Still looking for way to drum up a conviction against the the world’s largest BitTorrent tracker site, Swedish authorities were granted extra time to figure out how their copyright laws were broken.
In what’s surely becoming a cause for laughter amongst Sweden’s file-sharing community, Swedish authorities have been granted additional time to formulate a case against the Pirate Bay with a Swedish court giving the lead prosecutor Hakan Roswall until October 1st of this year to file formal charges.
The effort is particularly laughable because the Pirate Bay hosts no copyrighted content whatsoever, simply offering BitTorrent trackers that of course link to the content on users PCs allowing them to share data with one another in good old BitTorrent protocol fashion. A BitTorrent tracker is not copyrighted content.
It’s the users of the site whom have actually have and distribute copyrighted material making the Pirate Bay little more than a facilitator of the process which, as Swedish law currently dictates, is not illegal.
Our friend over the Pirate Bay, Magnus Erikkson, has posted a point by point rebuttal to the arguments made in defense of the extension, which read as follows:
- “That the analyzis of confiscated equipment are still under way and that the equipment to a large extent consist of servers, which makes the work much more time-consuming.”
– A server is not a multi-purpose machine like a regular computer. Contrary to what Roswall claims, it’s often adapted to only one purpose. Therefore, the investigation of a server should be less time-consuming than that of a personal computer. Still Roswall claims that he can’t return the servers even after a year of investigation.
- “That he awaits the opinion of the state crime lab regarding analyzis of scripts and documentation of the torrent database.”
– TPB consists of around 6000 lines of specially written code, or 16 lines of code to analyze each day. Up to three police officers have been dedicated to this for a year. What The Pirate Bay tracker and torrent site does should be obvious for everyone today. - “That the investigation regarding economic exchange in the activity of the Pirate Bay is still going on.”
– If you haven’t found anything illegal in an investigation of economic activity after a year, there is nothing there. No matter how much you wished it was! - “That encrypted information has been encountered in some of the confiscated computers that hasn’t been cracked.”
– This encrypted data does not belong to The Pirate Bay, but to the customers of Internet service providers PRQ. But only confiscation and investigation of equipment belonging to The Pirate Bay was allowed. Besides, a standard level encryption today takes about 40 years to crack. That’s a lot of appeals for prolonged preliminary investigation! - “A large number of people have been actualized in the investigation. These must be questioned before the investigation can be completed.”
– What is a “large number”? Two, five, a dozen? Who are they and why haven’t they been actualized until now? The few people working with The Pirate Bay have been public and there are no army of secret co-workers!
In short, the case is being prolonged for reasons that are probably more political than anything due to the intense pressure that the US and copyright lobbying organizations like the MPAA and RIAA are bringing to bear on Swedish authorities to stamp out the world’s largest BitTorrent tracker site which has long been a thorn in their side.
Unless the Swedish government passes a new set of laws that govern the facilitation of file-sharing they haven’t much to go on in terms of busting the Pirate Bay for copyright infringement since, as I mentioned before, it hosts no actual content.
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