As we reported in couple occasions last month, the judge Tomas Norström in the Pirate Bay case was allegedly biased for being a member of at least two copyright associations. According to TorrentFreak, the defense lawyer Per Samuelsson has now sent a letter to the Court of Appeal addressing the issue of unfair trial.
"I don?t want to say that the randomness of judge selection has been ... [ read the full article ]
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Originally posted by DXR88: this doesn't surprise me in the least, he's probably there to buy out the remaining jury
Of course DXR88!
If getting the biased Judge of your choice doesnt work theres always buying the jury, dragging the trial on for years, making up evidence, you name it and they think of it as a way to win!
making up evidence? if you read the notes from the case the plaintiffs didnt understand their own evidence,(at one point the "technician" tried to explain how tpb worked but couldnt get his laptop to work) they dont need to make it up because they dont even know what the hell they were doing in the first place it was the sloppiest most disgusting presentation of arrogance from the plaintiffs side they could have showed up with nothing and still won this because of the good ol boy network the media industry is running
Originally posted by glazenuts: This would not happen in the US. Judges are required to recues themselves when there is a conflict of interest which this surely is.
? it happens more in the US then any part of the world, when cash flow is in trouble, i don't care where you are big brother is there to bail you out.
Originally posted by glazenuts: This would not happen in the US. Judges are required to recues themselves when there is a conflict of interest which this surely is.
Sad thing is that this can happen almost anywhere in the world. In any legal matter where the arbiter has a vested interest in either side of the matter, whether by direct association or otherwise, should recuse himself from those proceedings. It's very simple, because even the most objevtive of judgments will have the ugly taint of bias.
The worst thing in this case is that Tomas Norström is a senior judge who should have known better. Despite his 'expertise' in copyright cases, he should have known that his board membership in a pro-copyright group alone should exclude him from this matter. As it stands now, whether the case against The Pirate Bay had any merit is of little consequence, because of the appearance of bias by the presiding judge. to add insult to injury, a board member of a group that Norstrom is an active member of gave representation on the plaintiff's side of this matter ....
Seems to me that the deck was stacked against TPB gaining a fair hearing in this matter. And given the eventual verdict despite the prosecution's admittedly weak and porous case, this can prove to be a very embarrassing chapter in Swedish legal history ...
Of course the judges are biased. How else do you reconcile the fact that in most major cases involving copy right the company with deeper pockets generally wins or the damages awarded are insignificant. Of course there is always more to it than meets the eye!
Just study the cases of Lotus123 vs visi-calc, windows vs apple os and again Lotus123 against Excel.
