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The Pirate Bay Is Being Sued Again

BuR4N writes with news that 10 US movie companies have filed a suit in Swedish civil court seeking to shut down The Pirate Bay and impose a fine on its three former operators, Fredrik Neij, Gottfrid Svartholm Warg and Peter Sunde, as well as the site's bandwidth supplier. Speaking to TorrentFreak, Sunde said, "It's another day in the whole soap opera of TPB. They're suing us in Stockholm where none of us live. They're suing us over something which we don't own. I think the most funny part of the whole suit is that they just write: 'Reservella is a company run by Fredrik Neij' — out of 40 pages of paper that's all they have to say, and it's so wrong. They have no paperwork to back it up." Meanwhile, plans for The Pirate Bay to be sold to Global Gaming X seem to have stalled.

33 of 224 comments (clear)

  1. Surprise Surprise. by gubers33 · · Score: 5, Insightful

    More big media companies going after money. Maybe it is just my thought but why can't American companies just bother the Americans and not everyone else. This is why people hate us!

    --
    Just because you are wrong and I called you out on it doesn't mean I am a Troll.
    1. Re:Surprise Surprise. by jonnythan · · Score: 4, Insightful

      Well, they're not really just "American" companies when their products are bought, used, and viewed all around the world.

    2. Re:Surprise Surprise. by Gizzmonic · · Score: 3, Funny

      More big media companies going after money. Maybe it is just my thought but why can't American companies just bother the Americans and not everyone else. This is why people hate us!

      This is why people hate us? I thought it was because we peed on their rug.

      --
      (-1, Raw and Uncut is the only way to read)
    3. Re:Surprise Surprise. by Kratisto · · Score: 5, Insightful

      Quiet, you! As long as they're distracted by the Swedes less poor American college students will be sued.

      --
      Conscience is the inner voice which warns us that someone may be looking.
    4. Re:Surprise Surprise. by TooMuchToDo · · Score: 5, Insightful

      True. But didn't the media companies attempt to force the Swedish government to change their laws to fit said media companies' business model? *That* is far beyond what should be permitted.

    5. Re:Surprise Surprise. by theJML · · Score: 4, Funny

      Well, that rug did really tie the room together.

      --
      -=JML=-
    6. Re:Surprise Surprise. by commodore64_love · · Score: 4, Informative

      Not when you live under fascism...... ooops, I mean "corporatism" where the government represents the corporate lobbyists, rather than the people. Sweden's leaders are just following the path of least resistance, which is to say "yes" to whoever donates the most money to their next election campaign.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    7. Re:Surprise Surprise. by SirEel · · Score: 3, Insightful

      I find it interesting that so many people like american tv so much, I can never see the attraction of bad actors and poor plots even when the show does have an un usefully large budget. Of course, being british, I am going to claim that Doctor Who is the best tv series ever, even when the originals had wobbly cardboard sets and being alien mostly meant wearing funny clothes. Good times.

    8. Re:Surprise Surprise. by ZeroExistenZ · · Score: 4, Funny

      I have modpoints, I'll mod this up!

      --
      I think we can keep recursing like this until someone returns 1
    9. Re:Surprise Surprise. by easyTree · · Score: 4, Insightful

      In the wondrous future which awaits, every legal and valid activity will thankfully be taxed by our glorious leaders so that they may better protect us from ourselves.

    10. Re:Surprise Surprise. by tnk1 · · Score: 3, Insightful

      I am not on their side, but why would they *not* try and change Swedish laws though normal lobbying methods? It's not like merely trying to change laws is supposed to be some sort of nefarious activity, even if it is only being done for your own benefit.

      These companies sell stuff in Sweden, and more importantly, there is a big fat nest of so-called "pirates" there. So, it's not like they lack standing in pursuing these cases due to certain trade agreements. According to their mindset, some of them might even actually believe that this is costing them money. So why would they just say, "oh it's in Sweden, I guess we can't do anything about it, despite these things called treaties. We wouldn't want to be labelled imperialists or anything."

      What should happen is that they are allowed to try, and then they should fail on the merits. It's not like they have a Marine Exepditionary Force and a Carrier Battle Group waiting off the coast to enforce the will of these companies. There are probably more than a few Swedes that even sympathize with them.

      I think it's important to not start getting so wrapped up in our own viewpoint that we forget that our adversaries can act in a legitimate manner too.

