Would Google Be Liable Under The Pirate Bay Ruling?
from the answer-is-hazy dept
Carrier's analysis suggests that the Swedish ruling over The Pirate Bay did not go into nearly enough detail on why it made its ruling. Many of the explanations are quite vague, and could be broadly applied to other services. The most interesting part of the paper looks at how Google would fare under the same conditions -- and it finds that while Google has some distinct differences from The Pirate Bay, one could read the ruling in such a way that it absolutely would apply to Google as well -- which has troubling implications. At the very least, it suggests that the Swedish court did not fully understand the technology or the implications of such a ruling, and was more influenced by the fact that it seemed like The Pirate Bay must be bad, and therefore decided to support that in the ruling. But without carefully highlighting why The Pirate Bay is different than Google, the ruling is too vague and potentially dangerous.