Pirate Bay Day 3 — Defense Requests Dismissal

Hodejo1 writes "Yesterday was a big day for the Pirate Bay when half of the charges against them were dropped leaving only the lesser charges of assisting making copyrighted material available in place. TorrentFreak is following the English twitter feed of the trial in the wee hours of the night, documenting more missteps by the prosecution. 'The Pirate Bay trial is moving forward rapidly and again the day in court has ended early. On the third day the prosecution presented the amended charges. The defendants all called for acquittal while Carl Lundström's lawyer scored points with the already legendary "King Kong" defense.'"

Comments

King Kong Defence?

[spankyofoz]

Tell me about the King Kong defence. Please compare and contrast it to the Chewbacca defence, to provide an adequate frame of reference.

Re:King Kong Defence?

[Anonymous Coward]

LOL...

"Newspapers immediately pointed out how the term already had acquired its own article on Wikipedia.[2][4]"

So it must be notable.

Re:King Kong Defence?

[RuBLed]

Per E. Samuelson
Ladies and gentlemen of this supposed jury, RIAA's attorney would certainly want you to believe that my client is assisting in these copyright infringement activities. And they make a good case. Hell, I almost felt pity myself! But, ladies and gentlemen of this supposed jury, I have one final thing I want you to consider. Ladies and gentlemen, this is KingKong. KingKong is a big gorilla who shares file from Cambodia. But KingKong lives on the fictional Skull Island with ninjas. Now think about it; that does not make sense!

RIAA Attorney
Damn it!

RIAA Exec
What?

RIAA Attorney
He's using the KingKong defense!

Per E. Samuelson
Why would a gorilla, a several stories tall Gorilla, want to live on Cambodia and fileshare from there, with a bunch of smaller and numerous human beings? That does not make sense! But more important, you have to ask yourself: What does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! Look at me. I'm a lawyer defending a major anti-shipping company, and I'm talkin' about KingKong! Does that make sense? Ladies and gentlemen, I am not making any sense! None of this makes sense! And so you have to remember, when you're in that jury room deliberatin' and conjugatin' the Emancipation Proclamation, [approaches and softens] does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense! If King Kong shares file from Cambodia, you must acquit! The defense rests.

Re:King Kong Defence?

[bhtooefr]

Metanotability, don't you love it? :P

Re:King Kong Defence?

[mysticgoat]

No car analogy comes to mind. I can, however, offer a Linux simile:

The King Kong defense is like when Linus told the New York Times: Really, I'm not out to destroy Microsoft. That will just be a completely unintentional side effect.
Interview with the New York Times, September, 2003

Not to put too fine a point on it: TPB's defense is that there has been no intentional collusion or activity linking anyone who has alledgedly infringed a copyright and any of the defendants in this case. So none of the defendants can be guilty of assisting in any of the alledged infringements. I think there is a good telephone analogy: you cannot hold any telephone company employees guilty of assisting someone who has been making obscene phone calls.

(This is worth repeating whenever possible. Apparently the defense lawyer managed to repeat "King Kong" some 80 times in his presentation. I bet that drove Sony and the prosecutors apeshit.)

Re:King Kong Defence?

[wrook]

OK. I only read half the page. But as far as I can tell, the King Kong defense is this:

1) Somebody flags your page for deletion
2) You counter by flagging the page for rescue
3) Then somebody says that it's current event and may be changing rapidly.
4) You suggest that the page be merged.

After that I'm confused (????) because I didn't read any more. But I'm sure the last step is "Profit".

I'm going to use this defense next time I write something for Wikipedia!

Re:King Kong Defence?

[srussia]

Except for the fact that Swedish trials does not normally employ jurors.

Exactly. Why would a lawyer be addressing jurors in Sweden, where there are no juries? It does not make sense! If there is no jury in Swededn, you must acquit! The defense rests.

Re:common

[pavera]

yeah but it sucks when all the *good* charges are thrown out on the first day...

Re:if you think it's over...

[MrNaz]

You mean Chewbacca crap.

Re:I hate to say it...

[Tr3vin]

The good news is that you don't need to fill your car up with entertainment to get to work.