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Originally Posted by wootpr0n
It wouldn't make it legal world wide. It only makes it legal in Sweden. US law still applies to US sites.
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if they made the arguement on a technical bases that there is no infringing for seeding (because the seeder is never giving away a working copy of the file) and there is no contributory infringment if there is no infringement in the first place, then that would apply to every countries laws including the US.
Fundamental arguements like only leachers are criminally liable and only when they did not buy a right to the content (recovery rights). Would apply to every country that has fair use doctrine. Which of course is every country.
Quote:
Originally Posted by wootpr0n
I just found out that there are no juries in Sweden, so this will make it difficult to win. But then again, the judges are elected, so they may be tempted to find for the pirate bay.
Really, the judge doesn't know what the hell a torrent is. And now neither does the prosecutor. The only people who know what they are doing are the people who are on trial. So whatever the pirate bay is going to say, the judge will believe them. It's not like there is going to be anybody there capable of disputing anything that they say.
I think that they can use a good argument - their service is legal. They distribute torrents that don't contain copyrighted materials. They aren't checking the content of the torrents. And they are not the ones uploading the torrents. Their users are uploading torrents, and some of those torrents have legal content in them. So the pirate bay is only providing a service.
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add the fact that the prosecution had already published a paper saying that they don't that the pirate bays actions were legal, and this case is going forward because of pressure from US lobby groups