    11. Re:Surprise Surprise. by Vovk · · Score: 3, Informative

      In English law, theft was codified into a statutory offence in the Theft Act 1968 which defines it as:
      "A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it". (Section 1)

      Victoria - Australia North and south
      Intention to permanently deprive - defined at s.73(12) as treating property as it belongs to the accused, rather than the owner.

      Canada
      person steals a thing if he or she takes or converts it fraudulently, without colour of right and with intent to deprive the owner of it, either permanently or temporarily.

      There's a pattern forming here. I'm fairly ceratin US law would be similar, but theft is defined on a state level so i'd rather not post them all. Copying leaves the original owner with whatever they had. No intent to deprive the owner of use exists.

    12. Re:Surprise Surprise. by commodore64_love · · Score: 4, Insightful

      Yeah basically.

      Plus piratebay doesn't have enough money to outspend the billions the MAFIAA and other megacorps spread liberally to politicians' reelection campaigns, so even if piratebay lobbied it would be for null: - The politicians will listen to the biggest contributors, not the small ones. Isn't corporatism fun?

      I for one do Not welcome our corporate overlords.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    13. Re:Surprise Surprise. by easyTree · · Score: 3, Insightful

      what are we missing here?

      Brain implants such that all enjoyment may be monitored at the point of experience and an audit trail constructed.

      Good citizens should not shirk their responsibilities to the state by enjoying their response to a stimulus for which they have not been taxed.

    14. Re:Surprise Surprise. by Hojima · · Score: 4, Interesting

      This is pretty much why I support pirating. Yea, it is stealing, but you know what? Fuck them. They have enough money to run the world and they're still not satisfied. I'm not going to give them one red cent when they're exploiting the work of everyone else while thinking that they deserve everything. Want a solid example of the assholes you think might suffer because of copyright violation? My super sweet 16 (I've never seen a full episode because it gets me so pissed). All those spoiled little shits that cry when they only get 3 fucking sports cars will grow up. And when they do, their shitty little attitude and ineptitude for anything short of doing what it takes to get what they want will stay with them. Quite frankly, holding back their revenue through theft is the only way to truly make a difference, or at least prevent things from getting more sour.

  2. The US is seeking money within the EU? by BlueKitties · · Score: 4, Funny

    I'm sure it's only a matter of time before the EU imposes a fine on these movie companies for anti-competitive behavior.

    --
    "Sorrow is better than laughter, for by sadness of face the heart is made glad." [Ecclesiastes 7:3]
  3. Geniuses or Morons by bryan1945 · · Score: 5, Insightful

    The 'content' companies are either geniuses or morons in how they throw lawsuits out like last year's fashions. If some stick, win! If not, raise prices or sue another grandma. I don't know Swedish law or how the court system works, but from the summary (no, I did not RTFs) this sounds like a wild shot in the dark.

    I do not believe in piracy, but I also do not believe in the 'content' companies policies, rules, or regulations. Exactly why do we still need region coding on DVDs? At least I still have my local library to rent (for free, well, except for local taxes) books.

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
  4. You can't do that... by Monkeedude1212 · · Score: 3, Interesting

    They keep throwing arond "They're suing us over something which we don't own" - if I make alot of money through a company I own which is involved with illegal behaviour - selling the company does NOT strip you free from all crimes.

    Yeah, they're taking alot of flak from just about everyone around the world, but only because they're so smug about what they're trying to get away with. They're just getting what they deserve.

    1. Re:You can't do that... by Co0Ps · · Score: 5, Insightful

      They havn't commited any crimes or "illigal behaviour". Unless you're talking about the extemly vague "participation", according to a judge with none to small insight in how the their technology worked, that was biased (according to common sense, he was a member of a copyright organization), in a trial that spawned from an investigation by a cop that quit and got a job at Warner Bros.

      TPB is hashmapping files and tracking what hashes diffrent IP addresses downloads. Since they where not publishing, nor distributing, any material, they had no obligation to filter it. Linking is not a crime.

      By selling the company they where actually doing the industry a favour, trying to make it more compliant. Two things could happen, it could either transform into something better, or it would be the death of TPB (most likely). Both scenarios are favourable by the industry. But since the distributors rather kill themselves than ever regonizing anything that could spawn out of the pirate community, they choose to sue them some more, kick them while they're laying down.

    2. Re:You can't do that... by tekrat · · Score: 4, Insightful

      They are involved with "illegal behavior"?

      So, when a stolen laptop gets sold on eBay, why isn't the CEO and Board of Directors of eBay hauled off to jail? Why hasn't the owner of the stolen laptop sued the pants off eBay? Isn't eBay involved with "illegal behavior"?

      ebay just facilitates the sale between teo individuals. eBay does "sell" the item, nor do they "warehouse" or "own" the item.

