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Judge In Pirate Bay Trial Biased 415

maglo writes "The judge who handed down the harsh sentence to the four accused in the The Pirate Bay trial was biased, writes Sveriges Radio (Sweden Public Radio): sr.se (swedish). Google translation. The judge is member of two copyright lobby organizations, something he shares with several of the prosecutor attorneys (Monique Wadsted, Henrik Pontén and Peter Danowsky). The organizations in question are Svenska Föreningen för Upphovsrätt (SFU) and Svenska föreningen för industriellt rättsskydd (SFIR)."
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Judge In Pirate Bay Trial Biased

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  • by telchine ( 719345 ) * on Thursday April 23, 2009 @08:49AM (#27685845)

    If Swedish isn't your native language, this article might prove more useful:

    Pirate Bay Judge Accused of Bias [theregister.co.uk]

    • by Ornedan ( 1093745 ) on Thursday April 23, 2009 @08:55AM (#27685897)

      Additionally, the judge sits on the board of the Swedish Association for the Protection of Industrial Property (Svenska fÃreningen fÃr industriellt rÃttsskydd), which is lobbying for tougher copyright laws.

      However, NorstrÃm insisted to the radio station that his membership of the various copyright protection groups did not constitute a conflict of interestâ.

      It is indeed quite obvious that being a leading member of a copyright lobby organization can not in any way be seen as a conflict of interest.

      And in other news, Slashdot still fails at UTF8.

      • by telchine ( 719345 ) * on Thursday April 23, 2009 @08:56AM (#27685915)

        Slashdot still fails at UTF8.

        FÃIL!!!

      • by fuzzyfuzzyfungus ( 1223518 ) on Thursday April 23, 2009 @09:03AM (#27685981) Journal
        Creepy thing is, he might actually believe that. If you are a die-hard copyright maximalist then "strong copyright=justice" will simply seem axiomatic, so your involvement with a copyright lobbying group will just seem like professional experience.

        The fact that he is so tone-deaf that he doesn't comprehend how that might create a raging appearance of impropriety is pretty shocking, though.
        • Re: (Score:3, Insightful)

          by rhsanborn ( 773855 )
          In some defense, if he is a member of the organization not in a capacity of financial beneficiary of copyright, then it isn't quite so clear cut. If he firmly believes in copyright as a matter of law and principle, I don't think it's much different than a judge being a member of an organization lobbying for tougher murder penalties, etc. We wouldn't exclude him from murder trials. His judgment should come from interpreting the law. If he has failed terribly at that, then there are issues such as legislating
          • by Anonymous Coward on Thursday April 23, 2009 @09:34AM (#27686349)

            Are you hearing what you saying?
            He is a member of a lobbying group.
            Lobbying group gets MONEY from their interests - read financial benefit.

          • by Anonymous Coward on Thursday April 23, 2009 @09:36AM (#27686387)

            What I don't get is why a judge would be allowed to be in *any* lobby organization, excepting perhaps something directly related to the functioning of the judiciary itself. Alternatively, if they are allowed to be members in such groups, why wouldn't they recuse themselves from a relevant case?

            • by sexconker ( 1179573 ) on Thursday April 23, 2009 @12:09PM (#27688745)

              What I don't get is why ANY lobbyists are allowed. Ever. Anywhere.

          • by LinuxDon ( 925232 ) on Thursday April 23, 2009 @09:52AM (#27686551)

            I mostly agree with your post, but would like to add the following

            Ultimately, in my opinion, it's the voice and opinion of the general public that is incorporated into laws about how heavy penalties for certain actions are. And since everyone is unanimously against murder, this is often quite a clear case.

            But since the public opinion is so divided concerning copyright cases, a judge that has very strongly chosen one side can be called biased even regardless of his membership of a lobby group. The membership only proves it in my opinion.

