Pirate Bay Defendants Convicted

, delicious – July 21, 2009 § 0

They were convicted on one charge, assisting in copyright infringement (violation of the ‘making available’ right), and cleared on the other – ‘preparing a violation of copyright law.’ Sentence: 1 year in jail. In addition ordered to pay 2.7 mln euros in damages to entertainment companies. That sum was calculated in relation to 33 works listed on the indictment, distributed on TPB bwn 7/2005 and 31.5.2006 | The court found that TPB was a commercial information service provider as defined by the law (the commercial element being derived from their advertising revenue). As they stored torrent files, rather than providing transient storage necessary for a given transmission, they would have had to have in place a process for dealing with copyright complaints in order to be exempted from liability. They didn’t do this, although they knew that some of the torrent files related to copyrighted materials. He concluded that TPB’s operations were conducted in a commercial and organised manner.

Pirate Bay Defendants Convicted

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