• Sweden edition

Pirate Bay facing new suit from US film giants

Published: 28 Jul 09 12:02 CET | Double click on a word to get a translation
Online: http://www.thelocal.se/20954/20090728/

Disney, Universal, Warner Bros and Colombia Pictures are among more than ten major film companies behind a writ to sue for the closure of Swedish file-sharing site The Pirate Bay in Stockholm District Court.

The film companies demand that the court order The Pirate Bay to cease and desist from being accessories to the production of copies of their films and television shows, and to desist from sharing the copyrighted material on the internet.

"We’ve been forced to seek a court order demanding that they stop the spreading of these roughly 100 films and television programmes," the film giants' legal counsel in Sweden Monique Wadsted told The Local on Tuesday.

The writ, presented to the Stockholm District Court on Monday, names as the defendants Pirate Bay backers Fredrik Neij, Gottfrid Svartholm Warg and Peter Sunde, as well Black Internet AB.

Wadsted characterized as "unusual" the apparent disregard the Pirate Bay trio has shown in the face of their conviction for copyright infringement earlier this year.

"They’ve been sentenced to prison for criminal activities but haven’t stopped carrying out those activities," Wadsted told The Local.

The injunction request centres around popular TV shows such as House, Desperate Housewives and Grey's Anatomy, as well as major films such as Die Hard, Harry Potter and the Matrix.

Official court documents reviewed by The Local include four pages of lists of film and television series titles as well as details of release dates.

The film companies require the enforcement of an injunction to prevent the defendants from continuing the activities of The Pirate Bay, "under penalty of a substantial fine".

While the companies request compensation for court costs "with an amount to be specified at a later date" no demand for compensation for copyright infringement is claimed.

Wadsted confirmed that her clients were not seeking any damages from the three defendants "at this stage", but did not rule out that an additional suit could be filed in the future.

"What matters is that the spreading of these works is stopped," she said.

Wadsted added that the US film companies which filed the suit welcomed the possibility that The Pirate Bay switch to a legal downloading service under new ownership.

According to Hans Pandeya, head of Global Gaming Factory (GGF), his company's planned purchase of The Pirate Bay is contingent on finding a way to operate the website's file sharing service in a legal manner.

"If the site becomes legal, that’s good for us. We’re not opposed to it," Wadsted explained.

"But we can't wait and see."

Peter Vinthagen Simpson (news@thelocal.se/+46 8 656 6518)

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12:50 July 28, 2009 by Luckystrike
A question.

I download for example, House season 3 because it's not yet available to buy from Stores. Then when it is available, i buy the box set, say two months later.

I dont see how that is illegal, once you have bought the box set obviously.
13:50 July 28, 2009 by Xavid
When I miss an episode on tv. Where can I get it. In most cases you cannot except p2p. Today is the age of information and people want it now. Whether it is an email, news article or a move. Change your business model. The technology is there. They need to use it.
14:06 July 28, 2009 by misssh
they are too greedy... right i am of to download as much as i can and share it to do my share in hurting these rich mongrels
14:29 July 28, 2009 by RoyceD
How much money should it really cost to make a tv series if those people who wanted to make the series were not forced to use a medium like a Television network to broadcast their show?

That's right, ALOT less than what we are being forced to pay for right now. And this is at the heart of our societies problems. We are charged more everyday for basic products like bread and milk and health care because for these entities to advertise their products to us as consumers they must battle with ALL other products for our attention. This race for attention, caused by media companies charging money for tv time, product placement, actor sponsorship, only results in us paying more for the basics in life. We now PAY for things criminals get for FREE
14:50 July 28, 2009 by Aussie_Downunder
If anything File sharing has made these guys MORE money!!!

I would never have been exposed to some of the material

I have been if it was not for file sharing.

When I listen to a band or see a movie that I really like, I usually go and buy it because I am willing to

pay for something that I think is worth it.

Haven't these fat corporate a*holes played us, the consumers, the fools for long enough? Sure they have to make money as well, but they don't have to make a killing off us.

