

Source: Jail Sentence for Pirate Bay Co-Founder Made Final

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The Pirate Bay Loses Appeal, Admins Sentenced to Prison Time – DailyTech

No comments 29 November 2010 Under: Pirate Bay News

DailyTech
The Pirate Bay Loses Appeal, Admins Sentenced to Prison Time
DailyTech
The pair have been sentenced to prison time by a Swedish appeals court for their role in creating the immensely popular site, The Pirate Bay.
Swedish Court Rejects Pirate Bay AppealEscapist Magazine
Appeals Court Upholds Convictions of Pirate Bay OperatorsDigital Media Wire
Comics AM | Pirate Bay convictions upheld, digital piracy debatedComic Book Resources
Techzone360 -Westword (blog)
all 59 news articles »

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Comics AM | Pirate Bay convictions upheld, digital piracy debated – Comic Book Resources

No comments 29 November 2010 Under: Pirate Bay News

Comic Book Resources
Comics AM | Pirate Bay convictions upheld, digital piracy debated
Comic Book Resources
Legal | A Swedish court last week upheld the copyright convictions of three founders of The Pirate Bay, billed as “the world's most resilient bittorrent
The Pirate Bay Loses Appeal, Admins Sentenced to Prison TimeDailyTech
ISPs must play their part in stamping out piracyThe Guardian
Pirate Bay owners lose appeal, have their jail time reduced and their fines Geek.com
Inquirer -Business News Trends -All Access Music Group
all 51 news articles »

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MPA declares victory in Pirate Bay case – Inquirer

No comments 29 November 2010 Under: Pirate Bay News

PCR-online.biz
MPA declares victory in Pirate Bay case
Inquirer
"The Pirate Bay has flaunted the law while continuing to cause serious harm to the creative economy globally while generating substantial revenues for its
The Pirate Bay again the loser in Swedish court's revised rulingTHS News
Pirate Bay loses appeal for illegal file sharing caseEnternet.org
Pirate Bay founders lose court appealPCR-online.biz
IPKat (blog) -Staho -ZDNet Asia
all 39 news articles »

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The Pirate Bay again the loser in Swedish court’s revised ruling – THS News

No comments 29 November 2010 Under: Pirate Bay News

PCR-online.biz
The Pirate Bay again the loser in Swedish court's revised ruling
THS News
The Pirate Bay, arguably the world's most infamous name in file-sharing, took another hit at the Swedish appeals court on Friday when the court reiterated
Pirate Bay loses appeal for illegal file sharing caseEnternet.org
Pirate Bay founders lose court appealPCR-online.biz
Pirate Bay prosecution: appeal resultsIPKat (blog)
ZDNet Asia -Telecompaper (subscription)
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Pirate Bay loses appeal for illegal file sharing case – Enternet.org

No comments 28 November 2010 Under: Pirate Bay News

Moneycontrol.com
Pirate Bay loses appeal for illegal file sharing case
Enternet.org
By Staff Writer On Friday, Pirate Bay lost its appeal for three men while they were sentenced to higher fine. The appeal was made by Swedish subsidiaries of
Swedish court upholds conviction of Pirate Bay foundersThe Money Times
Pirate Bay founders lose appeal, jail sentences confirmedCNET UK
The Pirate Bay Founders Sentenced To Jail And $6.5 Million FineMy Gadget News
Gather.com -Netah -Seer Press
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Swedish court upholds conviction of Pirate Bay founders – The Money Times

No comments 28 November 2010 Under: Pirate Bay News

Moneycontrol.com
Swedish court upholds conviction of Pirate Bay founders
The Money Times
Pirate Bay is BitTorrent search engine which helps users locate pirated music, films, games,
The Pirate Bay Founders Sentenced To Jail And $6.5 Million FineMy Gadget News
Convicts of the Pirate Bay file-sharing case gets reduced jail timeNetah
Pirate Bay court ruling upheld: three sentenced to jailSeer Press
Ology -Digital Spy -WorldNewsVine
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