Pirate Bay Judge Accused Of Conflict In Another Case As Well

from the oops dept

Following the revelation that the judge in The Pirate Bay case may have had a serious conflict of interest, it looks like the Swedish press has decided to investigate some of his other decisions as well. So now they've turned up another recent case (article in Swedish, here's the Google translation), this time involving BMW, where the judge appears to have been connected to the lawyers representing BMW as well. It's not clear how close the connection was, but it does bring into question why a judge, who's in charge of interpreting laws, should be associated with any group that is advocating a specific change in the law -- because it's difficult to see how he could be impartial in any related case.

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  • icon
    kirillian (profile), 6 May 2009 @ 3:53pm

    Clearly so...

    Clearly his motivations/involvement/interest HAVE to be called into question, especially in Sweden where, at least according to another commenter (TOC I think it was), a jury by peers is not available. Even if the judge claims no conflict of interest and nothing can be ascertained, it is important that the issue be cleared up, ESPECIALLY as the Pirate Bay case has potential ramifications for consumer rights and our rights as global citizens.

    reply to this | link to this | view in chronology ]

    • icon
      kirillian (profile), 6 May 2009 @ 3:55pm

      Re: Clearly so...

      I need to clear that last statement up...the only method that I can see being useful for clearing this issue up is to actually call either a mistrial or allow for an appeal in a higher court. The trial must be redone in order to clear up the issue...otherwise, those of us who are not pro-BIG-Business can't help but wonder if it's just a sham.

      reply to this | link to this | view in chronology ]

  • icon
    ChurchHatesTucker (profile), 6 May 2009 @ 4:01pm

    English summary

    Short summary in non-machine English is here.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 6 May 2009 @ 4:02pm

    No Need to wonder..

    It's always a big sham.. We've been shammed since the day we where born.. All started with umm.. whats his name? Oh yah... God.. That's right.. They've been lying to us our whole lives... The truth will be revealed soon enough though (I hope).

    reply to this | link to this | view in chronology ]

  • identicon
    Eo Nomine, 6 May 2009 @ 4:14pm

    "It's not clear how close the connection was, but it does bring into question why a judge, who's in charge of interpreting laws, should be associated with any group that is advocating a specific change in the law -- because it's difficult to see how he could be impartial in any related case."

    The Swedish copyright assocation and the Swedish Association for the Protection of Industrial Property (and its Finnish, Danish and Norwegian counterparts) are not lobbying organisations, but places where *all* IP experts (regardless of whether they represent industry or not) come together. Claiming that a judge is biased in a copyright infringement case because he's a member of a professional association of IP experts is analogous to claiming that a judge is biased because he is a member of a bar association and clearly believes in the rule of law.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 6 May 2009 @ 4:39pm

      Re:

      The Swedish copyright assocation and the Swedish Association for the Protection of Industrial Property (and its Finnish, Danish and Norwegian counterparts) are not lobbying organisations

      Oh no, of course not. That should be obvious even from their very names, shouldn't it?

      Claiming that a judge is biased in a copyright infringement case because he's a member of a professional association of IP experts is analogous to claiming that a judge is biased because he is a member of a bar association and clearly believes in the rule of law.

      No, it's more like claiming that someone is interested in sex with boys just because he's a member of NAMBLA. It's a reasonable conclusion.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 6 May 2009 @ 5:24pm

      Re:

      Swedish Association for the Protection of Industrial Property

      PROTECTION ?

      Yeah, they are not biased ...

      reply to this | link to this | view in chronology ]

    • identicon
      A Swede, 8 May 2009 @ 6:14am

      Re:

      "The Swedish copyright assocation and the Swedish Association for the Protection of Industrial Property (and its Finnish, Danish and Norwegian counterparts) are not lobbying organisations, but places where *all* IP experts (regardless of whether they represent industry or not) come together. Claiming that a judge is biased in a copyright infringement case because he's a member of a professional association of IP experts is analogous to claiming that a judge is biased because he is a member of a bar association and clearly believes in the rule of law."

      The Swedish copyright assocation is a part of Association Littéraire et Artistique Internationale that has as a requirement for membership that you support the following:
      "Any person or legal entity interested in authors' rights, and not at risk of being influenced into taking up positions that are inconsistent with the principles of literary and artistic property, may make application for membership of ALAI."
      What kind of "open" discussions is possible with such constraint on membership? You are not even allowed to be at risk of listening to arguments from the other side.

      If we turn to Swedish Association for the Protection of Industrial Property that is very not just a discussion club. This group is involved in feedback on new laws and is documented to openly argue that that the EU regulations about providers of services on the internet having a safe harbor if they don't know about the crime, should be ignored, and the provider should be held responsible for everything the customer does no matter if they know about it or not. Not by coincident Tomas Norström in the Piratebay case refused the defendants to bring up the binding EU regulations as defense. This is one of the reasons the defendents have appealed the trial outcome to a higher court.

      reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 6 May 2009 @ 6:07pm

    Sounds like this judge is more trouble than he is worth. Might as well fire him and hire/elect/appoint a judge that can actually do his job, so he's not impeding people's trials.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 6 May 2009 @ 8:39pm

    ha ha ha ha ha ha ha, HA HA HA HA HA HA HA HA, Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA

    Sorry, I just knew the whole case was a joke, This just proves it!

    Good Job content protectors ....

    ha ha ha ha ha ha ha, HA HA HA HA HA HA HA HA, Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA ha ha ha ha ha ha ha, HA HA HA HA HA HA HA HA, Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA ha ha ha ha ha ha ha, HA HA HA HA HA HA HA HA, Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA ha ha ha ha ha ha ha, HA HA HA HA HA HA HA HA, Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA ha ha ha ha ha ha ha, HA HA HA HA HA HA HA HA, Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA ha ha ha ha ha ha ha, HA HA HA HA HA HA HA HA, Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA ha ha ha ha ha ha ha, HA HA HA HA HA HA HA HA, Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA hA

    reply to this | link to this | view in chronology ]


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