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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.'"
It sounds to me like they pretty much arbitrarily choose the cost of damages in these bootlegging charges, and give bogus reasons for them. Considering that there exist pretty much no grounds for exacting justice legally, what happens if they are found guilty? What are the potential ramifications?
Would have been nice to see a link to the King Kong defense. Short version - the person uploading the files could be named King Kong for all they knew...
+++ UGUCAUCGUAUUUCU
Cochran : Ladies and gentlemen of this supposed jury, Chef's attorney would certainly want you to believe that his client wrote "Stinky Britches" ten years ago. 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 Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk. But Chewbacca lives on the planet Endor. Now think about it; that does not make sense!
Gerald Broflovski : Damn it!
Chef : What?
Gerald : He's using the Chewbacca defense!
Cochran : Why would a Wookiee, an eight-foot tall Wookiee, want to live on Endor, with a bunch of two-foot tall Ewoks? 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 record company, and I'm talkin' about Chewbacca! 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 Chewbacca lives on Endor, you must acquit! The defense rests.
If you intend to violate the law, and I know you intend to violate the law, and I purposefully help you do so, I can be charged.
If you present TPB with irrefutable proof that a given torrent file they host is to illegal content, and is only being used by people who intend to violate the copyright, will they take it down? No. They will leave it up, and call attention to it, thus most likely making it be used even more to violate copyright.
They are certainly not in innocent in a moral or ethical sense.
Wow. You really are happy being ignorant aren't ya? If you were talking about anything other than sound recordings you might have had a point.. a pathetic point but hey, at least you would have had a leg to stand on.. but when it comes to sound recordings the *exact* example that you made has been played out in the courts. "I don't want my song being used in jingles".. well guess what dipshit, the rest of us do, so we've passed a little law that says we don't need your permission. It's called statutory licensing.. it's right there in the post of the guy you're replying to. It means that I can use any song I like so long as I pay up when the royalty collection agencies come calling.. and the price those agencies charge? oh, it's set by legislation. The artist gets no say in the matter.
How we know is more important than what we know.