Comments on: Why the Pirate Bay verdict may be incorrect

By: puffy

puffy — Sat, 18 Apr 2009 11:32:37 +0000

mail service providers are considered article 12, and they store the information, what is the difference then?
Google isn’t held liable for the contents of the emails, then TPB shouldn’t be held liable for the “contents” of the torrents.

By: Fredrik Björck

Fredrik Björck — Sat, 18 Apr 2009 10:49:23 +0000

@ drf Thank you Dr F! /Dr F

By: drf

drf — Sat, 18 Apr 2009 10:40:04 +0000

Interesting reading indeed. Thank you.

By: Fredrik Björck

Fredrik Björck — Sat, 18 Apr 2009 09:57:35 +0000

@ Freja Nord Thank you Freja. /Fredrik

By: Freja Nord

Freja Nord — Sat, 18 Apr 2009 08:12:04 +0000

Very interesting, greats arguments!
This text should be used in the appeal, might give the court some perspective…

By: Fredrik Björck

Fredrik Björck — Sat, 18 Apr 2009 00:13:14 +0000

Hi Marcus, thank you for commenting. Yes, the directive and its applicability was discussed. But I NEVER dreamt that the court would state that they view the Pirate Bay a provider of an information society service, so that the directive IS indeed applicable. Only to, in the next sentence, discard article 12, without any further discussion or analysis. I think this shows that the expertise of the court is copyright law and immaterial rights, rather than the area covered by the European directive (information communication services). It is as easy as this: IF the conditions of article 12 are fulfilled, they should not be held liable even if all the other things described in the verdict is true. /Fredrik

By: Marcus Nilsson

Marcus Nilsson — Sat, 18 Apr 2009 00:05:05 +0000

This law and how it could apply was discussed already in irc channels during the trial.. But as it was a highly political/commercial drama i dont know if the law really mattered here.

By: Fredrik Björck

Fredrik Björck — Fri, 17 Apr 2009 23:59:00 +0000

Thank you for commenting, Mist! /Fredrik

By: Mist

Mist — Fri, 17 Apr 2009 23:45:29 +0000

Very interesting reading indeed. I also noticed this going through the information. The whole verdict strikes me extremely odd, like they more placed the verdict to send a signal out, rather than follow swedish law, european directives and evidence.

In any way, they have probably caused long term damage on swedish society. Not only definition of law and enforcement, by also the means of IT industrial factors when it come to a company’s choice to put their business in future.

By: Fredrik Björck

Fredrik Björck — Fri, 17 Apr 2009 23:08:13 +0000

Thank you! /Fredrik