I say good on the Pirate Bay
15:27 July 28, 2009 by Miss Kitten
I don't either, especially since a lot of the more popular shows like House, the Daily Show, etc., have full episodes available to watch right on their websites.

http://www.fox.com/house/

Edit: Oops..nevermind. Apparently, you can watch the House episodes online only if you live in the US. However, you can watch Daily Show and Stephen Colbert eps online at their respective websites..
17:06 July 28, 2009 by potato man
It does not help this debate to view the entire movie industry as populated by Hollywood fat-cats and over paid actors. Comparisons with the music industry are also erroneous. European cinema is quite different being made up for the most part by small production companies struggling to bring quality cinema or TV to the market place for typically smaller returns. How frustrating then for them to see a critical success being literally stolen by download. The future will hopefully bring a better and fairer distribution model. But for the moment free downloading of new movies is theft - plain and simple.
18:57 July 28, 2009 by Luckystrike
I still dont understand..well i do...Money of course, but.. The money spent on all these Bull lawsuits can be much better spent investing in new technologies to protect their material. For example, a media DVD that is impossible to copy or upload to any source.

Seriously, screw these fat cats, it's there own fault.
19:31 July 28, 2009 by johnsorel
I am a software developer and content creator. I wonder why anyone would invest their money, their time, their blood and sweat into creating anything intellectual if it were simply to be given away to anybody that wants for free? Why invest $100 million to create a movie when everybody wants it for free?

So many of the people who want stuff for free would never themselves consider working for free... or giving away their hard work for free...
20:24 July 28, 2009 by Ragin Cajun
@johnsorel

lol........ because the studios still make money. A perfect example was when the movie "Wolverine" workprint was leaked online before the official cinema release 20th Century Fox went nuts saying how this will hurt the box office business, the movie went on to make $87 million, scoring number one at the box office this weekend. As of today it has gone on to make $364 million world wide.

@Luckystrike

another good old lol, the entertainment industry has tried and tried again with the wonderful world of DRM and has failed, they have spent millions trying to protect their material and have failed at every corner. Why, simple they do not understand the current technology and refuse to change their business model to suite the needs of the consumer. The sad fact is the DRM causes more headaches for the people that actually pay for the material then the hackers.

I would be more than happy to pay for a subscription to stream any TV show (in Sweden)
20:29 July 28, 2009 by bocale1
It is impressive that anybody discusses about money lost by multinationals and so on and nobody is even thinking about a law so intrusive that do not permit people to share with friends what they legally purchase. It is like to not be allowed to give a CD to your friend; why someone should prohibit me to manage the things that I owned as I want? nobody has considered that maybe in this case is a matter of balancing different type of interests and rights? And, by the way, someone should still demonstrate that what is damaged are the small high quality producers. Niche products are well appreciated by a solid (and limited) base of consumers that will continue buy CD's, go to cinema and so on,.,, it is not a case that normally who issue legal complaints about file sharing are majors definitely more interested in money than culture.
20:29 July 28, 2009 by johnsorel
But if the film maker doesn't own any rights over how and when their creative work is distributed, what keeps me from selling tickets to see the movie at the movie theater and not paying the film's creator -- the movie made money precisely BECAUSE the theatres paid license fees for showing the movie..
20:49 July 28, 2009 by insect
bocale1, I completely agree with you. It is like if I went to a supermarket and bought food then invited people for a party and the supermaket sues me because they feel that those people will not buy food because of my party. What ever happened to owning the things you have bought and doing what you want with them???
22:15 July 28, 2009 by eZee.se
"But for the moment free downloading of new movies is theft - plain and simple. "

Dont really know if you are a moron or shill, but downloading can never equate to "theft".

Do a quick search on google for "downloading is stealing", educate yourself and you might not sound like such a big moron or shill... even if you are one.
00:44 July 29, 2009 by johnsorel
So insect: Are you saying a bananna is the same thing as intellectual property?
01:45 July 29, 2009 by potato man
eZee and the kids,

Why can't 'downloading/file sharing' equate to theft?

Writer/ Director has original idea - approaches Producer who raises finance from investors who believe they will see a return. Producer hires crew who contribute their own hard work and talent to project. Film previews at festivals to critical acclaim. Opens at cinema to reap rewards but is already being "shared amongst friends - globally - for free".

So stop kidding yourself that you are fighting some cyber campaign against 'the man' or against having your liberties curtailed. It is theft - just like your mama taught ya.
03:29 July 29, 2009 by RoyceD
Attention Potato man, johnsorel and supporters.

