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PhoenixDown
-- Wants FIOS
Premium
join:2003-06-08
Fresh Meadows, NY
kudos:1

Can someone copy/paste this?

»torrentfreak.com/50-of-charges-a···-090217/

I can't read it at work.

{insert copyright infringement comment here}
--
»Left Align the Forum Column


Doctor Four
My other vehicle is a TARDIS
Premium
join:2000-09-05
Dallas, TX

Here you go:

said by TorrentFreak :
What has been shown in court today is that the prosecutor cannot prove that the .torrent files he is using as evidence actually used The Pirate Bay’s tracker. Many of the screenshots being used clearly state there is no connection to the tracker. Additionally, prosecutor Håkan Roswall didn’t adequately explain the function of DHT which allows for so called “trackerless” torrents.

The flaw in the evidence was pointed out by Fredrik Neij (TiAMO), who requested to comment on Roswall’s explanation of how BitTorrent actually works. Fredrik said that the prosecution misunderstood the technology, and told the court that the evidence doesn’t show that the Pirate Bay’s trackers are used.

This has resulted in prosecutor Håkan Roswall having to drop all charges relating to “assisting copyright infringement”, so the remaining charges are simply ‘assisting making available’. “Everything related to reproduction will be removed from the claim,” he said.

The defense was happy to see that already half of the charges were dropped during the morning session of the second day. “This is a sensation. It is very rare to win half the target in just one and a half days and it is clear that the prosecutor took strong note of what we said yesterday,” said defense lawyer Per E Samuelson.

Peter Althin, representing Peter Sunde said, “It is clear that this is an advantage for the accused.”

“EPIC WINNING LOL,” Peter himself later commented on Twitter.

IFPI was quick to release a statement where they try to spin the dropped charges into something good. “It’s a largely technical issue that changes nothing in terms of our compensation claims and has no bearing whatsoever on the main case against The Pirate Bay. In fact it simplifies the prosecutor’s case by allowing him to focus on the main issue, which is the making available of copyrighted works,” IFPI’s legal counsel said.

During the remainder of the morning session it was mostly prosecutor Håkan Roswall talking. Among other things he explained in detail how email works (made no mistakes there). Several details on the hardware that was taken during the raid in 2006 were discussed, as well as invoices and email conversations about server costs.

After the lunch break, around 1:30pm the court decided to end the day early. Tomorrow morning the prosecution will continue to build (or break) their case and on Thursday the defense will have its say.

This is a breaking and developing story, check back here for updates….


--
"The trouble with computers, of course, is that they are very sophisticated idiots." - Doctor Who (from Robot)

Pv8man

join:2008-07-24
Hammond, IN

reply to PhoenixDown
Sure thing "PhoenixDown"
here ya go, happy reading.

-----------------------------

50% of Charges Against Pirate Bay Dropped
Written by enigmax on February 17, 2009

There has been high drama on the second day of the Pirate Bay trial. Due to serious shortcomings in the prosecution evidence, around 50% of the charges in the case are going to have to be withdrawn. The defense describes it as a ’sensation’, seeing half of the charges being dropped on the second day.

pirate bayWhat has been shown in court today is that the prosecutor cannot prove that the .torrent files he is using as evidence actually used The Pirate Bay’s tracker. Many of the screenshots being used clearly state there is no connection to the tracker. Additionally, prosecutor Håkan Roswall didn’t adequately explain the function of DHT which allows for so called “trackerless” torrents.

The flaw in the evidence was pointed out by Fredrik Neij (TiAMO), who requested to comment on Roswall’s explanation of how BitTorrent actually works. Fredrik said that the prosecution misunderstood the technology, and told the court that the evidence doesn’t show that the Pirate Bay’s trackers are used.

This has resulted in prosecutor Håkan Roswall having to drop all charges relating to “assisting copyright infringement”, so the remaining charges are simply ‘assisting making available’. “Everything related to reproduction will be removed from the claim,” he said.

The defense was happy to see that already half of the charges were dropped during the morning session of the second day. “This is a sensation. It is very rare to win half the target in just one and a half days and it is clear that the prosecutor took strong note of what we said yesterday,” said defense lawyer Per E Samuelson.

Peter Althin, representing Peter Sunde said, “It is clear that this is an advantage for the accused.”

“EPIC WINNING LOL,” Peter himself later commented on Twitter.

IFPI was quick to release a statement where they try to spin the dropped charges into something good. “It’s a largely technical issue that changes nothing in terms of our compensation claims and has no bearing whatsoever on the main case against The Pirate Bay. In fact it simplifies the prosecutor’s case by allowing him to focus on the main issue, which is the making available of copyrighted works,” IFPI’s legal counsel said.

During the remainder of the morning session it was mostly prosecutor Håkan Roswall talking. Among other things he explained in detail how email works (made no mistakes there). Several details on the hardware that was taken during the raid in 2006 were discussed, as well as invoices and email conversations about server costs.

After the lunch break, around 1:30pm the court decided to end the day early. Tomorrow morning the prosecution will continue to build (or break) their case and on Thursday the defense will have its say.



kamm

join:2001-02-14
Brooklyn, NY

reply to PhoenixDown
Here's Gizmodo's summary:

quote:
Good news, copyright bandits: due to an error by the prosecution in misunderstanding exactly how BitTorrent trackers work, all charges related to "assisting copyright infringement" have been dropped. Halfway there!

The mixup came when the prosecution attempted to tie several .torrent files to the Pirate Bay's tracking servers, which called for Bay co-founder Fredrik Neij to point out that, hey, that's not quite how it works. All of that evidence linking actual torrents to the Pirate Bay has now been thrown out, leaving only the charges related to "assisting in making available" copyrighted works.

The prosecution is shrugging this off, saying that it in fact "simplifies the prosecutor's case by allowing him to focus on the main issue, which is the making available of copyrighted works." Of course the defense is taking quite the opposite stance: On Twitter, the message from Bay honcho Peter Sunde is, appropriately, this: EPIC WINNING LOL.

Like Brian said after day 1, I guess I'm kind of conflicted about this trial too. But, when I'm fully honest with myself, of course I'm rooting for the pirates. Wave the flag, down with the RIAA, and all that. I'm also down with avoiding any scenario that could bring BitTorrent as a whole to its knees. We'll be following more news from the 13-day trial as it hits. [Torrent Freak, image: the bus used as trial transportation by the Pirate Bay folks]


»i.gizmodo.com/5154950/pirate-bay···-dropped
--
[BQUOTE=[user=bicker]]Waaaa waaaa waaaa. You just want what you want and don't care to factor in what is right or true. Your perspectives are un-American, and deserve far more ridicule than I'm prepared to pile on them.
[/BQUOTE]


fifty nine

join:2002-09-25
Sussex, NJ
kudos:1

reply to Pv8man
Wow, good for them!

I'm hoping for an epic FAIL from the copyright police.


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