Please create an account to participate in the Slashdot moderation system

 



Forgot your password?
typodupeerror
×
The Courts Government News Your Rights Online

The Circus Widens In Aftermath of Pirate Bay Verdict 319

MaulerOfEmotards sends along an in-depth followup, from the Swedish press, of our discussion the other day about the biased trial judge in the Pirate Bay case. "The turmoil concerns Tomas Norström, the presiding judge of The Pirate Bay trial, who is suspected of bias after reports surfaced of affiliation with copyright protection organizations. For this he has been reported to the appeals court (in Swedish; translation here). The circus around the judge is currently focused on three points. First, his personal affiliation with at least four copyright protection organizations, a state the potential bias of which he himself fails to see and refuses to admit. Secondly, Swedish trials use a system of several lay assessors to supervise the presiding judge. One of these, a member of an artists' interest organization, was forced by Mr. Norström to resign from the trial for potential bias. The judge's failure to see the obvious contradiction in this (translation) casts doubts on his suitability and competence. Thirdly, according to professor of judicial sociology Håkan Hydén (translation), the judge has inappropriately 'duped and influenced the lay assessors' during the trial: 'a judge that has decided that "this is something we can't allow" has little problem finding legal arguments that are difficult for assisting lay assessors to counter.'" Click the link below to read further on Professor Hydén's enumeration of "at least three strange things in a strange trial." On a related note, reader Siker adds the factoid that membership in the Pirate Party exploded 150% in the week following the verdict. The Pirate Party now surpasses in size four smaller parties in Sweden, and is closing in on a fifth. Political fallout could ensue as soon as June, when an election for EU parliament will be held.

Professor Hydén continues with enumerating "at least three strange things in a strange trial" (translation): First, that someone can be sentenced for being accessory to a crime for which there is no main culprit: "This assumes someone else having committed the crime, and no such individual exists here... the system cannot charge the real culprits or it would collapse in its entirety." It is unprecedented in Swedish judicial history to sentence only an accessory. Second, that the accessories should pay the fine for a crime committed by the main culprits, "which causes the law to contradict itself." And third, that accessories cannot be sentenced to harsher than the main culprit, which means that every downloader must be sentenced to a year's confinement. Prof. Hydén sums up by saying that to allow this kind of judgement the Swedish Parliament must first pass a bill making this kind of services illegal, which it has not done.
This discussion has been archived. No new comments can be posted.

The Circus Widens In Aftermath of Pirate Bay Verdict

Comments Filter:
  • by marco.antonio.costa ( 937534 ) on Saturday April 25, 2009 @03:23PM (#27715247)
    Arghh!!!
  • by Idiot with a gun ( 1081749 ) on Saturday April 25, 2009 @03:26PM (#27715271)
    Cause political chaos by throwing sudden, and massive support behind a new political party. Wish Americans were capable of picking some other party aside from Republicans or Democrats.
    • by erroneus ( 253617 ) on Saturday April 25, 2009 @03:37PM (#27715365) Homepage

      The one party pretending to be two have the people sufficiently duped. I think that wrestler turned politician, Jesse Ventura, said it exactly right when he said politics is a tremendous show and it's all fake. In so called "professional wrestling" people do actually get hurt and do actually die, but when they aren't in front of a camera, they are all going out to dinners with one another, playing golf, visiting each other's homes, having parties and the like. They are NOT bitter enemies. Republicrats are the same way. They may actually get indicted and prosecuted and even convicted of various things in and around party politics, but at the end of the day, they're all good ole boys and socialize and play together in their elite circles.

      • by aynoknman ( 1071612 ) on Saturday April 25, 2009 @03:48PM (#27715493)

        The one party pretending to be two have the people sufficiently duped. I think that wrestler turned politician, Jesse Ventura, said it exactly right when he said politics is a tremendous show and it's all fake.

        Piet Hein said it poetically:
        Relativity: A grook with no reference whatever to the two-party system

        To wear a shirt that's relatively clean,
        You needn't ever launder off the dirt
        If you possess two shirts to choose between
        and always change into the cleaner shirt.
        -- Piet Hein

        • by TheLink ( 130905 ) on Sunday April 26, 2009 @04:59AM (#27719639) Journal
          They keep saying their vote will be wasted.

