Swedish Appeals Court Denies Pirate Bay Retrial -- Says No Bias By Judge
from the no-bull,-no-bias dept
According to Brokep, one of the four people convicted in the trial, the group plans to file charges against the court for human rights violations, and will claim that the appeals court judge was also biased. Not knowing much about Swedish law, I have no idea if that has any chance of succeeding, but it doesn't seem like the argument has worked all that well so far. Christian Engstrom, the Swedish Pirate Party member just elected to the EU Parliament seems to believe that the courts are blinded by the high profile of the case, such that they're applying the law incorrectly:
This is part of a pattern. It show that the Swedish legal system is no longer to be trusted when it comes to copyright cases. It's a travesty of justice quite simply. There are certainly problems with the laws too but this also shows that the courts are not capable of applying the laws in a correct manner. I've been a lay judge for seven years and I've never seen an indictment as bad as the Pirate Bay verdict. But that didn't stop the court from setting ridiculous sentences.Now, of course defenders of the entertainment industry's position seem to have a blind spot as to how The Pirate Bay can possibly be considered legal, but Engstrom's right. The law in Sweden doesn't seem to have been applied properly, since The Pirate Bay itself does not host any infringing files directly. It seems like the court still doesn't quite understand that fact. Either way, Engstrom seems to recognize that chances for winning on appeal seem unlikely as well. Instead, he's hoping that citizens will recognize that the law itself needs to be fixed even more:
This makes it clear that the only way to win this battle is through politics. It's a political issue and it's going to be decided at the general election in 2010.