I think you will find no one who would deny a Director their dues for a job well done, an actor the same and so on. No one is arguing against that at all. File sharing supporters are happy for those whose talents are combined to make great movies, books, plays, software to see tangible rewards for their efforts.

But should media giants prosper also? Should actors be payed more than politicians, doctors and teachers? Should music artists lives be glorified in rag mags to the masses to the detriment of real issues being solved? No.

The system is in disarray, 1.4billion people living on less than an US dollar a day says that the system is broken. A huge significant factor in that broken system is the ability to make knowledge free. And if a few over inflated industries need to take a financial hit like the rest of us to help correct this system then that is what needs to happen. That is the argument.
03:51 July 29, 2009 by johnsorel
Right, I follow you... If you can watch Desperate Housewives and Harry Potter for free it will help people in the Sudan who are starving to death.
06:40 July 29, 2009 by Weekend_warrior
I am going to say firstly, that torrents is a great source for television, movies, music, etc...

Now, since most are talking about television shows on here. You guys don't think the networks/Hollywood in the states would be more than happy to put their shows around the world at the same time?

They make billions of dollars in advertising. You download that tv-show, why should Heineken or Coca-Cola bother paying FOX for a 30-second slot during Family Guy?

In the United States, you can watch networks shows for free on their websites. You can blame your own countries and their greed for not making it available. Your television networks can't afford to buy the new stuff, so you get the old seasons. And they need to make money on their own commercials as well. Poor SF Bio can't buy every single film the U.S. puts out, when it premieres...too expensive.
08:16 July 29, 2009 by hilt_m
potato man I can see how it would be bad for the small productions being downloaded free, but at the same time, it's really major productions that are getting downloaded. For the most part I download things that can't been seen on TV in my country, old tv shows that I've heard about and want to know if it's anygood. Often these shows are not on DVD and if they are, then not in my country. Yes I have downloaded movies as well, but these are normally of poor quality and if they are any good I will go see them in all there glory or get the dvd. The big players screem about their loss in money, but for years have been throwing it around. Downloading meadia is the new format, it might be time to move on. I would hate to see the internet so restricted that you get sued every second time you log on.
09:17 July 29, 2009 by bob3000
@ezee

Educated by google are you?

I guess you use google for all your guidance, judging from your past comments and your sensibility about women from your posts over on the other news items.

google is search tool, not an oracle.

What a tool you are.

Your posts have become like some form of hick mentality, mental Diarrhoea.
10:05 July 29, 2009 by potato man
Frustrating arguement this. I'm not trying to defend the excesses of Hollywood or the crassness of advertising.

I would just like reasonable minded individuals to ask themselves is it 'Right' to 'Take' an item when they know that the 'Owner' does not wish them to.

In the real world the vast majority, I believe, would answer no but once on-line a whole new set of shady morals comes into play.
11:44 July 29, 2009 by bocale1
And still nobody really considering:

-the limitation in personal freedom (it is like to have a law prohibiting you to bring people on your car just because, by doing so, you may avoid that those people buy their own car or take public trans, with an obvious business damages for them)

-the fact that copyright model is 2 centuries old and the our culture has produced wonderful master works even before. copyright is not a natural law but just one of the many funding models you may consider for supporting art and culture

-what is more damaged by file sharing are distribution companies, the same the promotes very often poor products and build huge business on trash

-the fact that is not that obvious that an artist, or supposed so, should earn in a year the equivalent of several African countries GDP
12:56 July 29, 2009 by potato man
In answer, bocale1, to your considerations,

-you won't get 25 million peers (Pirate Bay's own figures) in your car.

-Da Vinci, Rembrandt et al were paid.

-everyone gets "damaged", from the artist with the original idea to the guy selling popcorn

-Top actors fees are shameful but thats a different debate.
14:02 July 29, 2009 by bocale1
potato man,

- 25 millions downloading the same file? if you go on a parking, you do not normally jump into any single car parked

- exactly, this is my point. artists can be paid even without copyright. it is just a matter of finding a model compatible with times, technologies and private rights

- come on, this is to be demonstrated. guys who sell popcorns have been damaged by cinema closing down due to pay tv and home video markets... and about artists, it has to be demonstrated that this is valid for all. niche authors will continue having very hot supporters, new artists may be much easily known without our current prehistoric distribution model that leaves in the hands of the majors, very little interested in art and very much on money, the selection and promotion

- maybe not that different since it is a direct consequence of how business is done
17:19 July 29, 2009 by eZee.se
@ bob3000, Google is a wonderful too to educate yourself on matters much more diverse than you would encounter in any classroom.

