So the Swedish courts have convicted The Pirate Bay of contributing to copyright infringement. They have each been sentenced to 1 year in prison. Currently,
of course, they remain free pending appeal. The defendants (although
I'm tempted to call them 'victims') have also been order to pay $3.6mil to various entertainment companies.
I have 2 issues with these kinds of trial. Firstly I have a problem with the billions of dollars that the entertainment industry claim they lose. It's an entirely meaningless figure which I assume they pulled from some unholy (excuse the pun) orifice. You can't equate 1 download with 1 sale. For example I have, on my
ipod, a couple of Goo Goo Dolls tracks. If I had to pay for them they would not feature on my
Itunes and yet the
RIAA would have the world believe I've stolen about £4 from them.
My second problem is on a technical point and so this might be boring for non-techies. Essentially the pirate bay has been declared illegal for acting as a search engine and host for torrent files.
Torrent files are essentially pointers or maps. They are generated by hashing algorithms which creates garbage numbers which relates to the file. You
couldn't use this data to reconstruct the files in any way and technically the hash file would be valid for a theoretically infinite number of files. What I'm getting at here is that the copyright holders cannot claim copyright of these files.
So you can't claim that the pirate bay
hosts any copyrighted material.
Presumably then, the courts took issue with the search engine role of The Pirate Bay. This means that Google is also illegal since it indexes many many torrent files.
This leaves the argument that The Pirate Bay facilitates copyright infringement. However it was established in
Sony Corp. of America v. Universal City Studios, Inc that products or services which
allow copyright infringement are not illegal providing there is a
legitimate legal use for the product or service, which
of course there is. I
also find it interesting that Sony was the defendant in the above case but was on the other side in The Pirate Bay case. Damn Sony... I hate the PS3 too.
So is
filesharing immoral? Yes I think so. People should be compensated for their work if it's deemed worthy.
Is
filesharing illegal? Yes you are violating someones copyright, taking away their right to control distribution of their work.
Is The Pirate Bay illegal? I
don't believe so. Illegal activities certainly take place there, but there is a
ligitimate purpose for tracker websites. The Pirate Bay just has an unfortunate name.