          But here's a statistic for them - in the past 2 US elections: "eligible voters who did not vote" > "number of votes for the winning president".

          If enough of those nonvoters actually bothered to vote, even though for different candidates, the two parties would start changing their tune - since they would know that those voters might realize that in the next election they can get together and kick the two out (if they really dislike the Two that much).

          BUT, as it is, why should the two parties change? Unless the elections were severely diebolded, more than 98% of the voters voted for the "two party" candidates. If either of the Two Parties change too much they might lose their share of the voters. Why should they care about what the nonvoters think? They don't count!

          So, the Two Parties may not actually be colluding that much. They could be just representing the people. Hey, 98% is pretty good representation - democracy at work and all that. If you don't like it, blame the voters and the nonvoters.
      • by timeOday ( 582209 ) on Saturday April 25, 2009 @03:53PM (#27715531)
        Even within a party sometimes. The post-election political embrace between Hillary Clinton and Obama was so rapid, I'm not sure whether to congratulate them for burying the hatchet and getting on with the nation's business, or instead question all that heated rhetoric and emotion they displayed (OK, especially her) during the election? It makes it seem like political theatre rather than genuine, substantive ideological debate.

        PS sending some Bush officials to jail for torture would be an effective counter-argument to the allegation of single-party rule, would it not? As it is, I am really starting to question whether the Nuremberg trials were just "victor's justice." (Oops, Godwin alert! But relevant IMHO). It's so much easier to see the mote in the other guy's eye, Jesus had that one right.

        • by Anonymous Coward

          If you read past the headlines, Oobama didnt abolish torture, the US will still use it as much as before but they only changed WERE they were going to torture.

          But many intelligent people are going around claiming that torture was ended with Obama.
          Which is were his great power lies; he does something and people want to believe so much that they dont read the fine print.

        • by Belial6 ( 794905 ) on Saturday April 25, 2009 @06:52PM (#27716821)
          Yes, the Nuremburg trials wer just "victor's justice". Regardless of the criminality of the defendants, when translators are allowed to intentionally mistranslate [telegraph.co.uk] and make fun [charlierose.com] of defendants, you are dealing with a kangaroo court.
      • by abolitiontheory ( 1138999 ) on Saturday April 25, 2009 @04:29PM (#27715809)

        ...at the end of the day, they're all good ole boys and socialize and play together in their elite circles.

        But also not. While the idea of America's two parties functionally being one big family is novel and intriguing, there are true separations. In the south they really drink sweet tea and own guns and have less (or different) money and go to church a lot. In the north they live in high rises and go to the opera and drive luxury cars and complain about global warming.

        My point is this: I have had dinner with both liberals and republicals so blinded by ideology that had they met a (one-sided) gun fight would have surely insued. The only thing which makes this situation hilarious and tragic is how little significant space actually separates their views, thereby making their ardor hallow and frightening.

        Your comment does raise an interesting point for me, however, having lived near Washington D.C. almost my entire life. I wonder if the artificiality of that town, removed from the country and from the areas where which the elected officials supposedly 'represent' is sufficiently homogenous to truly turn the majority of politics into friends behind the guise of opposition. Maybe them, like us, are just happy to have jobs and to get paid for doing relatively little... essentially for looking busy.

        We all appreciate the ability to get up in arms over nothing. Ardently defending your favorite linux distro or computing platform is a cathartic experience of fervor without something actually crucial to survival being on the line. Perhaps America, so instantiated in its history of wealth and domination, has no reason for actual party creation, affiliation, or division, because nothing has sufficiently rocked the boat so as to leave us concerned to the point of change.

        We're all pretty confident things will recover, one way or another, under the blundering of either blue or red. In this sense, we all believe in one party, the green party, and its simply a matter of whichever other color seems to be most affiliated with that one at the moment that we vote for.

        • Re: (Score:3, Insightful)

          by JDevers ( 83155 )

          You kind of just proved his point actually. The individuals which ascribe to a political party are often very much at odds with the "other" party, however the parties themselves are only at odds with each other in public circles.

