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And the Verdict Is…

Guilty. The four men that made up the Sweden-based Pirate Bay filesharing site have been found guilty in the momentous trial today. According to various sources, “the court has found that by using Pirate Bay’s services there has been file-sharing of music, films and computer games to the extent the prosecutor has stated in his case.” The men have been ordered jail-time of one year, and $905,000 each equating to a total of about $3.6 million. The funds will be distributed to various entertainment studios and companies, including Warner Bros, EMI, Columbia Pictures, and Sony Music.

Although the verdict has been decided, the four men will be allowed to appeal, likely on the basis that the site never actually hosted the copyrighted material, just acted as a catalyst by providing the technology for its 22 million users to download content via torrents. While the judge in the trial noted that the court took into account the ad-driven nature of the site, the defendants argued that in no way was the site commercially driven, an argument that will certainly re-surface during the appeals process.

The Associated Press reported that ” Swedish authorities caved in to pressure from the U.S. when they launched the crackdown on The Pirate Bay in 2006.” Following that trial and the presently concluded case, a grassroots movement fueled by social networking and underground message boards cultivated a mass social a political zeitgeist, arguing the intrusion of the government on the public’s use of the Internet. New bills and laws are currently being developed across Europe in an attempt to define legislation paramaters of the largely polar issue.

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The Pirate Bay Will Keep Plundering…For Now

pirate bay logo The Pirate Bay Will Keep Plundering...For Now

Big news out of Sweden today. Popular torrent tracker website PirateBay.org and counsel entered day three of litigation,  where an unprecedented 50% of the charges filed against them were dropped. As Channel Web reports, “The Pirate Bay’s counsel successfully argued that bit torrent files aren’t compelling as evidence to prosecute The Pirate Bay”, noting that the digital files exchanged between users “don’t demonstrate clear illegal activity on Pirate Bay’s part.” An interesting argument to say the least, considering some of the biggest names in the entertainment world are involved in the case, including the big five studios (Fox, Warner Bros., etc.), several music labels, and various other media-related companies.

The decision to drop half the charges allows those involved to focus on what they see as the primary issue, which is the act of making copywritten material available for download. While this argument is largely pursued on the prosecuting end, the line of defense used by most file sharing outlets is the hosting of links to said material versus the actual files themselves. The hosting of files is what ultimately led to Napster’s demise, whereas legal loopholes have allowed torrent channels to operate with only minimal recourse. This trial will undoubtedly set precedence for the future of torrent sites as media companies hurry to pursue those that they feel encroach on the legal boundaries of their content.

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