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Comment: Re:Surprisingly, (Score 1) 341

by LeftOfCentre (#26954041) Attached to: Pirate Bay Day 5 — Prosecution Tries To Sneak In Evidence
Their lawyers are in fact some of Sweden's top lawyers (Peter Althin, for example, has handled many famous cases). IANAL but I think the way it works in Sweden is that there are no public attorneys. Instead, private firms provide defence attorneys at the request of the courts. I think a defendent can request his/her preferred attorney, and I think the the tab is picked up by the state (at least in criminal trials -- I feel less certain about this apparently combined civil/criminal trial).
It's funny.  Laugh.

+ - "King Kong Defence" used in Pirate Bay tri

Submitted by Anonymous Pirate
Anonymous Pirate (666) writes "... Carl Lundström's [one of the four defendants] lawyer, Per E Samuelsson took the floor and pointed out the weaknesses in the prosecutor's case. The defense argued that prosecutors have failed to prove that Lundström has been involved in any transfer of any copyrighted material. He played the King Kong defense.

"EU directive 2000/31/EG says that he who provides an information service is not responsible for the information that is being transferred. In order to be responsible, the service provider must initiate the transfer. But the admins of The Pirate Bay don't initiate transfers. It's the users that do and they are physically identifiable people. They call themselves names like King Kong," Samuelsson told the court.

"According to legal procedure, the accusations must be against an individual and there must be a close tie between the perpetrators of a crime and those who are assisting. This tie has not been shown. The prosecutor must show that Carl Lundström personally has interacted with the user King Kong, who may very well be found in the jungles of Cambodia," the lawyer added.

Link to original source"

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