          Of course I live in the South, have several friends that live in high rises, I go to the opera at least three or four times a year, drive a German car, and gripe a lot about global warming. I don't waive a rebel flag off my back porch, but I am proud to be from the area I am from

      • by Dachannien ( 617929 ) on Saturday April 25, 2009 @04:35PM (#27715863)

        They are NOT bitter enemies. Republicrats are the same way.

        An irony is that while the politicians get along pretty well, the rank-and-file citizenry of the Democrat and Republican parties in the US are practically at each others' throats, in no small part because they've been goaded there by fringe groups and media personalities.

        • Re: (Score:3, Insightful)

          An irony is that while the politicians get along pretty well, the rank-and-file citizenry of the Democrat and Republican parties in the US are practically at each others' throats, in no small part because they've been goaded there by fringe groups and media personalities.

          And the human propensity for tribalism. We've all heard the famous (mis)quote, embraced by so many - "My Country, right or wrong!"
          The political parties just break it down internally, they might as well say "My Party, right or wrong!"

    • by Sorcha Payne ( 1047874 ) on Saturday April 25, 2009 @03:39PM (#27715393)
      Their political system is fundamentally different from the one in the US, because it allows smaller parties to flourish. Fringe parties with say less than 10% of the vote actually get some representation, unlike in the US where the best they can do is screw one of the two parties.
      • Re: (Score:3, Insightful)

        by Anonymous Coward

        What's the point of that? The point of a political system is not really to "represent" everyone, but to make decisions. These decisions will inevitably be compromises that most people live with rather than love. If you want perfect representation of all beliefs, start a debating club.

        When you have a system that doesn't penalise fringe and special-issue parties you end up with lots of them, and you have "coalitions" of parties. In effect, everyone gets the chance to vote for the party that perfectly encapsul

        • by iJusten ( 1198359 ) on Saturday April 25, 2009 @06:03PM (#27716459)
          Most European countries are ruled by coalitions. Apart of Italy, they tend to be pretty stable and last at least the four years till the next election.

          The party that wins the election tries to find a party that makes it the majority in the parliament. To find such a partner, it has to make concessions and to promise not to go on ideological overdrive. The pressure to rule wisely doesn't come only from outside from the public and the lobbying interest groups, but also from inside the government itself.

          I tend to think this is fairly wise way to rule a country. Sure, you can't make fast moves like you can in America, but on the other hand, the changes that happen are well thought out and not apt to be reversed after the next election. The instability of the cabinet brings, maybe contradictionary, stability to the country as a whole.
        • by Znork ( 31774 ) on Saturday April 25, 2009 @07:07PM (#27716945)

          FPTP tends to produce a two-party system, but these parties have a strong incentive to cluster around where the true compromise position is likely to be

          You mean a strong incentive to cluster around where the money is likely to be.

          The really outstanding part of FPTP is it's really cheap to buy the appropriate representation; it's not like a purchased candidate is going to be replaced with an unpurchased one. You can afford them all.

          Political compromise positions in two party systems do not have to fall anywhere near the voters actual compromise positions; fptp politics, even beside the ease of exerting pressure, simply cannot accurately represent a multidimensional political landscape.

          The system can sometimes be unfair, especially to people with more unusual views

          Oh, please. With the high level of disenfranchisement, the majority position of the US congress is achieved at vote representing somewhere between 20-25 percent of eligible voters. That itself is equivalent with the level of support some far left socialist or libertarians get in some countries with proportional representation.

          However it is because their views are unlikely to form part of the consensus position

          Their views on what? There are certainly many issues where libertarians would join some republicans in forming a consensus on economics. And they'd form a consensus with some democrats on other issues. Adding more dimensions does not mean you get a consensus further from the voters, it means it gets harder for politicians to ignore their voters and quid-pro-quo bargain away issues as they like, as there are other options to vote for.

    • by mrmeval ( 662166 ) <jcmeval@NoSPAM.yahoo.com> on Saturday April 25, 2009 @03:40PM (#27715399) Journal

      Many many laws are on the books that forbid or seriously cripple third parties. There are some areas a third party CAN NOT GET ON THE BALLOT BY LAW.