Dont be a closed minded prick but actually welcome knowledge instead of actively rejecting it like its a disease.

As for my jokes and jabs about the fairer sex, what does that have to do with the totally broken copyright system/downloading/tpb?

Copyright was never meant to be the one shot answer to everything, it was supposed to grant a TEMPORARY monopoly over your creation, but has been totally bastardized by term extensions and making the public foot the bill.

Read up on it via...ummm, google (force yourself..just this once) then talk.

@Potato man, you and your cronies can keep shouting its theft all you want - but the fact is, it never will be, it will always just be copyright infringement. Want examples? refer to my first post.
18:30 July 29, 2009 by potato man
@eZee

What cronies? I'm just voicing an opinion. What's all the hostility about. Are you overweight or an american or something?
08:25 July 30, 2009 by bob3000
@ezee

You seem to be very serious and defensive all of a sudden - hit a nerve did it.

I was pointing out that your other comment were indicative of your hick, back-water way of seeing the world.

But as we said on another post, when you grow up and get a job, your viewpoint may soften a little.

I think you meant tool (not too), but maybe google is a wonderful too..

You should use it to educate yourself, not just sift it for items that re-enforce your narrow gauge viewpoint.
17:36 July 30, 2009 by eZee.se
@potato man, and what do you have against Americans or people who are overweight?

Everyone has an opinion, I was just pointing out yours seems pretty dumb and uninformed - which puts you in the light of a moron, but if thats what you want to be, I wont stand in your way.

@Bob, copyright and our freedom/s is a very very serious topic, least to me, which is why I voted for PP and use a VPN everytime I am on the internet.

As for your reference to my "hick way of seeing the world", its really sad, try growing a sense of humor and then come back.

And yes, I did mean "tool" - a little typo there.

"You should use it to educate yourself, not just sift it for items that re-enforce your narrow gauge viewpoint. "

I do, I use it for work a lot (I worked for ezeeDOTse) now if only you could follow your own advise....
21:20 July 30, 2009 by bob3000
@eZee

Oh yes, I saw the 'slick' and evidently suck-cessful ezeeDOTse. I see how setting the bar very low, aggregating others content, ensures having no-one infringe on your copyright.

Must have worked out well for you.

As I tried to reason with you a while ago, on another topic, there is considerable difference between challenging laws like IPRED and protesting unfair copyright.

You have obviously confused freedom, with anonymity - try using google to explore that concept... (and don't come back with some head-crotch-rot, that they are the same).

Campaigning and boycotting the use of films and music - no purchases, no downloads, would seem like a better way to force a resetting of ways they are sold and the conditions.

- simply consuming more of it enforces the notion that you are simply gagging to watch and listen but are too tight to pay.
00:41 August 4, 2009 by Beaver
have ANY production companies gone bankrupt due to piracy? NO, if they had it would be an enormous news story.

ALL INFORMATION NEEDS TO BE FREE in order to maximize the advancement of our civilization as a whole, which should be what everyone is striving for. All this is is greed, pure and simple.

It's time for corporations to adapt to technology rather than trying to force technology to adapt to their wishes. Make your stuff free on the internet, with ads, it would be much easier to watch and you would make money.

USE PRODUCT PLACEMENT, you can make ALL your income EVEN IF YOUR "INTELLECTUAL PROPERTY" is pirated!!!! These corporations are RETARDED.
00:47 August 4, 2009 by thebeav111
All this is is corporations mad that they are losing control. ALL these lawsuits are filed solely because corporations are power hungry and feel they are losing their power over the people (which they are, FINALLY).

Capitalism is coming to an end, and they are SCARED.

People are always scared of change, but there is nothing they can do to stop it, the sooner they realize that and start adapting to the technology rather than trying to force technology to adapt to them, the better.
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