trial

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Anna Jumped on Flickr - http://flickr.com/photos/17665603@N02/
Photo: Anna Jumped on Flickr. CC BY-SA.

… makes Daniel a dull boy.

In other words, been a lot of work lately. And at the same time a million things are going on in my personal life (in a positive tone), leaving me with no time for blogging.

Here in Sweden the TPB Trials (aka Spectrial) has ended and the outcome is quite unsure. No real evidence as to any individuals guilt was presented, and it looked more like a political trial against the BitTorrent system and the guys running trackers.

UPDATE: Oscar Swartz reported for WIRED on the trials, read all articles here!

IPRED1 has also been voted through and is set to become effective on the 1st of April (hell of a joke). My guess is that this will be good times for anonymity services such as Relakks and PRQ (yep, the ISP founded by Gottfrid Svartholm and Fredrik Neij, the TPB guys).

Ah well, got to get back to work ;)

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(Click for fullsize)

Remember when...
 
From a friend via chicadelatele.com (Spanish).

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It’s a spectacle, for sure.

TorrentFreak comments in english (via BoingBoing):

“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. But the admins of The Pirate Bay don’t initiate transfers. It’s the users that do and they are physically identifiable people. They call themselves names like King Kong,” Samuelsson told the court.
 

“According to legal procedure, the accusations must be against an individual and there must be a close tie between the perpetrators of a crime and those who are assisting. This tie has not been shown. The prosecutor must show that Carl Lundström personally has interacted with the user King Kong, who may very well be found in the jungles of Cambodia,” the lawyer added.
 

After the King Kong defense the court decided to adjourn the court case, which will continue tomorrow on day 4. Thus far, the trial is ahead of schedule.

Peter said that after today’s proceedings they all went for some pizza, where they met the whole opposing side. He asked if they could pick up the check. “They refused,” he said.”

‘nuf said.

Also, yesterday IFPI’s swedish site got hacked/defaced and was left showing a message telling the prosecutor Håkan Roswall to “Stop lying”. The defacement was signed “The new generation” and gave shouts to the TPB crew.

Is it even necessary to point out how idiotic and counter productive this is? What do they want to gain by hacking their site? Show off how much more technologically adept they are than IFPI? As if that had not already been proved in court, when they had all of their evidence discarded, or in a million other situations. Come on people… Don’t do stuff that’s counter-productive and that might be damaging to the “good guys” and destroying the strong opposition that we got going!

To cite the character Dwight from The Office:

“Every time I’m about to do something, I ask myself,

   “Would an idiot do this?”

If the answer is yes, I don’t do it.”

Might be something to keep in mind when your haxor gene starts tingling…

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The Pirate Bay trials have started and so far it’s looking very good for the TPB guys. The sound from the trial is broadcasted via SR (Swedish radio) but no video feeds are available unfortunately.

You can also follow the trial through a number of different TPB channels, all being aggregated on the site (Spectacle + Trial = ) SPECTRIAL. If you want to chat to Anakata, Brokep or anyone else they also seem to be online in #spectrial on EFNet (IRC). Twitter feeds can also be found on SPECTRIAL, or by clicking here.

Anyways… Yesterday and today has been used by the prosecutor, Håkan Roswall, to present his evidence. He’s so mindblowingly boring to listen to so both the defendants, the judge and the lay judges have problems staying awake. The judge actually asked him not to be so slow in order to keeo everyone awake ;)

The real problems started for him this morning after presenting most of the torrents that he wanted to use as evidence to “that they had helped with copyright infringement”. Unfortunately for him, no documentation on which tracker that had really been in use had been recorded (as pointed out by the defendants).

This rendered most of his “Aiding copyright-infringement”-evidence useless. As brokep (one of the TPB guys) summarized on twitter a couple of hours ago:

EPIC WINNING LOL - brokep
- reference.

So now the trial has been reduced to a trial on “Enabling the distribution of torrentfiles ‘containing’ copyrighted materials”.

In other words, the prosecutor is actually trying to convict the TPB guys of distributing .torrent files linking to copyrighted information on www.thepiratbay.com. But… since when is linking illegal?

The guys defense lawyer, Per E Samuelson, summarizes:
“This development is amazing – and that this means that the defence has already achieved half their aims”

As brokep says, EPIC WINNING LOL.

More in English from swedish blogger Scaber Nestor here, here and here.

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Been having a million things to do both at home and at work during the last couple of weeks, that’s why I haven’t been posting. I’ve also been trying to get used to a good nights sleep every now and then, and so far it seems to be working out ;)

In a couple of weeks the trial against TPB is going to start and the word on the street is that they’re going to slammed in the first instance (Tingsrätten, District court) as these are run in part by politically elected lay judges.

You can have any feelings you want about The Pirate Bay and file-sharing, but always remember what this trial really is about.

It’s not about file-sharing, if that’s what you thought. It’s really about is whether or not we are going to further impede the freedom of speech and ban linking to content that might contain copyrighted material as that is all that they (TPB) do.

That means that any sucker that links to a YouTube video might be raided (as of the IPRED1 implementation) by the copyright owners, and then you have not even embedded the Video on you site.

I would like all Swedish politicians, judges and people of influence in these matters to listen to this presentation by Lawrence Lessig:

It won’t take much time (~40 mins maybe) and it’s worth every second. He really pinpoints the effects of todays black/white climate in the debate and what the effects of this might be on society.

People do not trust the decision makers (rightfully so) to make the right choices, and the erroneous laws being passed are not respected. As people are not respecting these laws, this leads to the notion that all laws that has been created and or managed by them are not worth caring about. This leads to a general despise of politicians and their mandate with the people is lost.

We are starting to see the effects of this already in many forums. Just read what I’ve written earlier about politicians from my former political party (Folkpartiet, supposed to be the Liberal party) and you’ll get the picture.

Anyways, the trial starts on the 16th of February and I’m going to relay as much of the Swedish information published as possible in English.

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Sitting in a café at Arlanda Airport waiting for my 8 o’ clock flight to Madrid. From there I’ll go to Bilbao. Got up at 04:00 this morning so I’m feeling very tired right now.

There was a snowstorm this Monday and Arlanda has been running at reduced speed earlier this week, but now everything is cleared up and my flight is on time.

In the news this morning I see that the “The Pirate Bay”-trial has been initiated. That’s nice. In my opinion it’s a disgrase that such a high profile case takes two years to initiate. No matter the outcome it will be a very interesting trial. I just hope that the Swedish courts does it’s job and realize that you cannot punish a BBS, no matter what it’s purpose is. If they choose to do so, then I’m guessing that there will be hundreds of cases made against search engines such as Google that actually store (cache) copyrighted materials.

For many artists, at least in Sweden, “TPB” is their primary distribution channel. Ruining that would destroy far more culture than it would generate.

Yeah yeah.. We’ll see what happens.

Other news in Sweden today is that the Government wants to institute laws for other countries, but I’m not even going to get started on that. It’s just embarrassing. Reality-check please.

Cheers ;)

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