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THE PIRATE BAY TRIAL

PIRATE BAY

Pirate Bay chiefs deny illegal downloading

Four people who run one of the world's leading file-sharing websites denied any wrongdoing as they went on trial in Stockholm on Monday for facilitating illegal downloads of copyrighted material.

Pirate Bay chiefs deny illegal downloading

“File-sharing services can be used both legally and illegally,” one defence lawyer, Per Samuelson, stressed to the court after the trial against The Pirate Bay organizers opened in Stockholm.

Fredrik Neij, Gottfrid Svartholm, Peter Sunde and Carl Lundström are accused of “promoting other people’s infringements of copyright laws,” according to charges filed by senior public prosecutor Haakan Roswall.

If found guilty, the four each face sentences up to two years in jail and heavy fines.

Representatives of the movie, music and video games industry are asking for around 115 million kronor ($13.5 million) in damages and interest for losses incurred from tens of millions of illegal downloads facilitated by the company.

Founded in 2003, The Pirate Bay makes it possible to skirt copyright fees and share music, film and computer game files using torrent technology, or peer-to-peer links offered on the site.

None of the material can thus be found on The Pirate Bay server itself.

“It is legal to offer a service that can be used in both a legal and illegal way, according to Swedish law,” Samuelson said at the trial, which was broadcast live by Swedish public radio.

The Pirate Bay’s services “can be compared to making cars that can be driven faster than the speed limit,” he said.

Another defence attorney, Jonas Nilsson, insisted that “the individual Internet users who use Pirate Bay services … must answer for the material they have in their possession or the files they might share with others.”

The website claims nearly 22 million users around the world, with about a million accessing the site daily.

Swedish police raided the company’s offices several times and seized nearly 200 servers in 2006, temporarily shuttering the site. But it resurfaced a few days later with servers spread among different countries.

The trial is set to last about three weeks.

PIRATE BAY

Sweden now owns Pirate Bay domain names

The Swedish state became the unlikely new owner of two domain names used by The Pirate Bay after a court ruling on Tuesday.

Sweden now owns Pirate Bay domain names
The Swedish state now owns two Pirate Bay domain names. Photo: Vilhelm Stokstad/TT

In its ruling the Stockholm district court awarded Sweden the domain names piratebay.se and thepiratebay.se

The case marked the first time a Swedish prosecutor had asked for a web address to be wiped off the face of the internet, Dagens Nyheter reports

“A domain name assists a website. If the site is used for criminal purposes the domain name is a criminal instrument,” prosecutor Fredrik Ingblad told the Swedish daily earlier this year. 

Sweden’s Internet Infrastructure Foundation, which controls the Swedish top level domain .se, opposed the prosecutor’s move to prohibit any future use of the two Pirate Bay addresses.

The court agreed that the foundation had not done anything wrong and conceded that it could not force the group to block certain domain names, Dagens Nyheter reports. But by awarding the addresses to the Swedish state the court effectively ensured that they will not be sold on to another owner. 

The file-sharing service was temporarily knocked off line in December after police seized servers hosted at a data centre in a nuclear-proof bunker deep in a mountain outside Stockholm.

But seven weeks later the resilient file-sharing behemoth was back on its feet and Tuesday’s ruling is unlikely to knock it off balance for long, as the court cannot prevent The Pirate Bay from continuing to run sites on other domains.

The Pirate Bay, which grew into an international phenomenon after it was founded in Sweden in 2003, allows users to dodge copyright fees and share music, film and other files using bit torrent technology, or peer-to-peer links offered on the site – resulting in huge losses for music and movie makers.

In 2009 four Swedes connected with The Pirate Bay were found guilty of being accessories to copyright infringement by a Swedish court. 

They were each give one-year jail terms and ordered to pay 30 million kronor ($3.6 million) in compensation.