As has been widely reported, the three co-founders of file-sharing website The Pirate Bay have lost their appeal before the Stockholm Court of Appeal against criminal convictions imposed in April 2009.
The Court upheld the trio’s convictions for contributory copyright infringement and increased the collective financial sanctions from $2m to 46 million kroner (USD$6.5m), largely on the basis of the recording industry’s evidence, which was accepted to a greater extent than by the trial judge.
The Court reasoned that ‘The Pirate Bay has facilitated illegal file-sharing in a way that results in criminal liability for those who run the service. For the three defendants the court of appeal believes it is proven that they participated in these activities in different ways and to varying degrees’. Curiously, they were liable to pay the fine in equal amounts.
The really interesting barb in yesterday’s decision is the reaction by the British Phonographic Industry spokesperson, who demanded that English ISPs ‘act responsibly and stop providing unfettered access to this criminal website’. The idea that ISPs could ever come under a duty to block access to a third party website that enables contributory infringement is, of course, absurd, but if these comments are anything to go by, it’s something that ISPs will face increasing pressure to do.