            • by smaddox ( 928261 ) on Thursday April 23, 2009 @09:59AM (#27686667)

              True, but it is the judges JOB to be unbiased. Dedicating himself to a lobby group is a huge conflict of interest. Either he has to disappoint the group, or he has to disappoint the people he is judging.

              • by CodeBuster ( 516420 ) on Thursday April 23, 2009 @11:57AM (#27688501)

                True, but it is the judges JOB to be unbiased.

                That is absolutely correct. To be a judge is to be impartial and avoid appearance of conflict of interest and impropriety in both public and even private life. That is what it means to be a judge; with special powers, including possibly the power of life and death, comes special responsibility above and beyond what would be expected from the average citizen. If that is a problem then do not become a judge.

            • Re:Public Opinion (Score:5, Insightful)

              by twmcneil ( 942300 ) on Thursday April 23, 2009 @10:38AM (#27687225)
              Generally, the public you refer to doesn't care one bit about copyright cases or law. Only the corporations and people like Paul McCartney or Elton John (who have a vested interest in keeping new artists out) support stronger copyright laws. There is little division in the public's opinion.

              Agreed, this judge should never have been on this case.
              • Re: (Score:3, Insightful)

                by bit01 ( 644603 )

                Generally, the public you refer to doesn't care one bit about copyright cases or law.

                It's even stronger than that. They are not just indifferent. The vast majority of the population are actively flouting copyright law, everything from photocopying in the library as students to copying a friend's music to buying dodgy DVD's on the street.

                Copyright maximalists, let alone copyright-as-it-is-currently-implemented preservationists are only a tiny fraction of the total population. And that's not even considerin

          • by MikeBabcock ( 65886 ) <mtb-slashdot@mikebabcock.ca> on Thursday April 23, 2009 @09:54AM (#27686585) Homepage Journal

            A judge shouldn't be a member of any group promoting any specific type of justice, imho, as they're to be an impartial judge of the facts given them in court and not to be out for personal vendettas of any kind.

            In practise this doesn't happen of course.

          • by jbezorg ( 1263978 ) on Thursday April 23, 2009 @09:56AM (#27686631)

            That would be true if that was the only factor.

            "Judge Norstrom acknowledged to Swedish Radio that he was a member of The Swedish Association for Copyright, as well as a board member of the Swedish Association for the Protection of Industrial Property. He also said he has worked alongside Monica Wadsted -- who represented the American movie industry in the trial -- to solve disputes related to Internet domain names. However, he rejected that there was any conflict of interests."

            But it isn't.

            There is a difference between just being member of an organization and being a board member of an organization who's goals would benefit the Plaintiff and having established a professional cooperative relationship with a Plaintiff's council previously.

            • by guruevi ( 827432 ) on Thursday April 23, 2009 @11:45AM (#27688327)

              Yes it is. This is similar to a judge in the USA that is a member of the RIAA and then goes in the courtroom to judge Virgin v. Thomas. It doesn't matter how high your involvement is. Apparently one of the lawyers IS his co-worker for certain things. That would be the same as you being a judge and in your off-time you work at a small company (which isn't illegal) and then you have to judge on a private matter between that company and somebody that has a beef with your company (for whatever reason) and the (hot) gal you go drinking coffee with once in a while is the lawyer representing the company you work at. IANAL but it seems that this would be grounds for a mistrial in the US.

          • by Anonymous Coward on Thursday April 23, 2009 @10:11AM (#27686841)

            But Yes, if a judge is a member of an organization lobbying for tougher murder penalties, he or she would be excluded from murder trials under Swedish law, should the defense lawyers so request. There cannot be even the slightest suspicion of bias.b

          • by Jurily ( 900488 ) <jurily&gmail,com> on Thursday April 23, 2009 @11:14AM (#27687817)

            If he firmly believes in copyright as a matter of law and principle, I don't think it's much different than a judge being a member of an organization lobbying for tougher murder penalties, etc. We wouldn't exclude him from murder trials.

