4 ms·

Seriously? How on earth could this have not been uncovered long ago? I know that the pbay lawyers are really good, I wonder if they knew this all along and held

by jessep 17y ago

Seriously? How on earth could this have not been uncovered long ago? I know that the pbay lawyers are really good, I wonder if they knew this all along and held it as a card in case they lost. I mean, the judge is not just a member of a Swedish org campaigning for more strict copyright, he's on the board! Absolutely amazing, I can imagine him chuckling and rubbing his hands together when he had the opportunity to hear the case.

TomOfTTB 17y ago
I don't know how Swedish courts work but in the United States all you can really do is privately ask the judge to recuse himself. If he chooses not to you can request that be noted in the court record as possible grounds for an appeal and from there you go on with your case. So really all an attorney can do is wait things out and then present it as an appeal after the trial.
- eli 17y ago
  Sounds like it's the same over there.
nebula 17y ago
when he had the opportunity to hear the case. Was that opportunity just a coincidence? or it was manipulated so that he would hear the case?
- tvon 17y ago
  Any reason to actually believe it was manipulated or are you just tossing out suggestions of conspiracy?
  - badger7 17y ago
    It's perfectly valid to question whether or not a conflicted judge pulled any strings to hear the case - that sort of thing goes on, and he has shown lack of judgement at best and outright corruption at worst. Everything about his position in this case needs to be thoroughly investigated, but that's one of the most important things IMHO. If he made any effort to hear this case himself, that makes lack of judgement less likely and planned corruption more likely.
    - rbanffy 17y ago
      If a conflicted judge pulled strings to hear the case, this proves a conspiracy. This accusation should be thoroughly investigated and, perhaps, the way cases are assigned should be rethought.
Confusion 17y ago
It seems reasonable that you first try to win a case and only invest the time required to look for these kinds of connections when it proves necessary? Especially since it should rarely occur, as judges do not usually waste the governments' money in such an obvious way. Everyone and his mother understands that this will lead to a retrial. @TomofTTB: IANAL, but as far as I know, these kinds of conflicts of interest will cause retrials in most of western Europe.
- rbanffy 17y ago
  "that you first try to win a case and only invest the time required to look for these kinds of connections when it proves necessary?" No way. You look into these connections as soon as possible - it will help shape your defense - and, if the verdict favors your client, you shut up forever. OTOH, if the verdict doesn't favor your client, you go for a retrial and try to invalidate as much of the prosecution's evidence as possible. It's risky, because now everybody knows everybody's hand, but, in face of an unfavorable ruling, this seems to be the way to go. You should prepare some new evidence to clear your client.
netsp 17y ago
Being very speculative.. Isn't this a free option? If it's enough to get the judge swapped isn't it enough to overturn a guilty verdict? They get an opportunity to try the case, the possibility of winning. Then they have an easy path to a retrial. Being the victim of judicial corruption can't be that bad for their cause.
knightinblue 17y ago
If I was a pbay lawyer and I knew this info, I wouldn't release it right away. This way, if the judgment is for my clients, great! If not, I can then release it, claim bias, and get a new trial. If I released it right away and replaced the judge, I won't have an ace up my sleeve if the judgement goes against my client. It's pretty smart actually.
- jonas_b 17y ago
  Quite insightful comment! I think now, if they spin this correctly, PBay will have far more leverage for their main point - that the trial is a set up by the IFPI-industrial complex.

by jessep 17y ago

TomOfTTB 17y ago

I don't know how Swedish courts work but in the United States all you can really do is privately ask the judge to recuse himself. If he chooses not to you can request that be noted in the court record as possible grounds for an appeal and from there you go on with your case. So really all an attorney can do is wait things out and then present it as an appeal after the trial.

eli 17y ago
Sounds like it's the same over there.

nebula 17y ago

when he had the opportunity to hear the case. Was that opportunity just a coincidence? or it was manipulated so that he would hear the case?

tvon 17y ago
Any reason to actually believe it was manipulated or are you just tossing out suggestions of conspiracy?
- badger7 17y ago
  It's perfectly valid to question whether or not a conflicted judge pulled any strings to hear the case - that sort of thing goes on, and he has shown lack of judgement at best and outright corruption at worst. Everything about his position in this case needs to be thoroughly investigated, but that's one of the most important things IMHO. If he made any effort to hear this case himself, that makes lack of judgement less likely and planned corruption more likely.
  - rbanffy 17y ago
    If a conflicted judge pulled strings to hear the case, this proves a conspiracy. This accusation should be thoroughly investigated and, perhaps, the way cases are assigned should be rethought.

Confusion 17y ago

It seems reasonable that you first try to win a case and only invest the time required to look for these kinds of connections when it proves necessary? Especially since it should rarely occur, as judges do not usually waste the governments' money in such an obvious way. Everyone and his mother understands that this will lead to a retrial. @TomofTTB: IANAL, but as far as I know, these kinds of conflicts of interest will cause retrials in most of western Europe.

rbanffy 17y ago
"that you first try to win a case and only invest the time required to look for these kinds of connections when it proves necessary?" No way. You look into these connections as soon as possible - it will help shape your defense - and, if the verdict favors your client, you shut up forever. OTOH, if the verdict doesn't favor your client, you go for a retrial and try to invalidate as much of the prosecution's evidence as possible. It's risky, because now everybody knows everybody's hand, but, in face of an unfavorable ruling, this seems to be the way to go. You should prepare some new evidence to clear your client.

netsp 17y ago

Being very speculative.. Isn't this a free option? If it's enough to get the judge swapped isn't it enough to overturn a guilty verdict? They get an opportunity to try the case, the possibility of winning. Then they have an easy path to a retrial. Being the victim of judicial corruption can't be that bad for their cause.

knightinblue 17y ago

If I was a pbay lawyer and I knew this info, I wouldn't release it right away. This way, if the judgment is for my clients, great! If not, I can then release it, claim bias, and get a new trial. If I released it right away and replaced the judge, I won't have an ace up my sleeve if the judgement goes against my client. It's pretty smart actually.

jonas_b 17y ago
Quite insightful comment! I think now, if they spin this correctly, PBay will have far more leverage for their main point - that the trial is a set up by the IFPI-industrial complex.