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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.'"

31 of 345 comments (clear)

  1. question by User+956 · · Score: 3, Insightful

    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.

    So if the charges are thrown out because there is no real law in Sweden precluding their activities, could they sue the prosecutor for malicious prosecution, or attempt to get him disbarred (much like the prosecutor in the Duke rape case)?

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:question by coryking · · Score: 2, Insightful

      The US judicial system is kinda like tech support tiers. You've got the Level 1 courts... you know "I broke into the 7-11 and here is the video to prove it". If the first tier guys cant solve it, it gets escalated up the food chain. Once it hits the supreme court, that means it is big shit - like "Is abortion legal?"

      Besides, what if the jury in my region is a bunch of racist hicks and I'm black? I can't appeal it to a higher, possibly more sane, court of law? In western europe, am I basically screwed?

    2. Re:question by KokorHekkus · · Score: 4, Insightful

      I'm not a legal professional in Sweden but AFAIK: if a prosecutor authorizes any action without legal reason they can be found guilty of official miscondut. This means that the state will have to compensate the party being hurt by that action and that the prosecutor may face fines and/or dismissal. However this is quite uncommon in Sweden since prosecutorial occupation isn't an elected position but more of a meritocracy based on convictions and if someone oversteps their boundries they're effectivly cutting their professional career short (and there isn't much of a political career to be made by being a legal professional here).

      In this case I suspect that they prosecution is trying out some rather uncharted legal territory in Sweden (the laws on infringement changed a few years ago and there haven't been that many cases) and if he/she fails then it will not count be much of a black mark but if there is a success then it will be feather in his/her hat.

      (It should be noted that the law in Sweden is a Civil Law system variation and does not put anywhere as much weight in precedents as a Common Law system and probably because of that there is less drive to redefine previous judgements)

  2. Re:huh by cdrudge · · Score: 4, Insightful

    Maybe they have presumption of innocence until proven guilty? Wish we had that over here.

  3. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  4. Re:Poor choice of name by Threni · · Score: 2, Insightful

    Why, do you think calling it the `offshore backup factory` or `bob's world of random numbers` would have resulted in anything different happening? This is just another example of the US meddling with the affairs of foreign countries.

  5. Re:Poor choice of name by RingDev · · Score: 2, Insightful

    If that were the case then I think BayOfPigs.com would have been much more appropriate.

    -Rick

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  6. Lets be real here by blhack · · Score: 2, Insightful

    I've used TPD, we all have. However, you really cannot argue that they aren't facilitating the trade of copywritten media. If I build a building and call it "Thieves Depot" and intentionally provide an area for thieves to trade their ill-gotten wares, I'm helping their cause. /what is this NNTP jazz.... //!holy! NOTHING TO SEE HERE, MOVE ALONG!

    --
    NewslilySocial News. No lolcats allowed.
    1. Re:Lets be real here by Anonymous Coward · · Score: 1, Insightful

      I've used the Internet, we all have. However, you really cannot argue that it doesn't facilitate the trade of copyrighted media.

      Ban the Internet!!

    2. Re:Lets be real here by Anonymous Coward · · Score: 1, Insightful

      OK, let's be real then. If I purchase a product, do I really have to use it just the way the seller wants me to? I say no. Screw those shrink-wrapped license agreements. I don't buy the argument that they have a damn thing to do with "consumer protection." They're for consumer control to maximize profits. That means to get as much money from us as they can. Just because it's the status quo doesn't mean that it's right, or reasonable, or something I have abide by.

      I think the media giants are the real pirates. Those behemoths need to go the way of the Sauropods. If the industry can't survive off $300 million box-office receipts and $125 per ticket stadium-packed world tour concerts then too bad. Even if the "total anarchy" caused by a restructure of copyright law/enforcement, brings us such images as the Tower Records building sinking beneath the waves after being razed by "pirates," or John Travolta driving a Hyundai because royalties slowed to a trickle from "Face Off" and "Broken Arrow," or members of yet another corporate emo band forced to actually "work" for a living because Sony BMG's brainwashing marketing machine is broken. Boo-fucking-hoo. I'm getting tears in my eyes just thinking about it.

