This case is straight out of a movie, involving our internet freedom, our liberty, and our digital future. The Pirate Bay Trial is historic. Take a look at the dynamics of Both the sides:
The Prosecution (Bad guys) are using the following:
- generalization of facts to distort them
- assumptions based on mis-assumptions.
- 'lack of evidence' points put out of the record(selective showing)
- very very little technical knowledge
- hypothesies
- hyperboles
- involved politics
The Pirate Bay (The Good Guys) have these points:
- country law mostly on their side.
- EU law on their side.
- very good technical knowledge
- real figures given in court talk.
- no relation with users committing crime.
- provides indexing service just like Google
- no generalization, straight to the point.
- no politics involved
- says if linking to copyrighted material is illegal, then almost every site in the world, including Google, can be found guilty.
You can guess what my side is, what's yours?
V
(thanks to a comment by 'Doh' in TorrentFreak)
1 comments:
Whilst I agree wholeheartedly that our system of law relating to intellectual property is broken and needs (desperately) to be fixed, beware chalking up one side or another as "good" or "bad" guys.
Just because the Pirate Bay are a necessity in the process of snapping the neck of a newly irrelevant industry doesn't mean they are wholly without guilt.
But yes; this trial is historic, and it's a terrible thing that we've even had to come to this.
Further to your list of bullet points:
-With regard to technical knowledge, the knowledge exists and is accessible to the prosecution. It's the fact that they deliberately ignore or distort technical details to other people who don't know better (judges and juries) that is so horribly reprehensible.
-Hyperbole & Unfounded Hypothesis
Both sides are guilty of this; either way, these have no (or very conditional) place in a courtroom.
In related news:
At present in Australia, our 3rd largest (and arguably one of our best) ISPs is being sued by a whole mess of media corps.
The reason?
iiNet refused to send on threatening letters to their users who were accused by the plaintiffs of downloading their material.
It wears me out sometimes.
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