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Pirate Bay Supreme Court Appeal “Should Consider ISP Liability” Posted: 21 Dec 2010 02:45 AM PST Late November, the Swedish Appeal Court found three people behind The Pirate Bay guilty of copyright infringement offenses. They were handed prison sentences and ordered to pay millions of dollars in damages. One of the defendants, Carl Lundström, has just filed his appeal and says that among other things, the Supreme Court should consider ISP liability. Last month, businessman Carl Lundström – along with Peter Sunde and Fredrik Neij – was found guilty of contributory copyright infringement by the Appeal Court and sentenced to 4 months in prison and a share of a $6.5 million damages order. “We do not accept the Appeal Court’s ruling,” Lundström’s lawyer Per E. Samuelsson told Swedish radio when confirming his client would take his case to the Supreme Court. It is claimed that Lundström, who is the millionaire heir to the Wasabröd crispbread empire, provided computers, bandwidth and server rackspace for The Pirate Bay in its early days through his company Rix Telecom. He rejects the decision of the Appeal Court on a number of grounds. Firstly, Lundström questions why The Pirate Bay should be held liable for promoting infringements when other Internet services, such as Google, can be viewed as doing the same. Lundström also writes that the prosecutor has failed to prove that he operated “jointly and in concert” with others in respect of any crimes potentially carried out via The Pirate Bay. According to Realtid, Lundström says the Court of Appeal’s conclusion, that he must’ve known that his company had provided equipment free of charge to The Pirate Bay, is wrong. He insists he had no knowledge of any such arrangement. But above all, Lundström insists that since he was a provider of bandwidth to The Pirate Bay, he must therefore have been their Internet service provider. “Assessing the criminal responsibility of ISPs should be the target key precedent in this case,” he explains. Lundström wants the Supreme Court to consider if an ISP should be held liable for assisting in crimes committed by their customers. His lawyer, Per E Samuelson, says that to his knowledge no one has ever been found guilty on this basis before. The appeal lodged by Lundström also questions the huge damages awarded by the Appeal Court against him. As an ISP with no knowledge of the alleged infringements, he feels a share of $6.5 million in damages is excessive. It is believed that Fredrik Neij and Peter Sunde will also file appeals with the Supreme Court in due course. The fourth defendant, Gottfrid Svartholm, is behind in the process due to illness. His case will be handled by the Appeal Court at a later date. Article from: TorrentFreak. | ||||||||||||||||||||||||||||||||||||||||||||||||
Avatar Crowned The Most Pirated Movie of 2010 Posted: 20 Dec 2010 01:22 PM PST With 2010 nearing its end, we take a look at the most-pirated titles across various categories, starting with movies. Aside from the usual suspects such as Oscar winners Avatar and The Hurt Locker, the list also includes a few surprising entries and some notable absentees. Last year Avatar broke all records at the box office, and in 2010 the film’s success continued online scooping up yet another prestigious award. With 16,580,000 downloads on BitTorrent alone, Avatar is undisputedly the most pirated film of the year. Never before have we seen this many downloads of a movie in a single year. This honor previously belonged to last year’s winner Star Trek with 10,960,000 downloads, but Avatar quashed this previous record. Earlier this year we already crowned Avatar as the most downloaded Blu-ray film ever, with 200,000 downloads in just 4 days. In the months that followed the number of Blu-ray downloads of Avatar have exceeded two million. Another expected entry in the list of most pirated movies in 2010 is The Hurt Locker. This film was already available on BitTorrent for most of 2009, but really started to gain attention from the public after it won six Oscars. This huge success online compared to the meager box-office earnings was most likely one of the reasons why the makers of the film sued thousands of alleged BitTorrent users last spring. Despite the looming threat of legal action the downloads continued pretty much undeterred, resulting in a 9th place in todays list. As every year there are also a few notable absentees, such as the two best grossing movies at the box-office this year, Toy Story 3 and Alice in Wonderland. On the other hand, Kick-Ass and Green Zone were both hugely popular among the downloading public, while their box office grosses were relatively modest. The data for this list is collected by TorrentFreak from several sources, including reports from thousands of BitTorrent trackers. All release formats, including cammed versions are counted. Afterwards, the data is carefully checked and corrected.
Article from: TorrentFreak. |
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