      Ask the Libertarian party (not to be confused with libertarians) how hard it is to get on the national ballot. They cannot get on some local ballots, in some cases not even as write-in candidates.

      Both the Repulsocrats and Demicrats were more than willing for that legislation to happen. The only thing allowed has been usurpation of a party which the neo-cons did to the Reps and the socialists did to the Demis.

      • Re: (Score:3, Interesting)

        Comment removed based on user account deletion
        • by LordKaT ( 619540 ) on Saturday April 25, 2009 @03:52PM (#27715519) Homepage Journal

          The Libertarian Party has a different set of ideals than those that label themselves as "libertarian" here in America.

          I'd explain it, but I'll be fucked if I could care.

        • by Xtravar ( 725372 ) on Saturday April 25, 2009 @05:04PM (#27716033) Homepage Journal

          Libertarians have a hard time bowing to authority and being labeled.

          So a lot of them feel it necessary to rebel against the Libertarian Party, only dooming every libertarian to even further political insignificance.

          Hence, every libertarian (one who subscribes to libertarian ideals) is not a Libertarian (one who subscribes to libertarian ideals and belongs to the Libertarian Party). Yawn.

          • Re: (Score:3, Interesting)

            Libertarians have a hard time bowing to authority and being labeled.

            Brilliant comment! I find myself giving in to these exact two temptations when discussing my political inclinations with others. So end up saying something along the lines of:
            "Well, if you have to put me in a category, I'm more philosophically in-line with the Libertarian party, but there are important issues that I disagree with the party platform..."

            And, of course, I don't actively participate/volunteer to help the party mostly because I don't want to be bossed around by anyone but myself. Not to say th

        • >>the Libertarian party (not to be confused with libertarians)

          >A little off-topic, but what did you mean by this? I try to keep up
          >with American politics, but the subtlety there seems to have
          >escaped me.

          Libertarians have enough infighting to make communists look like a happy tea party.

      • you mean "neo-libs", don't you?
      • by upside ( 574799 ) on Saturday April 25, 2009 @04:35PM (#27715869) Journal

        Apart from the outrageous examples you mention, it's really because you don't have proportional representation but a "first past the post" electoral system. When only one candidate from a constituency gets elected smaller parties have no real chance.

      • by Kligat ( 1244968 )
        In Tennessee, third parties must get 2.7% of the vote in a gubernatorial election to be able to get on the ballot the next time. If they fail that, they have to get a petition encompassing 2.7% of the state's citizenry. The Greens, Libertarians, and members of the Constitution Party all joined together to sue in federal court for ballot access. I haven't heard about the case at all since mid-2008.
      • Re: (Score:3, Insightful)

        by LihTox ( 754597 )

        Considering that we're talking about Sweden, saying that the US Democratic party has been usurped by socialists is pretty funny.

    • Re: (Score:3, Interesting)

      by Misanthrope ( 49269 )

      It's a side effect of having a parliamentary system in Sweden that this is possible or even influential. Your options are pseudo-majority rule in the US system versus having smaller political groups being used as swing votes. I'm not really sure what I'd prefer in the long run, read up on E.U. politics sometimes. Their farmer subsidies are almost as ridiculous as our own.

    • by migla ( 1099771 ) on Saturday April 25, 2009 @03:43PM (#27715453)

      "Wish Americans were capable of picking some other party aside from Republicans or Democrats."

      In Sweden there's a 4 % threshold for "Riksdagen", the parliament, which probably makes it easier to succeed with a new party, compared to the system in the USA.

      IMO, One thing that the US should perhaps do is to have 2 rounds, like they do in Finland, when electing a president. If no candidate gets > 50% in the first round, the top 2 advance to the second round. This way you could vote for what you really want in the first round and one day an outsider might stand the slightest chance.

      • Re: (Score:2, Informative)

        by Anonymous Coward

        IMO, One thing that the US should perhaps do is to have 2 rounds, like they do in Finland, when electing a president. If no candidate gets > 50% in the first round, the top 2 advance to the second round. This way you could vote for what you really want in the first round and one day an outsider might stand the slightest chance.