            If he demonstrate bias in one case, the only time I'd ever let him in a courtroom again is when he gets his sentence for it. The only time behavior like that I'd consider acceptable is with laws where jury nullification would do the same.

            When we let the judges be corrupted with a political agenda, the whole system is really close to falling apart.

            By the way, WHO LET A MEMBER OF A COPYRIGHT LOBBY GROUP JUDGE A COPYRIGHT CASE?

    • by reachinmark ( 536719 ) on Thursday April 23, 2009 @09:04AM (#27685987) Homepage

      Alternatively, from The Local, an English language Swedish paper:

      Pirate Bay Lawyer calls for retrial [thelocal.se]

      Though it might be worth pointing out that the "call" for a retrial isn't actually official yet, just what the lawyer has said to journalists.

    • by pallmall1 ( 882819 ) on Thursday April 23, 2009 @09:04AM (#27685995)
      Here's a link to the story [wsj.com] in the Wall Street Journal.

      Damn. Just who are the pirates in this case?
    • Re: (Score:2, Informative)

      Or this one in The Local:
      http://www.thelocal.se/19028/20090423/ [thelocal.se]
  • by PeKbM0 ( 1372511 ) on Thursday April 23, 2009 @08:50AM (#27685853)
    Because I'm sure TPB's lawyers can.
    • by Sun.Jedi ( 1280674 ) on Thursday April 23, 2009 @08:56AM (#27685913) Journal

      Clearly, they could not, or did not.

      The TPB lawyers didn't do their homework, which is a sentiment that rings very loudly in a lot of commentary about this trial.

      It will hopefully come up in the appeal. This may have been a strategy all along -- i.e. let the music industry lawyers put all their cards on the table during the trial, and destroy them in the appeal.

      • by TheRaven64 ( 641858 ) on Thursday April 23, 2009 @09:21AM (#27686187) Journal
        They may have been unaware of this. More likely, they may have thought that they had compelling arguments and the worst case (i.e. they lost) would have meant that they could get a retrial (and therefore be paid for longer) if they lost. The judge may well not have been very biased. Someone with moderate leanings in one direction can still be persuaded in the other by well-reasoned arguments. If this were the case, they may have won anyway, but knowing that the judge had this bias gave them an additional strategy in case it was not.
      • by miffo.swe ( 547642 ) <daniel@hedblom.gmail@com> on Thursday April 23, 2009 @09:39AM (#27686419) Homepage Journal

        Its fairly common in sweden that the first instance of the court system (Tingsrätten) is viewed upon as a bunch of clowns you have to pass to get to the real court. They consists of local politicians and if your local ones are anything like ours you know they suck on a professional level in every way possible when it comes to just about anything they do.

        Im fairly sure the TPB lawyers has been set for going to the highest level court from the beginning and planned accordingly. This little gem with a clearly biased judge doesnt really help the TPB guys other than for PR since whatever a retrial will result in the trial will be taken higher up in the court system.

        Its just a huge PR win for us in the PirateParty and the public opinion. It paints a very clear and vivid picture of us small ones against greedy, corrupt, self-loving, elite and above-the-law politicians.

        • Re: (Score:3, Insightful)

          by CarpetShark ( 865376 )

          Its fairly common in sweden that the first instance of the court system (Tingsrätten) is viewed upon as a bunch of clowns you have to pass to get to the real court.

          That's pretty universal, I'm afraid.

  • No-Brainer: Appeal! (Score:5, Interesting)

    by blcamp ( 211756 ) on Thursday April 23, 2009 @08:51AM (#27685865) Homepage

    If the allegations are true, they should easily win an appeal... assuming the rest of the judicial system is not so corrupt... allegedly, of course.

    • Re: (Score:3, Insightful)

      by L4t3r4lu5 ( 1216702 )
      This is not an ideal solution.

      TPB want a win on merit, not technicality. Unless BitTorrent / P2P is vindicated in trial, the case will just return with new people involved.

