Prosecutor Announces Charges Against Pirate Bay
paulraps writes "Almost a year after a police raid on the Pirate Bay's servers, a Swedish prosecutor has announced that he intends to press charges against the individuals behind the file-sharing giant. They will be prosecuted for various breaches of copyright law, reports The Local. But a Pirate Bay spokesman was defiant, saying, 'I think they feel they have to do it. It would look bad otherwise, since they had 20 to 30 police officers involved in the raid.'"
If they are going to press charges, why is the pirate bay still up? Shouldn't the first step be to shut it down?
you generally need to prove charges before issuing a sentence.
upon the advice of my lawyer, i have no sig at this time
They did.
The police emptied the entire server hall which hosted the pirate bay. They shut down the pirate bay, and a large number of totally unrelated companies who just happened to have their servers in the same server hall.
"The pirate bay" was restored from backups to new servers (located abroad) a couple of days later. Some of the other companies previously hosted in the server hall had to wait months before their systems were fully up and running again.
Same thing here in Sweden, as in pretty much every system. First, the case goes to the local court, tingsrätten. If you are unhappy with the verdict, you can appeal to the regional court, hovrätten. From there you can appeal to the supreme court, högsta domstolen, who only take cases they reckon will have bearing on future cases. This particular case might very well end up there.
Juries, however, are only used in cases concerning freedom of speech. In other cases, the local court's (tingsrätten) decisions are made by one or two judges and three or four "nämndemän". These are sort of like jurors, except they are appointed for the duration of a political term (four years) and are typically locally active politicians. The nämndemän and the judge(s) together decide whether the defendant is guilty and what the consequences should be.
...ceterum censeo Carthaginem esse delendam.
As I guage it there are a few key bones most
Sorry, we're not a bunch of corporate hating communist hippies, most of us just have the common sense that the corporations involved seem to lack. So don't act like you're morally superior or something... equating the slashdot crowd to the hysterical prepubescent throng that constitutes Digg is a bit... insulting.
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