Comment Re:come on, let's face it (Score 1) 1189
Let's face it, it's illegal and they got caught.
Maybe some of the content was illegal, but what Pirate Bay did was not - at least by Swedish law (IANASwedeL). All they did was host tiny text files and provice a search database. They were a tracker, not a host.
This is basically the same as American cops raiding Bell because the Yellow Pages lists the phone number of a paper mill, and paper can potentially be used to write harassing letters.
I think the pirate bay will be deemed illegal if the case comes up in front of a jury. It's clear to everyone that they knew they were facilitating piracy - indeed, that was the overwhelming majority of the content they pointed to. If the yellow pages were basically a list of where you could get illegal drugs, and the front page said "Get your illegal drugs here!", I'm sure it would be illegal as well. Even though you wouldn't actually get any drugs along with the yellow pages themselves.
In general, any off-site link might go to illegal material, the content the link points to can be changed at any time, and it's out of your control. You can not be held responsible for this. But if you're main activity is to knowingly link to illegal content, you are in a different category.
That is my interpretation - it will be interesting to see what happens.
Maybe some of the content was illegal, but what Pirate Bay did was not - at least by Swedish law (IANASwedeL). All they did was host tiny text files and provice a search database. They were a tracker, not a host.
This is basically the same as American cops raiding Bell because the Yellow Pages lists the phone number of a paper mill, and paper can potentially be used to write harassing letters.
I think the pirate bay will be deemed illegal if the case comes up in front of a jury. It's clear to everyone that they knew they were facilitating piracy - indeed, that was the overwhelming majority of the content they pointed to. If the yellow pages were basically a list of where you could get illegal drugs, and the front page said "Get your illegal drugs here!", I'm sure it would be illegal as well. Even though you wouldn't actually get any drugs along with the yellow pages themselves.
In general, any off-site link might go to illegal material, the content the link points to can be changed at any time, and it's out of your control. You can not be held responsible for this. But if you're main activity is to knowingly link to illegal content, you are in a different category.
That is my interpretation - it will be interesting to see what happens.