      [tinfoilhat]Consider that this case may have been designed to fail on this technicality, so the prosecution now have all of the plays the defence counsel will make in retrial. They can then research ways to combat them, come back, and win.[/tinfoilhat]

      Think that way of thinking is beyond a media conglomorate?
      • Re: (Score:3, Insightful)

        by barzok ( 26681 )

        TPB want a win on merit, not technicality. Unless BitTorrent / P2P is vindicated in trial, the case will just return with new people involved.

        Which is the whole point of the appeal. If the judge had a conflict of interest, then they quite possibly didn't lose on merit. Go back, redo the trial with new people who will actually handle the trial properly based upon its merits, and see what happens.

  • I Wonder... (Score:5, Insightful)

    by ganjadude ( 952775 ) on Thursday April 23, 2009 @08:56AM (#27685909) Homepage
    If they knew about the judge before hand. If they did perhaps (in typical TPB fashion) they went through the trial knowing damn well they were going to use this to get out of it
    • Re: (Score:3, Interesting)

      by TheP4st ( 1164315 )
      It is not like they are getting out of it. What will happen is that HovrÃtten (the Court of Appeal) will decide if there were bias or not. Depending on the decision it will either be a retrial or their appeals will go to HovrÃtten in due time. Not much of a change judicially, although PR wise it certainly benefits TPB.
  • by Opportunist ( 166417 ) on Thursday April 23, 2009 @08:59AM (#27685939)

    I move for a bad court thingie!

  • by rotide ( 1015173 ) on Thursday April 23, 2009 @08:59AM (#27685941)
    IANAL/IANAJ..

    Aren't Judges supposed to remove themselves from a case if there is a known conflict of interest or an arguable bias? Don't they get in trouble for presiding over cases with this bias?

    Maybe someone with a background in law can answer this? Google didn't seem to want to give any definitive answers. Then again, maybe the laws in Sweden are different?

    • by Shrike82 ( 1471633 ) on Thursday April 23, 2009 @09:04AM (#27685989)
      As much as it pains me to use Wikipedia for a meaningful discussion of facts:

      Those with a conflict of interests are expected to recuse themselves from (i.e., abstain from) decisions where such a conflict exists. The imperative for recusal varies depending upon the circumstance and profession, either as common sense ethics, codified ethics, or by statute. For example, if the governing board of a government agency is considering hiring a consulting firm for some task, and one firm being considered has, as a partner, a close relative of one of the board's members, then that board member should not vote on which firm is to be selected. In fact, to minimize any conflict, the board member should not participate in any way in the decision, including discussions. Judges are supposed to recuse themselves from cases when personal conflicts of interest may arise. For example, if a judge has participated in a case previously as some other judicial role he/she is not allowed to try that case. Recusal is also expected when one of the lawyers in a case might be a close personal friend, or when the outcome of the case might affect the judge directly, such as whether a car maker is obliged to recall a model that a judge drives. This is required by law under Continental civil law systems and by the Rome Statute, organic law of the International Criminal Court.

      Emphasis mine. Background reading and links for anyone interested here [wikipedia.org]. If this description is accurate (and I remind you again it's from Wikipedia so that's a real concern) then it would appear that any affiliation with copyright organisations would present a potential bias.

    • by bumby ( 589283 ) on Thursday April 23, 2009 @09:07AM (#27686021)
      Yes, yes they should, and the article mentioned this. The judge did however not consider himself biased. Go figure...
      • by Uberbah ( 647458 ) on Thursday April 23, 2009 @09:31AM (#27686311)

        Maybe he's friends with Anton [janrainwater.com] Scalia [commondreams.org]:

        Besides Thomas, Scalia also took part in the decision while a close relative had a substantial interest in the outcome. Scalia's son Eugene is a partner in the Washington office of Gibson, Dunn & Crutcher, where one of the senior partners is Theodore B. Olson, who argued Bush's case before the Supreme Court.

