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TPB: The Other Appeal
The Hollywood mafiosi think Norström was too lenient and too cheap.
STOCKHOLM (Radsoft) -- All the record companies and two of the film companies from the district court trial of The Pirate Bay have also appealed the verdict. They claim it was too kind towards TPB and they were awarded too little.
And they want to bring back the charges dropped by state prosecutor Håkan Roswall on day two.
The record companies Sony, Universal, Playground, Bonnier Amigo, EMI, and Warner Bros demanded damages for over €2 million (~SEK 21 million). The district court reduced this amount to 1.2 million.
Peter 'Bulldog' Danowsky claims the actual damages to his clients are a lot more significant.
'The question of damages in the case of copyright infringement should be dealt with thoroughly by the appeals court', says Bulldog. 'The district court didn't give us what we wanted so of course we have to appeal.'
But Brokep's legal representative Peter Althin has a different opinion. And he's not surprised Bulldog appealed. Althin says the defendants haven't caused any damage at all and further claims the district court couldn't provide any proof of such damages.
'Regarding the amount of damages I called professor Roger Wallis. All the other so-called 'experts' used by the plaintiffs had a direct connection to the plaintiffs and therefore were not impartial. Roger Wallis told the court one cannot conclude there have been any damages at all - and yet he's not mentioned in the verdict aside from noting he was called as a witness.'
'The verdict has no mention of his testimony at all. I find that rather remarkable.'
Althin plans to call Wallis again in the appeals court trial.
New Judges Hopefully Impartial
The Swedish appeals court Svea hovrätt have appointed three new judges for the conflict of interest issue in the district court trial of TPB - the main judge was found to have conflicts of interest identical with magistrate Tomas Norström (and in fact had belonged to the same copyright lobby organisations).
The new judges are Anders Eka, Christina Jacobsson, and Ulrika Beergrehn.
'The reason for this is that the conflict of interest issue should be decided by judges other than those who may later preside over the appeals case. And due to the nature of the conflict of interest accusation it's more appropriate that the ruling be made by judges who aren't specialists in copyright law', according to the press communiqué.
The conflict of interest case has been given a high priority. Appeals court Fredrik Wersäll says a decision in the case will take a few weeks at most. The appeals court will not begin the actual appeals trial until the conflict of interest issue is resolved. And if Tomas Norström is found 'guilty as charged' the appeals court can send the case back to the Stockholm district court again.
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