      Bottom line is that the entertainment industry is ripping off the world. They're making the public pay for a product over and over and over again. They make a movie and have their investment money + exhorbitant profit 4 months after it opens. We paid for it. If I want to watch it in my home on my own equipment, and procure it at NO cost to the industry, then I should be able to legally do that. Until then, they can call it theft or piracy or bloody murder for all I care. They have huge lobbies to influence government, can you even name one consumer entertainment advocacy group that's not two-timing with entertainment execs? This is grassroots civil disobedience on a monumental scale. Don't let them, of all the people in the world, dissuade you with a moral argument.

  7. If they get busted... by Tatisimo · · Score: 2, Insightful

    Another 3 or 4 groups will form from the leftovers. Happens when a big company goes down. The scapegoat goes to jail, and the ones who remain free start anew. From the ashes of the Pirate Bay I foresee, in the rare event that the lawsuits go far, "The Ninja Village" where stealth and privacy are first.

    --
    Give Kashyyyk back to the Wookies
  8. Re:P2P That's Out Of This World! by rewt66 · · Score: 2, Insightful

    They would be prosecuted by the American military's satellite-killer missiles.

    Sadly, I'm not entirely sure that I'm joking...

  9. More Internet Whack-a-Mole games by zappepcs · · Score: 4, Insightful

    While this case may well end up bad for TPB (unless they can show that the MPAA was involved) it won't stop the next group from starting a TPB-like service. It will take more money than its worth to keep shutting down copyright infringement systems and people who use them.

    In the end, DRM does not work, won't work. What the entertainment industries need to do is come up with a better product, better pricing, or both. They are trying to sell content to an audience that has about a 16 second attention span, and they haven't really done anything to deserve that full 16 seconds never mind something to convince people to spend their money in the way that the **AA wants them to. Despite any legislation that might be enacted or in place now, people will keep doing what they are doing. Until the entertainment industry changes their business plan the only thing that they have to look forward to is more court time and cost, more loss of face to the public, ever decreasing revenues.

    Whether that is fair or not is now a moot point. It's happening, and all the **AAs of the world seem to be doing is fanning the flames that are lapping at the foundations of their business. There have been a few positive changes so far, but that is far outweighed by the harm they are doing to their own businesses. IWaM(tm) won't ever work, it's a suckers game, not much better for the player than 3 card monty. Sure, TPB might be in for some 'rough seas' in the coming months, but while everyone is busy with that case, more file sharing will continue unabated. Until the entertainment industries learn that they are behaving very foolishly and get on with creating real value products to earn revenue with, they will continue to burn bridges with the public, their customers, and their shareholders.

    Good luck to them, they are going to need it to avoid having to learn the 'did you want large fries with that' sentence.

  10. Re:bets? by TheChromaticOrb · · Score: 5, Insightful

    No, you don't get your TV shows from them, as Pirate Bay is "only" a bittorrent tracker. It would be like saying you get all your take-way food from the yellow pages.

    --
    Note to self: get a sig.
  11. More of the same crap, just a differnet country! by gen0c1de · · Score: 2, Insightful

    I always enjoy reading stuff like this. They raid the data center of TPB and take all the servers even if they weren't related to the torrent site. This caused a lot of grief and promoting it as a victory against illegal downloading. But really how long was TPB down for? Two or Three days at the most and now they likely have a few backup sites ready to go live if they try to take them down again. Now fast-forward a year from then and they are only now wanting to press charges, give me a break. All they are doing now is going to waste money to say "Hey, look **AA, we are actually doing something about the problem!" but realistically lets call this what it really is, a dog and pony show.

  12. Maybe I'm Wrong by Overly+Critical+Guy · · Score: 2, Insightful

    Maybe I'm wrong, but I get the impression that Slashdot, and the majority of its readers, are on the side of the Pirate Bay. I know Digg is--it's full of high school age readers who do nothing but download music and games all day while bashing the RIAA to justify it. But why do so many Slashdotters seem to be in favor of ripping off artists, programmers, writers, directors, and so forth? All I ever see in response are lame critiques of copyright law (especially since the GPL relies on copyright law) or more bashing of the RIAA ("The RIAA made me do it!").