        Or they could just implement range voting [rangevoting.org] and get the same or better result with only one election.

      • Re: (Score:2, Insightful)

        by lenkyl ( 1353049 )

        50% of what? the popular vote? for president? you can keep your direct democracy. just because millions of people like something doesn't automatically make it good or worthy to be president. the president is supposed to directly represent the states, not the people.

        and america has runoff elections in case there is no clear majority thank you very much.

      • by Zordak ( 123132 ) on Saturday April 25, 2009 @06:04PM (#27716465) Homepage Journal

        If there is no majority in the U.S. Presidential election, the House picks the President. But I'm not aware of that ever happening.

        If you're thinking of 50% of the "popular vote," you have a fundamental problem, because there is no popular vote in the U.S. It's a fiction of the media's imagination. The people do not elect the President. They vote for electors, who vote for President and Vice President.

        What would be interesting is if all the states went from a "winner takes all" model to picking electors by congressional district and then awarding the two extra electors based on the candidate with a statewide plurality. In that case, a third-party candidate would actually have a chance of not just picking up a few percentage points in the fictional "popular vote", but actually picking up some electors, which could throw a wrench in the major parties' calculus of states. Imagine, for example, if we had done this in 1992. Perot probably would have picked up a fair number of electors, and there would not have been a majority. Yes, it would have gone to the House then, and they would have elected Clinton anyway since the Dems had a majority. But it sure would have been interesting.

        Of course, states don't want to do this voluntarily, because it dilutes their relative importance (and therefore dilutes their ability to demand favors). We'd have to do it by constitutional amendment if we do it at all.

    • Re: (Score:3, Interesting)

      by BuR4N ( 512430 )

      Right now we need to vote for this "one issue" party in the upcoming EU election to get the message trough to the established parties for the upcoming national election.

      I do not believe in these kind of parties normally, but this circus have gone to far.

      The media industry wankers need to realize that they have a under served customer base, and you cant have the goverment help you fix that.

      You know what will happen when they managed to take down the "big guys" , they will go after moms, dads, elderly and dea

    • Re: (Score:2, Insightful)

      by summner ( 735993 )

      I am from a country which in it's relative short history of 20 years or so had about oh shit and some political parties manned by mostly the same people who switch parties when their colleagues fell from public grace. No party has ever secured reelection, and really no one was feeling accountable.

      That I think shows in our example at least that there are no added benefits for having more parties. And for 'outsiders' like yours favourite Ron Paul, yeah we had that too, and they formed their own parties and g

    • by abolitiontheory ( 1138999 ) on Saturday April 25, 2009 @04:34PM (#27715861)
      The name Pirate Party especially intrigues me. The reason is this: movements in history often end up very far from where they start. Imagine in 100 years, when history has stripped the original reason for the naming of the 'Pirate Party' from social memory, as a father explains to his son why the majority party of their country is named after ancient sea-robbers. Already the term pirate has been shifted and reassigned once. What if some day the just majority of a society is known as pirates? Shifts in ideology produce interesting etymological histories.
    • by SnarfQuest ( 469614 ) on Saturday April 25, 2009 @04:43PM (#27715907)

      Cause political chaos by throwing sudden, and massive support behind a new political party. Wish Americans were capable of picking some other party aside from Republicans or Democrats.

      Both the Republican and the Democrat parties are Pirates. They both want all my money, and go to extreme measures to get it.

    • Re: (Score:3, Informative)

      by dcollins ( 135727 )

      Cause political chaos by throwing sudden, and massive support behind a new political party. Wish Americans were capable of picking some other party aside from Republicans or Democrats.

      Unfortunately, there's a primary structural difference in that Sweden uses the parliamentary system and the USA does not. Whereas we use "first-past-the-post" voting, by Duverger's Law, it follows mathematically that only two parties will be successful. In the US you'd need a 3rd party to instantly jump to 51% support in some

  • One of these, a member of an artists' interest organization, was forced by Mr. Norström to resign from the trial for potential bias

    I think this is somewhat of an exaggeration. Probably Mr. Norström discussed it with him and he hade his own decision to resign.

