fredag 1 oktober 2010

Spectrial.S02E03

Since I've seen people asking for summaries in english of what's happening in the trial I thought I might as well comply to those wishes. I don't really care whether I write in swedish or english, and there are plenty of other blogs to read if you want the information in swedish.

The day started out with Per Samuelson trying to explain why Carl Lundström is innocent. A major change from the first trial is his tactics. Before he was pleading the case of all four as a collective and claiming that TPB as a site/tracker is completely legal, now he is concentrating on just his own client and claims that Lundström was not involved with the site and the others in such an extent that he could be considered an accomplice. This move will surely make Samuelson less popular among pirates, but it's completely understandable, he has to look out for his own client and has no obligation for the others at all. In fact, if he were to sacrifice his own client to possibly save all of them he would be at fault. I personally think it's a good move and his arguments sounded very well thought out. TorrentFreak has a pretty good account of what points he made:
Lawyer Per E Samuelson refuted claims from the prosecution that his client was actively involved in financing the Pirate Bay. In the fall of 2004, Carl Lundström met with Fredrik Neij at Dreamhack, who introduced him to the The Pirate Bay website, the lawyer said. This was after the website was founded.
Lundström later hired Neij as an employee for Rix Telecom in Gothenburg, the lawyer explained. The two made a deal to cut the wage of Neij in half in exchange for rack-space in the Rix Telecom datacenter where The Pirate Bay’s servers were placed. According to the defense, there was a verbal agreement that The Pirate Bay would eventually pay for itself.
In the hour that followed, Lundström’s lawyer disconnected his client even further from The Pirate Bay. Among other things, he presented an agreement between the three other defendants, an Israeli businessman and an advertising company. The agreement related to The Pirate Bay’s operation but didn’t include Lundström. - (1)
After lunch the trial continued with the recorded cross-examinations of Gottfrid Svartholm-Warg. This of course brought nothing new at all to the table. We got to hear once again how the three plaintiff lawyers attacked Warg like a pack of rabid wolves, mostly regarding the technical aspects of TPB and the letters of complaints he received and then posted online mocking the copyright holders. Warg claims that in order to get something removed they should have contacted the user who uploaded the torrent file and not TPB. Further he claims that every search-engine online works as a substitute for TPB and that there should be no difference. He also responds to Danowsky that if he had gotten proof that TPB was illegal he would not have run the site/tracker.

As a final not regarding this day, although I think Samuelson made a good decision regarding this clients case, I miss his award-winning King Kong defense :) Oh, and listening to poor-quality recordings of something you've heard before isn't as interesting as I thought it would be, even if it's fun to hear Warg run laps around Danowsky and Wadsted.

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(1) - TorrentFreak

2 kommentarer:

  1. No pirate will get angry at Carl Lundström because they do not understand why he is in the courtroom in the first place.. Ie, they know he had nothing with TPB to do..

    SvaraRadera
  2. I was talking about Samuelson, since he did a very good job on defending TPB in the last trial, but yeah, you're right.

    SvaraRadera