Submission + - The Pirate Bay Aftermath Circus in Swedish Press
MaulerOfEmotards writes: Reading the Swedish news reports, the turmoil surrounding the aftermath of The Pirate Bay trial continues.
Part of the news are occupied with Tomas Norström, the presiding judge of The Pirate Bay trial. Mr. Nordström is suspected of bias after reports of affiliation with copyright protection organisations, for which he has been charged reported to the appeals court, is rapidly gaining a certain notoriety. The circus around him is currently focused on three points. First, his personal affiliation with at least four copyright protection organisations, a state the potential bias of which he himself fails to see and refuse to admit. Secondly, Swedish trials use a system of several lay assessors to supervise the presiding judge, one of which, a member of an artists' interest organisation, which is far fewer than Mr. Norström himself, was by Mr. Norström made to resign from the trial for potential bias, and his failing to see the obvious contradiction in this casts doubts on his suitability and competence. Thirdly, according to professor of judicial sociology Håkan Hydén the judge has inappropriately "duped and influenced the lay assessors" during the trial: "a judge that has decided that 'this is something we can't allow' has little problem finding legal arguments that are difficult for assisting lay assessors to counter".
The apparent grave legal problems if the trial itself is also of medial interest. Professor Hydén continues with enumerating "at least three strange things" with "a strange trial": Firstly that someone can be sentenced for being accessory to a crime for which there is no main culprit: "this assumes someone else having committed the crime, and no such individual exists here ... the system cannot charge the real culprits or it would collapse in its entirety". It is unprecedented in Swedish judicial history to sentence only an accessory. Secondly, that the accessories should pay the fine for a crime committed by the main culprits "which causes the law to contradict itself". And thirdly that accessories cannot be sentenced to harsher than the main culprit, which means that every downloader must be sentenced to a year's confinement. In closing Me. Hydén sums up by saying that to allow this kind of judgement the Swedish Parliament must first pass a bill making this kind of services illegal, which hasn't been done.
Part of the news are occupied with Tomas Norström, the presiding judge of The Pirate Bay trial. Mr. Nordström is suspected of bias after reports of affiliation with copyright protection organisations, for which he has been charged reported to the appeals court, is rapidly gaining a certain notoriety. The circus around him is currently focused on three points. First, his personal affiliation with at least four copyright protection organisations, a state the potential bias of which he himself fails to see and refuse to admit. Secondly, Swedish trials use a system of several lay assessors to supervise the presiding judge, one of which, a member of an artists' interest organisation, which is far fewer than Mr. Norström himself, was by Mr. Norström made to resign from the trial for potential bias, and his failing to see the obvious contradiction in this casts doubts on his suitability and competence. Thirdly, according to professor of judicial sociology Håkan Hydén the judge has inappropriately "duped and influenced the lay assessors" during the trial: "a judge that has decided that 'this is something we can't allow' has little problem finding legal arguments that are difficult for assisting lay assessors to counter".
The apparent grave legal problems if the trial itself is also of medial interest. Professor Hydén continues with enumerating "at least three strange things" with "a strange trial": Firstly that someone can be sentenced for being accessory to a crime for which there is no main culprit: "this assumes someone else having committed the crime, and no such individual exists here