      Similarly, The Pirate Bay doesn't "host" the file(s), movies, MP3s, or anything. They facilitate a transaction between uploaders and downloaders, but TPB doesn't "own" the file, doesn't sell the file, doesn't "warehouse" the file.

      If TPB is involved in "illegal behavior", then similarly, eBay is just as involved, and perhaps even more so, as eBay deals in tangible physical property that can be "stolen", but I don't see an army of lawyers queueing up to go after eBay.

      --
      If telephones are outlawed, then only outlaws will have telephones.
  5. Today's youth can learn a lesson from these guys by tomzyk · · Score: 5, Funny

    I think the most funny part of the whole suit is that they just write: 'Reservella is a company run by Fredrik Neij' -- out of 40 pages of paper that's all they have to say...

    Wow. In highschool, I always thought expanding a 3-page term-paper into a 4-page term-paper was kinda rough, but could always be done by tweaking the font-size (ie. 13pt instead of 12pt) or line-spacing (ie. 2.1 instead of standard double-spacing)... but turning 8 words into a 40 page document?!? I am humbled.

    --
    Karma: NaN
  6. Sigh by Co0Ps · · Score: 4, Insightful

    Not really a smart move by the movie industry. TPB is currently trying to transform into something more cooperative. Probably something that even the movie industry could strike a deal from. Suing would only make this process more difficult, halt it or even prevent it. But that's hardly a suprise as they are arrogant and doesn't hesitate one bit to play the legal card rather then making the slightest effort to adopt to the new digital era. Thanks to the last trial, Sweden now have a Pirate Party politican in the europeean parlament. I wonder whats next.

  7. The leaders are out of control by commodore64_love · · Score: 4, Insightful

    "All experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable,
    than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. -- The history of the present is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over [the citizens]. The government has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance."

    I say

    -revolt. The is NO natural right to stop someone from copying your book, or song, or filmed play. The only natural right is the right to lock it into a safe and hide it from view, but you do Not have a right to stop someone from using their own pen-and-paper, or tape recorder, or computer, however they desire. It's THEIR property, not yours.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    1. Re:The leaders are out of control by commodore64_love · · Score: 4, Insightful

      P.S.

      The government grant of license to an artisan is a *privilege* not a right, and only a temporary one at that.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  8. i smell profit! by castironpigeon · · Score: 4, Funny

    I bet TPB could make a killing selling the rights to this saga/soap opera/farce to Hollywood to make into a movie. ...and then they could index the torrent for it.

    --
    mmmm...forbidden donut
  9. Piss the Corporate Overlords off... by GPLDAN · · Score: 5, Interesting

    Remember TPB had a link right off the home page of correspondence? It was with lawyers from Sony BMG, and other places. Usually it was a legalize Cease and Desist type letter.

    The TPB guys would usually respond with some really funny snarky shit. Like "Dear Sirs, here in Sweden we think your shit attitude needs to get bent over a stool."

    In some cases, they would piss the other side off so much they would drop the formal language and start spewing, like "you little shits, we're gonna find you and shut your asses down." It was hilarious to read them simply pissing on the leather shoes of expensive lawyers and telling them to fuck off.

    Well, you do that enough and you get high on powerful enemy hit lists. Don't kid yourself, power multinationals bought off that Swedish judge and make this into a kangaroo court. It's probably one of the biggest travesties of justice of all time, the slope is so fucking slippery. They may as well sue the IETF or ARIN for giving out IP addresses to enable piracy. That's how egregious the law was twisted for the interests of powerful capitalists.

    Now? Now they are laying on the hurt to teach the world a lesson.

  10. He who has the gold rules by Brain-Fu · · Score: 5, Insightful

    "Intellectual Property" (sic) has just become the most valuable thing on the planet. So, naturally enough, the wealthier portion of humanity wants to own and control most of it.

    It is also "abundant," (can be replicated infinitely, by anyone, at zero cost).

    So, as we have seen before, the wealthy destroy this abundance by passing laws to create artificial scarcity. They have every incentive to do this.

    The flippant public attitude that TPB is showing will not protect them from the wrath of the rich.

    I will add....America has very few exports now. IP is basically it. So, it is in the interest of America's wealthy to impose strict IP laws (and hence artificial scarcity) all over the planet.

    It isn't that they refuse to listen to reason....it is that they are following their obvious incentives to their logical conclusions. Expect more. Much more.

