The four men sentenced to a year in prison and fined $3.6 million after being found guilty of assisting copyright infringement should be given a new trial because the Judge was biased, a court heard on Monday. The lawyer for Carl Lundstrom, one of the four founders of the Pirate Bay BitTorrent tracker, said that Judge Tomas Norstrom’s affiliation with groups for copyright protection should have disqualified him.
“Tomas Norstrom was biased during the trial … Secondly, he neglected to inform the defendants and their lawyers of the facts that constituted the bias,” defense lawyer Per Samuelson said in the document, obtained by Reuters. The court of appeal now must decide whether to send the case back to District Court.
Judge Norstrom is a member of The Swedish Association for Copyright and a board member of the Swedish Association for the Protection of Industrial Property. Peter Danowsky, A board member of The Swedish Association for Copyright, represented the film and music industries in the trial. Lundstrom’s lawyer last week filed an appeal, asking the court of appeal to change the verdict and dismiss the prosecution and the claims for compensation
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He also said the court should turn to the European court of justice (ECJ) for a preliminary ruling.
Result for: bittorrent tracker
German officials have taken down a private BitTorrent tracker this week, adding that they raided three apartments and confiscating multiple PCs, HDDs, DVDs, CDs and cash.
The authorities, along with the German anti-piracy organization GVU, added: “Members of the file sharing networks were able to buy download packages for up to 75 Euros. Users who paid 100 Euros or more received special privileges.”
P2Pblog makes a quick note however of the bust, and it seems it is a giant waste of taxpayer money and time. The tracker only listed 300 torrents, and in comparison, The Pirate Bay currently has close to 2 million listed torrents. One could argue that TPB is a public tracker and cannot be compared, but most large private trackers have 15000 torrents available at any given time, a giant number compared to the lowly 300.
The press picked up on the story and stretched the facts a bit however to make it look like a great victory for the GVU. Spiegel.de reported that the tracker was a “so called paytracker, meaning a file sharing server that only provided access to paying users.” That was not true, as users could download for free, but faced extended waiting times until their ratio was high enough.
Result for: bittorrent tracker
The infamous BitTorrent tracker, The Pirate Bay, is continuing to grow at a rapid rate. The site announced that is has reached 22 million peers this week, an increase of 10 million peers since April this year. Earlier this year, the tracker had set itself a goal of reaching 20 million peers and recently smashed that figure in much less time than was expected.
The site currently is host to over 3 million registered members and is evidently used by multiple times that figure. The site has survived attempts to shut it down from all angles, but its users have never suffered any major inconveniences or outages from those efforts. The site ridicules legal threats and other notices from legal reps of content companies and publishes them for all to see, and has had no problem standing up government pressure.
The site maintains that it is, and always has been operating legally since it does not offer any illegal content whatsoever to its users.
