The Pirate Bay asks for retrial claiming conflict of interest

By EDRi · May 6, 2009

This article is also available in:
Deutsch: [The Pirate Bay fordert die Wiederaufnahme des Prozesses aufgrund eines Interessenskonflikts |]

Macedonian: [Pirate Bay бара повторно судење тврдејќи… |,mk/]

According to Sweden’s national radio station, Thomas Norström, the judge in
The Pirate Bay trial was a member of pro-copyright groups just like several
of the main figures in The Pirate Bay case representing the entertaiment
industry or prosecution side.

Apparently, Norström is a member of the Swedish Copyright Association
(Svenska föreningen för upphovsrätt), together with Henrik Pontén, Peter
Danowsky and Monique Wadsted, three representatives of the entertainment
industry in the case against The Pirate Bay. The judge also belongs to the
board of the Swedish Association for the Protection of Industrial Property
(Svenska föreningen för industriellt rättsskydd), which is lobbying for
tougher copyright laws. Peter Althin, Peter Sunde’s lawyer, stated on 23
April that he intended to ask for a retrial. “I will point that out in my
appeal, then the court of appeal will decide if the district court decision
should be set aside and the case revisited.”

Judge Norström denied the fact that his involvement with the two
pro-copyright organisations constituted a “conflict of interest” in The
Pirate Bay trial as the verdict against the site was decided by both the
judge and jury.

Former Chief Prosecutor Sven-Erik Alhem considers that the situation will be
harmful for the image of the Swedish courts internationally as well as at
the domestic level casting doubt over the judicial neutrality and safety of
the Swedish judicial system.

Rickard Falkvinge, Pirate Party chairman, has called for the annulment of
the verdict considering it is a case of “corruption and miscarriage of
justice” adding that “the copyright lobby has really managed to bring
corruption to Sweden.”

On 18 April, the Pirate Party organized demonstrations against the decision
of the court in The Pirate Bay case, in several cities of Sweden, with more
than 1 000 supporters demonstrating in Stockholm for The Pirate Bay
defendants and file sharing. The decision of the court has also led to a
significant increase of the Pirate Party membership.

Pirate Bay judge and pro-copyright lobbyist accused of bias (23.04.2009)

Pirate Bay lawyer calls for retrial (23.04.2009)

Judge In Pirate Bay Trial Biased (23.04.2009)

Swedes demonstrate in support of Pirate Bay (19.04.2009)

Pirate Bay judge denies ‘conflict of interest’ (23.04.2009)

EDRI-gram: The Pirate Bay founders considered guilty by the first Swedish
court (22.04.2009)