    1. Re:He who has the gold rules by commodore64_love · · Score: 4, Insightful

      >>>It is also "abundant," (can be replicated infinitely, by anyone, at zero cost).

      You really hit the nail on the head with that sentence. Once a book, song, or movie exists, it can be mass-produced at zero cost. It's the ultimate product where the "economy of scale" has no limit. It's an infinite value.

      For example if Disney could convince every person on earth to buy "Fantasia" from itunes.com, they would have made 6 billion customers times ($10 minus $5 for apple's cut) == $40 billion in profit. And every time a new baby is born, Disney gains a new customer, and they can replicate Fantasia for even more money.

      Pure profit.
      No cost.

      No wonder businessmen are falling all over themselves to protect their exclusive distribution privilege, and kill bittorrent.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    2. Re:He who has the gold rules by spinlight · · Score: 3, Informative

      I will add....America has very few exports now. IP is basically it. So, it is in the interest of America's wealthy to impose strict IP laws (and hence artificial scarcity) all over the planet.

      What did you say your sources were for this?
      The United States is the 3rd Largest Exporter in the World. The Top 10 Exports from the United States are:

      • Transportation Equipment
      • Chemicals
      • Computer & Electronic Products
      • Machinery, Except Electrical
      • Petroleum & Coal Products
      • Miscellaneous Manufactured Commodities
      • Electrical Equipment, Appliances & Components
      • Food & Kindred Products
      • Plastics & Rubber Products
      • Fabricated Metal Products

      While it is true that the United States has a trade deficit, it is not for lack of exports. Which is to say, there is no excuse at all for the media companies to push for stronger Imaginary Property laws, except that they want a larger piece of the, relatively very large, exports pie. This is pure greed. To frame it as a survival response lends credibility to their arguments that they do not have.

      --
      "I do not avoid women, Mandrake . . . but I do deny them my essence." - Gen. Ripper
  11. Hmm ... not being sued in the US by Pool_Noodle · · Score: 4, Interesting

    I find it mildly amusing that this group of movie studios isn't suing TPB on US Soil, no instead these companies have to take their embarrassing freak show of Illegally obtained evidence, overzealous lawyers, and greedy "businessmen" to a country where none of the players reside just to try and "stop the evil criminals". Simply put, enough is enough, I'm not defending TPB, but at the same time I think its safe to assume 3 things - interest in piracy is going to increase even more (stick it to the evil movie companies), America will look even worse in the global view for trying to "police the world" (thank you to those who posted that already), and simply put, if they do manage to stop TPB by some freak coincidence 10 more places will spring up in their place, 'cause you can't stop the signal (yeah ... I couldn't resist the Serenity reference). Instead of wasting time and resources these companies need to learn to stop fighting the new technology and use it to their advantage - DVD's and digital downloads without DRM (com'on how many ways does it have to be broken before these guys learn that its not working !?), CD's that don't lock up and freeze computers (oooh ooh .. how many people remember this Sony Fiasco ??), DVD's that don't remove your ability to skip previews (yes, I actually own DVD's that prevent you from Skipping the previews), the list goes on and on. Oh well, my 2 cents on the topic.

    --
    "Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind" - Dr. Seuss
  12. TPB not as impressive as they hope. by cellurl · · Score: 4, Interesting

    TPB is not impressing me as much as they were.

    Would someone tell me why TPB doesn't put up a Unicef tip jar. I would donate. Then we would see a game changer. TPB-shutdown == kids-starving.

  13. Re:Except that.... by commodore64_love · · Score: 4, Insightful

    >>>>>Once a book, song, or movie exists, it can be mass-produced at zero cost... For example if Disney could convince every person on earth to buy "Fantasia" from itunes.com, they'd get ~40 billion dollars profit and no manufacturing cost
    >>>>>

    >>Except that Fantasia, with its hand drawn cells, is... hideously expensive to make.

    Except that Fantasia only cost Mr. Disney 0.003 billion to produce. He paid-off that bill in the 1960s, so every digital copy today's Disney Company sells online would literally be zero cost. And pure profit.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  14. Re:Except that.... by Znork · · Score: 4, Insightful

    Many movies are hideously expensive to make.

    With monopoly rights and the ability to exact huge revenue streams from the economy, many movies become hideously expensive to make.

    Without monopoly rights (if you believe in free markets) we'd see far more efficient use of the money, and movies would become much cheaper to make. Perhaps the pure technical quality would trail a bit, but then again, without copyright it would be much cheaper and easier to build upon older works, removing costs for double work.