    Am I alone in actually paying the programmers, musicians, and directors for their work? Or am I outnumbered by the freeloaders who contribute nothing back to the artistic community, furthering its descent into homogenization and sequel-itis as studios are forced to rely on tried-and-tested money-makers because piracy makes risky investments not worth the cost? Haven't you guys made the connection as to why popular music today sounds the same, movies are sequels or generic snoozefests, and software is the same repackaged sports game from EA or expansion pack for the B-level game you already bought last year?

    --
    "Sufferin' succotash."
    1. Re:Maybe I'm Wrong by HomelessInLaJolla · · Score: 5, Insightful

      Am I alone in actually paying the programmers, musicians, and directors for their work? If you're actually paying the programmers, musicians, and directors then, yes, you probably are pretty close to alone.

      From the Constitution:

      To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries Current copyright law does nothing to prevent original authors and inventors from profit seeking businessmen.
      --
      the NPG electrode was replaced with carbon blac
    2. Re:Maybe I'm Wrong by Jarjarthejedi · · Score: 4, Insightful

      Heh...I'm one of those people who don't buy anything from the RIAA or MPAA (or whatever they're called) but also don't pirate from them. You're absolutely right in that today's music and movies are very uncreative, but that started happening long before pirating became big enough to make creativity more risky. The simple fact is that the current music/movie industry has become too bloated to produce anything really good, baring a few exceptions (and by few I mean probably about 5-10 per month, which is a tiny percentage). The gaming industry is starting to get there too sadly enough.

      The problem with music/movies isn't that everyone's pirating them and so no one's paying, it's that no one's watching/listening to them and so no one's paying. The last 3 movies I've been too (all within a week of release and pretty medium hype levels) haven't even come close to filling the theaters. The industry is just too bloated and until it cuts itself down again it's going to be bleeding money from the people who just don't care about it and have found a new hobby, piracy is just the excuse because they refuse to believe that Barbie's Magical Horse Adventure The Movie II won't sell big bucks even if no one pirated it...

      --
      There are two kinds of fool One says 'This is old therefore good' Another says 'This is new therefore better'- Dean Ing
    3. Re:Maybe I'm Wrong by Anonymous Coward · · Score: 3, Insightful

      Or am I outnumbered by the freeloaders who contribute nothing back to the artistic community, furthering its descent into homogenization and sequel-itis as studios are forced to rely on tried-and-tested money-makers because piracy makes risky investments not worth the cost?

      You are outnumbered by people who couldn't or wouldn't afford to pay these communities in any case. If crap like sequels and sound-the-same music is what you consider "money-makers" then the problem is with your type for continuing to pay for that shit, not the freeloaders.

    4. Re:Maybe I'm Wrong by Mathinker · · Score: 5, Insightful

      > especially since the GPL relies on copyright law

      Yeah, we see the FSF lobbying for copyright extension all the time. Face it, in the eyes of the FSF, copyright is an evil which they have decided to pervert for good.

      > Am I alone in actually paying the programmers, musicians, and directors for their work?

      No, I pay them directly, it's just the (big) labels which don't get my money. Of course, this seriously limits the kind of media I watch and listen to, but I'm not a big media consumer, and there's a lot of interesting indie content out if you look for it.

      > as studios are forced to rely on tried-and-tested money-makers because piracy makes risky investments not worth the cost? ...
      > Haven't you guys made the connection as to why popular music today sounds the same

      Frankly, judging by how they treat the artists, I have the impression that they feel any jerk they pick off the street can be marketed into the next big hit. And because they are most likely using research on the current market preferences to decide what to push, it's no wonder that their product evolves very, very slowly.

      And yes, I am on the side of The Pirate Bay, considering that what they do is, as far as I know, perfectly legal in Sweden.

    5. Re:Maybe I'm Wrong by fonik · · Score: 3, Insightful

      It is completely irrelevant to me what US laws Pirate Bay broke. I support them because they are in Sweden. China can't arrest me for criticizing them, Mexico can't arrest me for not paying Mexican federal taxes, and Saudi Arabia can't arrest me for shaving my beard. Why can the MPAA coerce the Swedish police to conduct raids in accordance with US copyright law?

    6. Re:Maybe I'm Wrong by Opportunist · · Score: 2, Insightful

      Not just Spain. In a lot of European countries you pay that "*AA tax". But that doesn't mean you're entitled to be able to copy or even allowed to.

