[LINK] Pirate Bay Judge Accused of Bias, Calls for a Retrial

Kim Holburn kim at holburn.net
Thu Apr 23 21:40:41 AEST 2009

The Pirate Bay case goes even weirder:


> Pirate Bay Judge Accused of Bias, Calls for a Retrial
> Written by enigmax on April 23, 2009
> One of the biggest cases in file-sharing history ended last week  
> with The Pirate Bay Four sentenced to huge fines and jail time.  
> Today it is revealed that far from being impartial, the judge in the  
> case is a member of pro-copyright groups - along with Henrik Pontén,  
> Monique Wadsted and Peter Danowsky. There are loud calls for a  
> retrial.
> It’s been almost a week since the verdicts of one year in prison and  
> heavy financial damages were passed against the four accused in the  
> Pirate Bay trial. The sentence seemed surprisingly tough to many  
> analysts, with the court chosing to judge on intent only, dismissing  
> all technical evidence.
> But did The Pirate Bay Four receive a fair trial? Today, an event on  
> Swedish national radio SR threw everything into doubt - and it’s  
> barely believable, like something straight out of Hollywood.
> The copyright industry likes to have the outcome of processes clear  
> before engaging them so it’s perhaps unsurprising that SR today  
> revealed that the judge Tomas Norström is in league with it on many  
> fronts. The judge has several engagements - together with the  
> prosecution lawyers for the movie and music industries.
> Swedish Association of Copyright (SFU) - The judge Tomas Norström is  
> a member of this discussion forum that holds seminars, debates and  
> releases the Nordic Intellectual Property Law Review. Other members  
> of this outfit? Henrik Pontén (Swedish Anti-Piracy Bureau), Monique  
> Wadsted (movie industry lawyer) and Peter Danowsky (IFPI) - the  
> latter is also a member of the board of the association.
> Swedish Association for the Protection of Intellectual Property  
> (SFIR) - The judge Tomas Norström sits on the board of this  
> association that works for stronger copyright laws. Last year they  
> held the Nordic Championships in Intellectual Property Rights  
> Process Strategies.
> .SE (The Internet Infrastructure Foundation) - Tomas Norström works  
> for the foundation that oversees the .se name domain and advises on  
> domain name disputes. His colleague at the foundation? Monique  
> Wadsted. Wadsted says she’s never met Norström although they have  
> worked together.
> Commenting on the revelations, Pirate Bay spokesman Peter Sunde  
> brokep said, “Spectrial Cliffhanger in S01 with the verdict - S02  
> started with the judge being biased. Reality beats fiction yet again!”
> There are several renowned lawyers and judicial commentators that  
> are attacking Tomas Norström’s decision to take the case, in spite  
> of having a clear conflict of interest.

> Previously one of the original lay judges in the case had to step  
> down when his involvement in a music rights group became known;
> “Three lay judges were appointed,” said Judge Norström one week  
> before the trial. “On a question from me to the lay judges on  
> whether they had any involvement in copyright associations or  
> similar, or if they are or have been artists one of them answered  
> Yes.”
> That lay judge was removed. It’s anyone’s guess why the judge didn’t  
> think the same should apply to him.

Kim Holburn
IT Network & Security Consultant
Ph: +39 06 855 4294  M: +39 3494957443
mailto:kim at holburn.net  aim://kimholburn
skype://kholburn - PGP Public Key on request

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