The Pirate Bay Trial - Details And Translations

damn, no wonder i didnt hear about it, i was too busy with that pesky law-required school to go to

Kensai, are u in sweden, or are u still in USA??
I DONT think that TPB stands for 40% of the internet trafic, cuse, al they do i having a large amound of text, and a hell of a lot of 1kb big torrent files. I do think, that 40% of the internet is being used by p2p.

Then, 40% more of the internet is being used streaming videos (mostly from utube). haha, all the rest of the internet services only get 20% XD

pwnd...



Yo ho, yo ho, a pirate's life for me.
We pillage, we plunder, we rifle, and loot,
Drink up, me 'earties, yo ho.
We kidnap and ravage and don't give a hoot,
Drink up me 'earties, yo ho.

TB the gr8 1 said:

Kensai, are u in sweden, or are u still in USA??
I DONT think that TPB stands for 40% of the internet trafic, cuse, al they do i having a large amound of text, and a hell of a lot of 1kb big torrent files. I do think, that 40% of the internet is being used by p2p.

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It was said in the court case by the IFPI on how they got that number, quick explanation is The Pirate Bay tracker is free to everyone. Without getting too technical here, so anyone including Demonoid, Mininova, people sharing offices at work, World of Warcraft updates etc .. anyone who has a torrent file can add The Pirate Bay tracker for free and their servers will do all the interfacing between the computers. This is what got half the charges dropped yesterday against TPB, they did not realize you could technically download a .torrent file from anywhere and they'd be able to use TPB's tracker without the actual .torrent having to be on TPB. TPB handles all the packets through their servers that has their tracker listed in the torrent file.

So that's how 40% of the internet passes through TPB. Very nice service to us all at no charge, can't beat that. It's essentially unlimited file storage for no charge, just you have to torrent the file and send the .torrent to the party you want to receive it.

and to answer your first question I'm live tweeting and blogging from the USA. The Pirate Bay is streaming the audio from inside the courtroom (video is illegal) on bambuser and a group of us from the states is assiting with translations in EN and SPA.

Cheers,
Kensai

Okey
My self, im folowing the whole $#!T with my school laptop.
There is many magasines that haz websites, where they update every 5 minutes with everything that is happening inside there.

Update from Peter Sunde via Twitter: "We had some pizza after todays episode of #spectrial. Met the whole oposing side and asked if they could pick up the check. They refused "


lulz

Cheers,
Kensai

Update from Peter Sunde via Twitter: "We had some pizza after todays episode of #spectrial. Met the whole oposing side and asked if they could pick up the check. They refused sad.gif"


lulz

Cheers,
Kensai

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Haha, win. Lulz, RVB was right (he also just lost the game), this IS what happens when you mess with the collective identity of the internet. i.e. Hal Turner, Scientology, Kenny Glenn, now the Swedish prosecution. destroyed/in progress of being destroyed.


On an unrelated note, I've sadly never heard of TPB before this, I have a Demonoid account. But I just looked at it... nice.


Also also, how the HELL do you f**k up the difference between megabytes/megabits? Computer criminal specialist my ass.

kensai111 said:

Update from Peter Sunde via Twitter: "We had some pizza after todays episode of #spectrial. Met the whole oposing side and asked if they could pick up the check. They refused "
lulz

Cheers,
Kensai

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HAHA! Can you imagine how pissed the prosecution would be getting.... its rather hysterical for the pirate bay guys, and the internet.

from all this pirate talk i really want to go watch P.O.T.C the first... jack sparrow is the best character in the movie...

on a serious note... pirate bay just like the last 3 days has out witted the prosecution yet again. im sure that the jury will find that tpb is a hack of alot more wothy of non guilty-ness... and the acuser is well... dumb!

http://cristgaming.com/pirate.swf

As much as I feared, the IFPI website was hacked:

Peter Sunde has announced via Twitter: "#spectrial whom ever is hacking the ifpi websites, please stop doing that. it only makes us look bad!"

Always those who take it too far...

Cheers,
Kensai

im surprised. I would think that a few sites would be DDOS'd by now.