      What bothers me most about it isn't the few cents per CD. It is the assumption that I will use said CDR to duplicate copyrighted content. Guilty until proven innocent.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Maybe I'm Wrong by NormalVisual · · Score: 3, Insightful

      But why do so many Slashdotters seem to be in favor of ripping off artists, programmers, writers, directors, and so forth?

      In my particular case, I don't really copy stuff to any great degree, but my purchases of movies and music are way down in large part because of the shambles of copyright law that the corporate world has made, enabled by their bought-and-paid-for representation in Congress.

      Unlike the "theft" the entertainment industry (and the occasional self-righteous, annoying stuntman) is constantly whining about, every American citizen has suffered real, quantifiable theft in the form of having works of art withheld from public domain with no real expectation of them *ever* losing protection, in direct contradiction to the stated purpose of copyright. There's not a single good reason why anything recorded by the Beatles should still be under copyright, nor "The Godfather", "Jaws", "Star Wars", the original 79 episodes of "Star Trek", or any number of other works which have already made their creators unbelievably wealthy. The original 14-year copyright term was quite reasonable and would still provide an artist a reasonable period of time to realize some material benefit from his works. As it is now, it's quite possible for someone to be born, live a long natural life, and die without ever having seen a lot of works ever go out of copyright. I don't believe anyone can argue that the original intent of the Constitution's founders was the travesty we have now, and do it with a straight face.

      The recording and music industries have stolen vastly more from the public through this mechanism than the "losses" they're suffering, so I don't feel the least bit sorry for them in regards to their current infringement issues.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    8. Re:Maybe I'm Wrong by bberens · · Score: 5, Insightful

      I take it that it never occured to you that Sweden has copyright laws? As does nearly every other country on Earth?
      It occurred to me. It also occurred to me that if the Pirate Bay had broken the swedish copyright laws that Sweden would deal with it. It would NEVER occur to me that if someone in Sweden broke an American law that the Swedish government would prosecute them for it. Does that mean that whenever I see someone spit gum out on the sidewalk I can cane them because that's the law in Singapore?
      --
      Check out my lame java blog at www.javachopshop.com
    9. Re:Maybe I'm Wrong by Kjella · · Score: 2, Insightful

      Most slashdotters concede that regardless of what should be copyright law, or what is, many consumers download illegally as "try-to-buy" situation, and that illegal filesharing actually does translate to sales in some cases, (though we don't have any accurate measurements of this translation).
      That it in some cases function like free samples, which leads to followup purchases I can buy. That it sometimes works as advertising, where you tell family and friends so they make purchases I buy. That it let you keep up with that TV show you missed some episodes of and kept you as a viewer I can buy. But if you've gone through the trouble of finding a good version on P2P networks, how many people seriously say "Hmm, now I got it which was free but not convienient. I could buy it, which would be convienient but not free. Oh wait, I know! I want it neither free nor convienient."? I honestly can't believe that's very many...
      --
      Live today, because you never know what tomorrow brings
    10. Re:Maybe I'm Wrong by TheVelvetFlamebait · · Score: 2, Insightful

      Ah, but which is the real straw man, the pirating or the **AA? The pirating is by no means an integral part of taking down the entertainment industry. In fact, one would think they were (almost) mutually exclusive, since you would be less likely to appreciate what they produce. It should be trivial to not pirate, or to stop pirating.

      I don't think that's the case. According to a recent Slashdot poll, most people here pirate, many frequently. However, if we look at the situation in reverse, badmouthing the industry is integral to pirating, if you want to maintain a moral high ground. You can't rip 'em off and be moral about it, unless you hate them. Wouldn't this explain a correlation between piracy and hating the **AA?

      I'm not saying the **AA don't deserve this treatment (they do, IMHO), but there are artist who are suffering as collateral damage. And the situation isn't going to get any better if we confuse strawmen.

      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  13. Re:Poor choice of name by xero314 · · Score: 2, Insightful

    [the Pirate Bay raid] was...ordered by the USA. Read up on the backstory. You have anything to back that up. Anything at all. Heck I'll take links to blogs, since that would at least be something. If you have a credible source I'll even apologize. I'll buy into it that US backed companies lobbied the US to request that the UN enforce international copyright law, but I don't think you will find a credible source supporting any idea that their was some US order to the close down The Pirate Bay.
  14. This highlights the sad state of free speech by Xest · · Score: 2, Insightful

    Whilst I certainly understand why you say that, it's sad that that is something that is said.