  • by Anonymous Coward on Saturday April 25, 2009 @03:38PM (#27715385)

    Had the judge been an active member of the Swedish Pirate Party, worked closely with the defendants in the past, not disclosed it and handed a not guilty verdict, you can be sure the *AAs would of been all over it like flies on a pile. Mistrial, end of story.

    • by b4dc0d3r ( 1268512 ) on Sunday April 26, 2009 @03:42AM (#27719383)

      Since you posted AC and I can't assess your linguistic skills via a profile, I'll just say we can agree to disagree on how to spell "there". Otherwise, you make a solid point.

      But I think this guy [slashdot.org] goes one better. He's legislating from the bench, and not like the normal accusations, this is like putting innocent people in jail. If you are accused of being an idiot, you go to jail in my courtroom. Accused of wearing plaid, no warrant needed you're in Bubba's room.

  • by skine ( 1524819 ) on Saturday April 25, 2009 @03:42PM (#27715427)

    If the Pirate Party really has that many people, and every downloader must be sentenced to at least a year's confinement, then everybody should turn themselves in and overcrowd the jails.

  • by Anonymous Coward on Saturday April 25, 2009 @03:49PM (#27715499)

    Time to make this judge walk the plank!

  • Strange Professor (Score:2, Insightful)

    by lacoronus ( 1418813 )

    Prof. Hydén sums up by saying that to allow this kind of judgement the Swedish Parliament must first pass a bill making this kind of services illegal, which it has not done.

    But this is exactly what the verdict claims, and the verdict does back it up with references to law, which, when read by a layman like me, seems to support the judge. In particular, the law on electronic commerce states quite clearly that a service provider is responsible for illegal data (like torrent files) stored on their system.

    I am awaiting for the appeal to present some arguments against the verdict itself, and not just "the judge is biased because we lost".

    Everyone claiming that the judge is biased,

    • Re: (Score:3, Insightful)

      by cdrguru ( 88047 )

      I believe the principal problem with the verdict comes down to the following:

      1. Almost everyone pirates. Evaluate the truth of this yourself.
      2. Punishing one pirate is unfair - they must all be punished equally or none at all.
      3. They can't lock up the entire planet - everyone pirates.

      The end result is self-referential and self-fulfilling. Once you buy into this it is logical that piracy cannot be punished and cannot be stopped. Therefore, enjoy! It is all free now.

      • Re: (Score:3, Insightful)

        by lacoronus ( 1418813 )

        1. Almost everyone pirates. Evaluate the truth of this yourself.
        2. Punishing one pirate is unfair - they must all be punished equally or none at all.
        3. They can't lock up the entire planet - everyone pirates.

        (1) Yes. Hell, even Per Gessle, one of the Swedish artists that have made the most pro-copyright noise once filled eight iPods for his musical buddies so they could all get sync:ed up on what "sound" to go for. Of course, he just copied his own collection of music on those iPods. Piracy? Damn straight. Metallica? They used to tape records off each other all the time when they were kids. Piracy? Oh yeah. But if you think about it, were they (Metallica and Gessle) morally in the wrong? I don't think so. There

    • Re: (Score:3, Interesting)

      by Fatalis ( 892735 )

      a service provider is responsible for illegal data (like torrent files) stored on their system

      Why would files containing otherwise legal things like checksums and file names be illegal exactly? Because they can be used for illegal purposes? But so can almost everything. For instance, I can use a hammer to hit you. People have done that in reality and hit others. Should we now fine every Home Depot that sold a hammer that was used in an attack? I don't think so. If the Swedish law allows this in the context

  • While the comments on the size of Pirate Party are correct, it can also be formulated slightly different: PP is, in the moment of writing, the fourth largest party in sweden (with respect to the number of party members). ( source [piratpartiet.se] )

    By the rate of new members, PP should pass 'Centern' in the coming week or something like that, and thus become the third largest party.

    PP's youth organisation is (perhaps unsurprisingly) the largest by far (actually has more members than the second and third combined).

    It sh

For God's sake, stop researching for a while and begin to think!

Working...