NOOOOO! This is where I get all my Illeg.... *coughs* Legal content! NOOOO! They can't lose.

hahaha well the flash file made me lol... but if you havent remembered when TPB was raided a long time ago there was a ddos on the police... read the report here

http://arstechnica.com/old/content/2006/06/6969.ars <<love the extention name... ars lol ar? or ars be pirates here.

kensai111 said:

As much as I feared, the IFPI website was hacked:

Peter Sunde has announced via Twitter: "#spectrial whom ever is hacking the ifpi websites, please stop doing that. it only makes us look bad!"

Always those who take it too far...

Cheers,
Kensai

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Five bucks says it's the new*BLAM*'s from /b/ who think they're cool.

Bloodl3tt3r said:

Five bucks says it's the new*BLAM*'s from /b/ who think they're cool.

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Sigh... always blaming /b/....
even though it's probably true...

It can't be someone from /b/, if they had even just a bit of skill and intelligence, they wouldn't hang around /b/

Anyway, it's going to get ugly if they are charged with anything. That begin said, most "real" hackers from the scene won't care about tpb...

Nah, I doubt it's somebody from /b/. Most people there are underaged 14 year olds who think they're cool.

Bloodl3tt3r said:

Five bucks says it's the new*BLAM*'s from /b/ who think they're cool.

Click to expand...

No, it was Ebaumsworld.com! They always do EVERYTHING wrong!

rvb4life said:

No, it was Ebaumsworld.com! They always do EVERYTHING wrong!

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Actually Ebaumsworld.com does not exist anymore. The corporation they got purchased by came and confiscated their entire office, took their company van and fired all the staff.

Sorry for the late post again, I was typing Day 3 up and Day 4 started broadcasting so double post today!

_____
DAY 3
_____

As you might expect Prosecutor Håkan Roswall continues to deliver. This morning he was claiming that the amended charge sheet was merely a small adjustment(sv) and should not be seen as the prosecution dropping the charges. The court requests to know if either of IFPI, MPAA or the Anti-Piracy Bureau wants to pick up the charges. Mr Roswall responds by saying that prosecution might need a recess to discuss this, but then decides not to…

Thankfully he is getting a lot less room today when IFPI lawyer Peter Danowsky, MPAA lawyer Monique Wadsted and Anti-Piracy Bureau lawyer Henrik Pontén will be making their cases against the crew of The Pirate bay and attempt explain and justify their ridiculous 13.9m € damage claims.

Danowsky argues as follows:

* When these downloads occurred legal download sites offered the same content at an average price of 10€.
* The record labels cut of this was 6.5€.
* Every download is lost sale.
* TPB are mean to rights holders that are demanding TPB follows non-applicable law (usually the DMCA).
* TPB has hindered the development of legal services since IFPI can’t compete with gratis.
* Sharing of songs that IFPI isn’t even selling is particularly bad and IFPI will thus demand up to 10x the ordinary 6.5€ for each such download. (Beatles 1Q is 10x)

Well, Statens Kriminaltekniska Labratorium (SKL), which is the closest Sweden has to CSI, who investigated the hardware and other materials seized during the raid against TPB, did among others things look at the code for HyperCube. This is the webserver software that Ankata wrote in C and was previously used to run TPB. SKL found bugs in the download counters. Since the prosecution is unwilling to detail the bugs I’m assuming that they either don’t understand how the bugs effects the number of reported downloads or they are trying to downplay the significance of the bugs.

Further more the claim that each download is a lost sale is based on nothing more than fantasies. It’s being thrown out of US courts and defies the most basic concepts of supply and demand. In fact independant research shows that the economy benefits from file sharing. KTH and Hardvard have published similar reports, i might update with links later.

Humorous side note, Danowsky had to clarify that one the songs in the original charges had been removed (labeled 1J), this because it turned out that they did in fact not own the rights to this song.