        Scalia refused to recuse himself from Bush v. Gore, although the lead lawyer for the plaintiff was, in effect, his son's boss. He took the same position in the various legal proceedings that accompanied the impeachment of Bill Clinton, beginning with the Supreme Court's decision to permit Paula Jones to proceed with her lawsuit against Clinton for sexual harassment, in which Olson provided legal assistance.

        and

        WASHINGTON - U.S. Supreme Court Justice Antonin Scalia refused on Thursday to remove himself from a case about Vice President Dick Cheney's energy task force, even though their recent duck-hunting trip raised questions about his impartiality.

        But then, hackery has never been much of a problem [reason.com]

        But Scalia's liberal critics have a point: His moral views have a habit of grafting themselves onto his constitutional philosophy. No one expects him to be a libertarian; he has stressed that his opposition to expanded federal power applies only to instances in which it is explicitly limited by the Constitution. But you might at least expect him to be oppose federal intervention within the parameters of his originalist vision. Or rather, you might have expected that until Gonzales v. Raich, this year's medical marijuana case.

        Scalia voted to uphold the federal government's prerogative to go after medical consumers of homegrown pot, on the grounds that this activity supposedly affects interstate commerce. This ruling prompted Thomas to note in a caustic dissent, "If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything--and the Federal Government is no longer one of limited and enumerated powers."

        ...for Scalia [nytimes.com]

        The 11th Amendment says federal courts cannot hear lawsuits against a state brought by "Citizens of another State, or by Citizens or Subjects of any Foreign State." But it's been interpreted to block suits by a state's own citizens - something it clearly does not say. How to get around the Constitution's express words? In a 1991 decision, Justice Scalia wrote that "despite the narrowness of its terms," the 11th Amendment has been understood by the court "to stand not so much for what it says, but for the presupposition of our constitutional structure which it confirms." If another judge used that rationale to find rights in the Constitution, Justice Scalia's reaction would be withering. He went on, in that 1991 decision, to throw out a suit by Indian tribes who said they had been cheated by the State of Alaska.

    • Re: (Score:3, Informative)

      by TheP4st ( 1164315 )
      No, the Swedish laws are not very different in that aspect. If a Judge find himself in a situation where there is a risk of bias or conflict of interest then he should inform the involved parties. At which time he voluntarily can choose to step down. If the judge do not remove himself then the involved parties can request his removal.
    • by clickclickdrone ( 964164 ) on Thursday April 23, 2009 @09:28AM (#27686289)
      >Then again, maybe the laws in Sweden are different?
      Surely not? I thought US law was global?
      • Re: (Score:3, Interesting)

        by Opportunist ( 166417 )

        Judging from the take-down notices TPB publishes that are sent to them, a lot of people around the globe think that way...

  • Mistrial? (Score:2, Interesting)

    by fallen1 ( 230220 )

    IANAL but would this not be grounds for a mistrial and sanctions against the judge in question? I am pretty sure that in America, if you have a bias due to affiliation then you should recuse yourself from the case as a judge. I am not sure about Sweden, but this would only make sense since a judge is _supposed_ to be fair and impartial.

    Kinda hard to be impartial when you belong to the same organization as three of the prosecutors...

    I call bullshit!

  • by 140Mandak262Jamuna ( 970587 ) on Thursday April 23, 2009 @09:08AM (#27686031) Journal
    Looks like the Swedish court system is rotten. Next thing you know, couple of judges will open a private juvenile detention facility, rule the government detention facility to be inadequate, harshly punish all juveniles appearing before them to long detentions, send them to their own private detention facility, bill the government for millions of dollars, and whoop it up in some Caribbean island. Nah. The Swedes better look up at the American Judicial System (TM), The Best Justice Money Can Buy.
  • by drinkypoo ( 153816 ) <drink@hyperlogos.org> on Thursday April 23, 2009 @09:09AM (#27686045) Homepage Journal

    How is a judge even allowed to belong to such an organization? A judge who does, and who believes what he is doing, will be the definition of activist judge. Judges aren't supposed to have their own agendas. They're there to execute the law and therefore ostensibly the will of the people.

