[Noisebridge-discuss] OT: battlestar wanted

Mikael Vejdemo-Johansson mik at stanford.edu
Sat Apr 18 21:20:53 UTC 2009


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On Apr 18, 2009, at 11:05 PM, Mark Cohen wrote:
> They were indeed the founders. (2 of them at least, I think the  
> other 2 were support and financial)
>
> They also have to pay nearly 900k each in fines.
>
> I will be interested to see if they appeal and get a higher court  
> (don't know how their court system works), this outcome is honestly  
> and obviously a "message".
>

Knowing a tad more about the Swedish judicial system:
* They have already declared that they will appeal. Their lawyers have  
until May 8 to get their paperwork together.
* There are three levels of public courts in Sweden: Tingsrätt,  
Hovrätt and Högsta Domstolen (county jurisdiction, courtly  
jurisdiction and the Highest Court - vague attempts at literal  
translations). This was tried in the Stockholm Tingsrätt, and thus the  
appeal will go to the corresponding Svea Hovrätt.

And regardless of outcome there - several of my juristically inclined  
friends tend to describe Hovrätten as a source of incomprehensible  
randomness at times - it will get appealed to Högsta Domstolen, which  
should end up hearing the case, since there is a lack of precedent and  
a high level of disagreement as to what the code of law actually says.

It's worth pointing out at this point that Swedish law is codified as  
opposed to precedent based - the mission of the courts is to interpret  
existing law texts and find basis for judgement in those. When doing  
this, they are certainly expected to take existing precedents into  
account in shaping their decisions; but as opposed to, say, US and UK  
law, the rulings do not acquire full force of law.

The central issue HERE really is how to interpret the actions of the  
Pirate Bay crowd with respect to the letter of Swedish copyright law;  
and this is essentially what the courts have to decide on...

> On Apr 18, 2009, at 6:32 AM, d p chang wrote:
>
>> "Lee Sonko" <leelist at lee.org> writes:
>>
>>>> Hey all- I'm looking to eithor borrow or get DVDs or files of
>>>> battlestar season 3 and 4.
>>>
>>> There's always The Pirate Bay...
>>
>> true, but 'we' have already done the work :-)
>>
>>> (though 4 Pirate Bay founders were just sentenced to a year in jail,
>>> the servers are still up)
>>
>> i didn't think that they were the 'founders' just four members. there
>> were definitely quotes on torrent freak that they were going to  
>> continue
>> w/ their servers (maybe moving out of sweden) and their vpn-ish  
>> project.
>>
>> anyway, i'll stick some disks in the library w/ 3 + 4 this
>> afternoon. sorry to dougie, season 2 got lost in the server crash  
>> (and
>> this doesn't get backedup by corporate :-)
>>
>> \p
>>
>> ---
>> Alone, even doing nothing, you do not waste your time.
>> 		--- E. M. Cioranm
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>
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Mikael Vejdemo-Johansson, Dr.rer.nat
Postdoctoral researcher
mik at math.stanford.edu









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