[Noisebridge-discuss] OT: battlestar wanted

[Quinn Norton]

On Sat, 18 Apr 2009, Mikael Vejdemo-Johansson wrote:

> 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.

there's Norwegian precedent that uses a contributory argument in
copyright violation- precedent is still important, and swedish courts can
cite any Scandinavian precedent.

> 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.

non-commonwealth stylee. you people are weird. :)

> 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...

yeah, but the thing is, the political pressure to convict is enormous. not
only the us, but the eu is pretty much demanding it. and Sweden has to
eventually make it illegal to comply with eu directive.