Quote:
Originally Posted by wootpr0n
Some of you are saying that if it is declared legal in Sweden, then it is legal worldwide. That is not true. A US Court can still interpret the law differently.
The Pirate Bay is a service provider. They have no liability. There is no equivalent of the DMCA in Sweden that requires them to take down content upon receipt of a notice. They DO mock notices that they receive, but in reading the mockery, they are not saying, "we can break the law whenever we want", they are saying "you're an idiot for sending us a notice because we aren't doing anything illegal, it might be illegal in the US, but it's not illegal in Sweden".
Users upload torrents, users download torrents. The Pirate Bay isn't involved. In the US, if your service has too much infringement, or you are aware that infringement is taking place and you can control it and you don't, then you are in trouble. But in Sweden, this is not the case.
EU directive 2000/31/EG says that he who provides an information service is not responsible for the information that is being transferred. In order to be responsible, the service provider must initiate the transfer.
The Pirate Bay does not initiate the transfer of the torrent file.
Simply the law isn't there, the prosecution didn't gather enough evidence, it's all a bunch of cry baby US companies, and the prosecutor doesn't even know how a torrent works.
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Which makes an excellent case for banning the domain from the US.
But that would be the fault of the law makers, not the people who openly flout one countries law and take money from that country.
Maybe make a law that would make advertisers partly responsible for who they advertise with. They are just as guilty as TPB. Especially if they're US companies.