    • How is a judge even allowed to belong to such an organization? [...] Judges aren't supposed to have their own agendas.

      We all have things we want. We all have opinions on matters, or are able to form them quite easily. How do you find a completely neutral judge?

      Of course, being a member of an organization whose stated goal implies "we think this side should win" is beyond just having an opinion...

      But consider this: if you were the judge, would you be unbiased?

    • Re: (Score:3, Interesting)

      by furby076 ( 1461805 )
      You can belong to any organization that you want. YOu can belong to a biker gang, err biker club. You can belong to the KKK. You can belong to the suzie pie makers club. A judge can also be in those associations. Judges belong to many organizations - this is OK. Many judges are known to have specific views on cases (think supreme court justices and abortion). That does not mean they are not allowed or qualified to preside. You think there aren't judges who are in the "anti-abortion group"? Do you th
  • Re-trial (Score:5, Interesting)

    by castrox ( 630511 ) <stefanNO@SPAMverzel.se> on Thursday April 23, 2009 @09:13AM (#27686089)

    Several experts in Sweden are calling for a re-trial with another judge.

    It's somewhat embarrassing. The judge says that he made the call that his participation in "intellectual property groups" (upphovsrättsföreningar) did not bias him.

    When the trial started a nämndeman (assistant to the judge) was dismissed because he was considered biased due to his profession as a composer.

    It sure will be interesting to see how this one plays out. One might assert that the judge made a huge mistake by taking the case and thus wasting a tremendous amount of time and energy for both sides. Rather moronic for a judge, who should be able to see this type of conflicts.

  • Same judge that... (Score:5, Interesting)

    by Anonymous Coward on Thursday April 23, 2009 @09:23AM (#27686223)

    ...cleared the search warrant towards TPB +3 years ago, I wonder if that was properly handled, from the articles here in sweden it seems he took the warrant-request from APB and just signed it and added "take anything you find interesting" and let them have at it.

  • by MaulerOfEmotards ( 1284566 ) on Thursday April 23, 2009 @09:25AM (#27686249)

    Lawyer Peter Althin, representing the Pirate Bay spokesperson Peter Sunde calls for retrial [thelocal.se]

    There have been a series of interesting events surrounding the extended Pirate Bay process. It started with PRQ (the web hotel hosting TPB) being illegally raided, and to add the icing on that cake, the minister in charge acting in violation of the Swedish constitution by directly ordering law enforcement (see New Technology's "Was the Raid a Judicial Scandal?" [nyteknik.se] [in Swedish]). Then the FRA and IPRED bills passed in direct defiance of election promises and popular opinion folding to foreign pressure, as was the trial itself. It is hardly surprising that it turned out that the judge was cherry picked. The judge, Thomas NorstrÃm, argued that "My view has been that these activities do not constitute a conflict of interest," and he was not swayed in his judgement by involvement with copyright protection groups.

    There was great surprise over the April 17th ruling [thelocal.se]. Even the legal experts that expected a conviction were taken aback by the prison sentence and the size of the compensatory fine.

    The current debate on Swedish technical boards is one of conspiracy theories. Swedes are generally relatively hesitant of suggesting conspiracies, but this one reeks of collusion.

    The former Chief Prosecutor Sven-Erik Alhem says (in Swedish) [newsmill.se] that this will hurt the international renown of Swedish courts as well as damage domestic belief in judicial neutrality and safety.

    Also interesting is the public statement from the Pirate Party [piratpartiet.se] which calls this "Corruption and miscarriage of justice" and "The copyright lobby has really managed to bring corruption to Sweden".

    This may turn out to be a huge inconvenience for the copyright organisations and for the ruling coalition.