Pontén argues as follows:

* APB agrees with the reasoning of IFPI/Danowsky
* Were TPB to acquire a world wide license from the clients of APB this would have cost 700 000 sek (~64 000 €)
* Alternative they could go for 60% of an average full price sale (their cut) per download. ~6€
* Bugs in HyperCube is not the fault of APB or their clients and should be ignored.
* Goodwill has been lost since release date are “planned in great detail”.
* We seek twice the amount in damages for loss of goodwill.
* The movies in question have been seen next to ads for sexual services.

Sexual services? Brokep comments on twitter. We are dying to see them try to prove that one! Prosecution are also cheap bastards that refused to pay for Brokeps pizza after the trial today (also on twitter).

Wadsted argues as follows:

* Policing torrents on a site with 22m users is just as easy as deleting a word document.
* Production of copies and giving access to copies are sides of the same coin.
* Even though the DVD of Harry Potter and the Goblet of Fire was released on DVD on in March 2006 it was available on TPB in February 2006.
* TPB recievs huge traffic and has ads, therefore earns huge amounts of money

Here it bares pointing out that the most common source for pre-release material is from people inside of the industry. Maybe you have an uncle that operates a projector at a cinema, a music journalist that’s a child hood friend of yours and so on. The argument about the ads is quite funny aswell. She knows that any serious adds on TPB are targeted by the lawyers and the companies behind them are threatened with contributory copyright infringement unless the remove their ads from TPB. Further she has yet to provide any froof of the claim that TPB has earned these huge amounts of money. TPB is a top 100 site and has ads, thus it makes money.

Cum hoc, ergo propter hoc.

She also has the gall to complain that there is more demand for content without DRM than there is for content infected with it. In her world DRM adds value and we should all pay extra for that…

At this point the defense replies to the charges:

* All crimes have been dropped from the charge sheet.
* With no crime among the charges there can be no assisting or contribution to any crime.

Wadsted counters with a claim that:

“The works were available on the day in question”.

The Court:

“It would be useful for the court to know, in the case that the court decides to reject the case before it, does the plaintiff wish assume the responsibility to proceed with the dropped charges on behalf of the prosecution”?

Wadsted:

“No”

Ok, maybe a slightly convoluted translation, but I think you get the point.

Further arguments of the defense:

* The statistics on the TPB are unreliable.
* The content on the site is generated by the users.
* No copyright protected material can be found on the servers.
* The crew of the site is in fact much larger that the four being charged today.
* The mere existence of a torrent on TPB is not equal to making copyright protected material available
* The torrent on TPB does in no way prove that the user that uploaded it was connected to the server at the given time let alone prove that the uploader actually had the file on his or her computer.
* The supplier of a search engine can never be made responsible for the information found through it, or file transfers made.
* A cornerstone of the Internet is links to information, and a torrent file is such a link, meaning you have a right to provide such links.
* European e-commerce law declares freedom from responsibility for the parties that supply the technology. And in the case of BitTorrent what’s being transfered isn’t even the copyright protected content.
* There is no correlation between the number of downloads and economic loss.
* Its claimed that the majority the torrents on TPB link to copyright protected works. This is not true, hasn’t been proven and the lawyer of Peter Sunde promises to expand on this later.
* The legal counsel for Carl Lundström claims that no more than 20% of the material on TPB is protected by copyright.
* On each of the specific charges it is clearly stated what user is responsible for uploading the torrent to TPB.

The different lawyers for the different defendants made further arguments on top of this, but they are concerning the specific and individual involvement of each individual defendant. I see little reason to list them. They all deny all forms of involvement in any form of copyright infringement. Carl Lundström denies any and all involvement with TPB since 2005 (raid was 2006).

SR International interviews The Bureau of Piracy and STIM, and their lawyer Lars Henriksson naturally confuses free with gratis. He also says that developers of file sharing platforms should come to them and conform to their business model.

Cheers,
Kensai

business model... my company has one just to get a dang name and loan.. do we follow it no. we are a video games company... does it make or sell them.. nope we play them and have lan partys... thats not a video game company thats a freaking lan center!

i still think the tpb has a good fighting chance and the procecutor is.... well... boned? well common they are trying to smoke a cuban cigar and all they have is a bubble pipe! hah