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‘Pirate Bay judge not biased’: court

The judge in The Pirate Bay trial, Tomas Norström, was not biased, Stockholm District Court has argued in its report to the Svea Court of Appeal, which will rule on the issue.

'Pirate Bay judge not biased': court

Nordström is a member of several organizations that take a pro-copyright stance. These memberships form the basis of accusations from defence lawyers that the judge is biased and they have voiced calls for a re-trial.

Defence lawyers pointed out in appealing the convictions of their clients – Peter Sunde, Fredrik Neij, Carl Lundström and Gottfrid Svartholm Warg – on charges of complicity in breach of the Copyright Act, that one of the organizations receives funding from the recording industry organization IFPI.

But the Stockholm District Court has now argued that the criticism is misplaced.

The memberships are simply a means to gain increased knowledge of copyright legislation issues and are not therefore grounds to establish bias, the court argues.

On the contrary, the court argues, it is imperative that judges remain abreast of the issues.

Defence lawyers have also maintained that Nordström had been hand-picked for the high-profile trial in contravention of the prevailing practice of the random selection of judges.

“This we strongly reject. The selection was made in adherence with the District Court’s rules of procedure,” Chief Justice Lena Berke at the District Court said.

Due to a re-organization, the appointment for the case was changed but the procedure was open and objective, the court states.

The Pirate Bay trial was concluded on April 17th and the four defendants were each sentenced to one year in prison and ordered to pay 30 million kronor ($3.8 million) in damages.

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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.