Judge in Pirate Bay trial may have been biased

April 23, 2009 Supporters of the web site 'The Pirate Bay'

Enlarge

Supporters of the web site 'The Pirate Bay', one of the world's top illegal filesharing websites, demonstrate in Stockholm, on April 18, 2009. A Swedish judge who found four men guilty of promoting copyright infringement by running filesharing site The Pirate Bay may have been biased and a retrial may be ordered, legal experts said Thursday.

A Swedish judge who found four men guilty of promoting copyright infringement by running filesharing site The Pirate Bay may have been biased and a retrial may be ordered, legal experts said Thursday.

"The trial may have to be redone. But in such case the lawyers have to request this immediately," one of Sweden's most high-profile defence lawyers, Leif Silbersky, told public broadcaster Swedish Radio.

His comments came after the radio station revealed one of the judges in the case, Tomas Norstroem, belongs to several copyright protection associations where film and record industry officials are also members.

On April 17, Stockholm's district court sentenced Fredrik Neij, Gottfrid Svartholm, Peter Sunde and Carl Lundstroem each to a year in jail and ordered them to pay damages of 30 million kronor (2.72 million euros, 3.56 million dollars) to the movie and recording industry.

The four vowed to appeal the verdict.

Sunde's defence lawyer, Peter Althin, said Thursday he would demand a retrial.

"In my appeal I'm going to argue that (the was biased). The court of appeal can then decide whether the district court's verdict should be thrown out and the case retried," Althin said.

Norstroem is a member of the Swedish Copyright Association, as are Monique Wadsted, who represented the film and recording industry in the trial, and the head of the Swedish Anti-Piracy Agency, Henrik Ponten.

The judge also sits on the board of the Swedish Association for the Protection of Industrial Property.

Yet Norstroem insisted that he was not biased.

"I do not consider myself biased because of these affiliations," he said.

Eric Bylander, a lecturer in litigation law at Gothenburg's business school, said the judge's opinion mattered little.

"It can look bad, regardless of what the judge thinks. In a high-profile case like this, it surprises me that they weren't more cautious," he said.

A lay judge was removed from the case before the trial because of his own possible conflict of interest as a member of a composers' association.

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

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

The Pirate Bay claims to have some 22 million users worldwide.

(c) 2009 AFP


   
Rate this story - 4.9 /5 (8 votes)

Rank Filter

Move the slider to adjust rank threshold, so that you can hide some of the comments.


Display comments: newest first

  • ExtraMedium - Apr 23, 2009
    • Rank: 5 / 5 (1)
    Every judge who's ever made a ruling in any trial in the entirety of history may have been biased. The question is whether or not he should have been legally allowed to decide in this case because of his other affiliations.
  • Egnite - Apr 24, 2009
    • Rank: not rated yet
    Maybe it's time for the Defense to be allowed to run background checks on the ruling judge...

April 23, 2009 all stories

Comments: 2

4.9 /5 (8 votes)

  • hide
  • Related Stories

  • Prosecutor seeks prison terms in Pirate Bay filesharing case
    created Mar 02, 2009 | popularity not rated yet | comments 0
  • Swedish court to issue verdict in Pirate Bay case
    created Apr 15, 2009 | popularity not rated yet | comments 0
  • Sweden: hundreds protest Pirate Bay conviction
    created Apr 19, 2009 | popularity not rated yet | comments 0
  • Swedish museum to exhibit Pirate Bay server
    created Apr 16, 2009 | popularity not rated yet | comments 0
  • Hollywood scores win over Pirate Bay, 4 convicted
    created Apr 17, 2009 | popularity not rated yet | comments 0



  • hide
  • Relevant PhysicsForums posts

Other News

AOL integrates Facebook chat with AIM

Technology / Internet

created 1minute ago | popularity not rated yet | comments 0

(AP) -- As part of an ongoing effort to improve its user experience, Internet company AOL Inc. is letting users of its AIM instant-messaging service chat with friends on Facebook.


Taiwan Acer's 2009 profit down 3.54 percent

Technology / Business

created 9 minutes ago | popularity not rated yet | comments 0

Taiwan's Acer Inc, the world's second biggest computer vendor by revenues, said Wednesday that its profit for 2009 edged down just 3.54 percent from a year ago despite the global economic meltdown.


The power of 'random'

The power of 'random': 'Seemingly loopy' technique could dramatically improve communications networks

Technology / Computer Sciences

created 20 hours ago | popularity 4.8 / 5 (9) | comments 5 | with audio podcast

A radical new approach to the design of communications networks, called "network coding," promises to make Internet file sharing faster, streaming video more reliable, and cell-phone reception better -- among ...


'Revolutionary' water treatment units on their way to Afghanistan

Technology / Engineering

created 15 hours ago | popularity 4.3 / 5 (8) | comments 5 | with audio podcast

The United States Army has taken delivery of the first two units of a "revolutionary" waste-water treatment system that will clean putrid water within 24 hours and leave no toxic by-products, according to scientists at Sam ...


Android

Google developing a translator for smartphones

Technology / Software

created 21 hours ago | popularity 4.8 / 5 (9) | comments 3 | with audio podcast report

(PhysOrg.com) -- Google is developing a translator for its Android smartphones that aims to almost instantly translate from one spoken language to another during phone calls.