Four Pirate Bay staff convicted to one year in prison

Published 17 April, 2009, 14:18

A Swedish court has convicted four men of helping people to break copyright law by creating and running The Pirate Bay file sharing website. The media corporations who own the content sued them for loss of earnings.

The Stockholm district court sentenced Gottfrid Svartholm Warg, Peter Sunde, Fredrik Neij, and Carl Lundstrom to one year each in prison. They’ve also been ordered to pay damages of 30 million kronor ($3.6 million) to a series of entertainment companies, including Warner Bros, Sony Music Entertainment, EMI and Columbia Pictures.

However, the site creators have repeatedly said that the sentence will not hamper the functioning of their site in any way.

Media companies in the US would like nothing more than for the creators of The Pirate Bay file-sharing site to be tossed in prison for good, but many people say that closing down the site would be an infringement of their rights.

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According to Gottfrid Svarholm, the young man who started the website, being called a ‘computer nerd’ isn’t offensive, but he admits that he prefers to be called ‘the captain in Sweden’s battle against corporate America’.

The Pirate Bay

The Pirate Bay website allows users to search for and download ‘torrents’ – small files that contain the metadata necessary to download files other users made available. So, like other torrent sites, it doesn’t offer the actual music, video and software files to the users, but enables them to search for necessary files and download the files direct from each other.

In November 2003, Svarholm shook up the world of entertainment by starting the world’s biggest file-sharing site and boldly named it The Pirate Bay. Today, the entertainment industry is locked in a nasty battle with him and his allegedly illegal business in a Swedish court.

Svarholm argues that he is not stealing anything, and that the business is absolutely legal.

“In the way Swedish copyright law is written, you’re not actually committing a crime if you're referencing to pirate material,” he says.

Media giants like Time Warner, MGM and Universal disagree, and are claiming $13 million in lost revenue from Pirate Bay alone. Their lobbyists in Sweden presented evidence suggesting the file-sharing site is a multi-million dollar business with offshore accounts and trust funds worldwide.

“The Pirate Bay has been making money by helping people to commit a crime – the people who are using the content the creators have made, without paying,” said Henrik Ponten, Anti-Piracy Bureau lawyer.

Pirate Bay says it has 22 million users a month. It allows anyone with a computer and an Internet connection to download the latest media free of charge. It has been accused of violating the copyright laws of most countries, but it is so popular that it has become the norm.

The Pirate Party

The Pirate Party is a political party in Sweden which strives to reform laws regarding copyright and patents. Their agenda also includes support for a strengthening of the right to privacy, both on the Internet and in everyday life, and the transparency of state administration.

Every day, millions of people both upload and download pirated music, movies or software on the web, taking their chances that they won’t get caught. With The Pirate Bay trial, many users argue that they are simply exercising their basic human rights.

“It’s not about getting free music,” said Christian Engstrom from the Pirate Party.

“It’s about the right to communicate without the authorities, listening in every conversation you have. The only way to stop downloading is to monitor all that ordinary citizens do on the net. We don’t want that kind of society.”

As a result of what the Pirate Party calls ‘Sweden succumbing to pressure from the US’, a law came into effect this month obliging Internet providers to reveal names and addresses of people suspected of sharing pirated files.

The anti-piracy lobby considers the law a major victory. They now hope the pirates will get locked up and their profits will continue unabated.

Regardless, file swappers say trying to stop them is like swimming against the tide. Many are convinced that even if Pirate Bay sinks, another file sharing site will set sail again.

Meanwhile, Sweden’s National Museum of Science and Technology has acknowledged The Pirate Bay’s historical significance by placing one of its now unused servers on display, reports The Register website. The server was among those confiscated by police during a raid in May 2006 and recently returned to the owners. The museum purchased it for about $245 and made it part of a display which aims ‘to stimulate interest in finding out more about the area of intellectual property rights’.


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