  • by lacoronus ( 1418813 ) on Thursday April 23, 2009 @09:27AM (#27686271)

    Of the two organizations, only one appears to be problematic.

    SFU is basically an organization for people who want to keep up to date with IP law. Of course you'll find judges here, and RIAA/etc. will of course get their lawyers from here - after all, if you go into an IP-related trial, you want someone with knowledge in IP to represent you.

    SFIR is more problematic, as they state as one of their purposes is to "contribute" to the evolution of IP rights in Sweden and world wide. What kind of evolution is unsaid - it need not be copyright extensions, and I think a lot of the final decision in regards to the bias will depend on just what SFIR does.

    So much for the bias of the judge. What will happen with TPB, then? Well, they may (or may not) get a new trial. But so far there has been no argument as to that the verdict shows signs of bias in finding them guilty. That is, biased as the judge may be, the verdict is unlikely to change. Maybe the fine will be reduced, but I doubt that, given that Carl (the old guy) is a multimillionaire and can pay the 30 megaSEK. (As a side note, the younger TPB guys were probably right in saying that they wouldn't pay the fine: The old guy will.)

  • Is it a suprise? (Score:5, Interesting)

    by Xest ( 935314 ) on Thursday April 23, 2009 @09:35AM (#27686365)

    The prosecution got a guilty verdict without actually managing to prove any wrongdoing due to severe incompetence and lack of knowledge.

    It was pretty clear something was odd about the decision, whether the TPB guys were right or wrong is irrelevant when the prosecution are unable to actually prove any wrongdoing.

    You can't legitimately get a guilty verdict if you haven't proven that they're guilty of doing something illegal, accusations alone aren't enough.

    The interesting thing now will be to see what happens as a result of this revelation. It's probably worth pointing out that this conspiracy almost certainly goes deeper - the first judge due to judge their trial was removed due to conflict of interest IIRC and this is his replacement, so the real question has to be who is responsible for repeatedly ensuring the judges presiding over this case have strong music industry/pro-copyright lobby links? Who in Sweden determines which judge should oversee a particular case?

    • Re: (Score:3, Informative)

      by init100 ( 915886 )

      the first judge due to judge their trial was removed due to conflict of interest IIRC and this is his replacement

      No, that is not correct. The judging group consisted of one professional judge and three laymen judges appointed by the city council. Before the trial, the professional judge decided to replace one of the layman judges for fear of conflict of interest because he was a composer. The allegedly biased judge this time is the professional judge that headed the judging group.

  • Intentional. (Score:5, Insightful)

    by _KiTA_ ( 241027 ) on Thursday April 23, 2009 @10:41AM (#27687283) Homepage

    There's no way TPB's lawyers were in the dark about this.

    But now, they get to turn this into a(n even bigger) circus and it will be thrown out due to the judge being extremely biased and having worked with the plaintiff before.

    Meanwhile, they just managed to get the support of the entire country against the corrupt Judge and local version of the RIAA, and the next Judge will be on best behavior -- and since they haven't done anything illegal, that means they'll get off scott free.

    Brilliantly played, Pirates. Brilliantly played.

  • More details (Score:3, Informative)

    by TorKlingberg ( 599697 ) on Thursday April 23, 2009 @10:52AM (#27687465)

    The judge was found to be a member of SFU, whose list of supporting members [upphovsrat...ningen.com] is full of Swedish and European versions of MPAA and RIAA, as well as Microsoft.

    He is also on the board of SFIR, the Swedish branch of AIPPI, an "intellectual property" lobby organization that for example has a resolution [aippi.org] saying

    It is recommended that all jurisdictions adopt rules in their IP law concerning contributory
    infringement of IPRs and that the basic principles be harmonised.

    and

    The IPR owner should be able to hold the contributory infringer liable in damages for any
    loss that is incurred as a result of the contributory infringement and is not otherwise
    recovered.

    Which is exactly that the Pirate Bay trial was about.

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