    I'm not particularly old, I'm 24, but even in my lifetime, in the last few years since I've started taking notice of the world I've seen free speech on the internet as something that's slipped away at a worrying speed.

    To get to the point, naming a site like "The Pirate Bay" doesn't necessarily infer that they're guilty of any crime. If I were to make a site with a tongue in cheek name "The gun murderers hideout" which could contain information about various guns and such should I be arrested for killing someone with a gun? The argument holds with TPB, just because they're providing materials that can potentially aid infringement doesn't mean they're necessarily guilty of a crime.

    Perhaps what I find the most worrying about this change in people's view is that I wonder if perhaps the MPAA/RIAA have achieved more than we'd like to believe, with their attacks on piracy, coupled with many media outlets being incapable of correctly reporting on the issue people are beginning to give ground to the corporations who are slowly taking away our right to free speech.

    For a good example of the media's misreporting see The Register's coverage of the HDDVD fiasco - they even make the mistake of suggesting it's all about piracy, it's a sad state of affairs when a site that previously understood the problem now unfortunately is part of the problem.

    There is some hope however as the HDDVD key situation has proved, there's still plenty of people out there willing to fight the good fight, coupled with the RIAA's increasing amount of failures in court we're slowly pushing back.

  15. Mod parent half troll! by Spy+der+Mann · · Score: 3, Insightful

    I could classify you as a "lawful good" person who always abide by the law but unfortunately doesn't see beyond "lawful / unlawful".

    The RIAA and MPAA have become somewhat an evil empire where they only care about money. They rip off the artists they hire because they're a monopoly. If an artist doesn't want to sell his soul to the RIAA and produce / sell his own music, he'll be forgotten into oblivion.

    Why? Because he gets no publicity, no tours, no airtime on the radio, no nothing. Simply because he didn't want to accept to get only 0.2 cents per CD sold.

    It's something called the Status quo. Regarding myself, I am against the RIAA for various reasons:

    1) They're the devil incarnate for their monopolic practices
    2) They don't let us record our music CD's into MP3
    3) They have pushed the congress to make anything that helps 2) Illegal
    4) They abuse their economic power to force OTHER COUNTRIES to adopt their twisted view of the law
    5) They don't give a **** about our property when they install rootkits in our computers
    6) HAVE YOU FORGOTTEN THAT THEY'RE SUING THOUSANDS OF INNOCENT PEOPLE FOR THOUSANDS OF DOLLARS EACH?

    In my personal opinion, anyone who buys RIAA-sponsored CD's is doing evil. I would rip a CD of my favorite group and deposit 1 dollar to the artists, which is much more than they get from the RIAA per disk. But guess what, that's why there are LEGAL DOWNLOAD SERVICES. Unfortunately, the revenues of these also go to the RIAA and not to the groups directly.

  16. Pirate Bay Support. by nurb432 · · Score: 2, Insightful

    "majority of its readers, are on the side of the Pirate Bay"

    And why shouldn't we? The industry is harassing a entity in a DIFFERENT COUNTRY for doing things that ARE LEGAL there. No different then us supporting someone's freespeech here who is being harassed by, lets say Australia. ( another recent story here )

    Or do you suppprt some corporate entity enforcing their perverse ideas onto people somewhere else, and acting like they are some sort of twisted law enforcement arm?

    And if you truly believe that copyright piracy really makes a dent in the obscene profits they make by shaking down and intimidating the artists, then you got your facts a bit backwards and are buying into the falsehoods being spread by the industry.

    --
    ---- Booth was a patriot ----
  17. Re:Some interesting hypocrisy by Watson+Ladd · · Score: 2, Insightful

    The United States forgot to put in that it's not terrorism if you are on the payroll. ex. Cambodia, Vietnam, Cuba, Palestine, Iran, Argentina, Chile, Bolivia, Venezuela, Haiti, Hawaii, Florida, Saudi Arabia, Italy all suffered from American terrorism.

    --
    Inventions have long since reached their limit, and I see no hope for further development.-- Frontinus, 1st cent. AD