Quote:
Originally Posted by wootpr0n
If it is a jury trial, and the jury decides to follow the LAW, they could get convicted. But if the jury decides to follow their own thoughts, and a good number of the jury will be supporting The Pirate Bay, then they will be acquitted, and Hollywood will shit its pants because it will be an In Your Face and let them operate forever without any more problems.
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actually if they were to follow the law they could not get convicted, because quite simple a torrent does not contain any copyrighted material within (no direct). Swedish law has no contributory infringement. And inducement to infringe would require stretching the law to cover the simple act of putting up the torrent, instead of an actual push/direction to infringe (ie BUYING advertising telling people you can "steal" the stuff on my site) that it is currently written.
That being said, their antics could allow them to be villified enough that a jury would choose to stretch the law to extend to "letting" google index their site, and convict them of the inducement charge. but even if they actually do that the pirate bay could argue
- no seeder gives away a working copy of the file (no infringement to induce)
- product placement like the piracy tax in canada turns what would normally be infringement into a licienced distribution (no infringement to induce)
- Out of scope distribution does not cost a sale and is therefore fair use (no infringement to induce)
- people have a right to access shift their viewing rights from one medium to another (no infringement to induce)
the absolute worst thing for the MPAA/copyright holders is that pirate bay would be forced to win their freedom by making one of these points. Because if they do, all torrent sites, world wide would be legal.