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Student Bay File-Sharing ‘Admin’ Walks Free

After a legal process lasting more than three years, the alleged administrator of The Student Bay, a Swedish website dedicated to indexing textbooks, has been acquitted today. The court ruled that there was no evidence that the 23-year-old had created or administered the website, or had any direct role in copyright infringement.

“In Sweden, education is claimed to be free of charge. Despite this students are forced every term to spend thousands of kronor on books necessary for their education.”

These were the words that accompanied the launch of a new file-sharing site in 2008. The aim of The Student Bay was to bring to free books to the masses.

“Student Bay does not publish the course books as a whole, rather we divide them up in chapters, so that one can download them for personal use,” they added.

Due to the similarities present in their domain names and logos, speculation grew that The Pirate Bay and Student Bay were connected. There were even claims that The Pirate Bay’s Gottfrid Svartholm (aka Anakata) was directly linked with the site, an accusation he denied.

By December, Student Bay had been reported to the police by the Swedish Association for Educational Writers (SLFF) with the organization insisting that Svatholm was connected to the site. In fact the only connection was that the site had been hosted at PRQ, a web host previously owned by Svartholm.

Indeed, The Pirate Bay openly criticized Student Bay for taking subscriptions via premium SMS and suggested that sharing should be free, but by May 2009 it was a moot point – Student Bay had closed.

Last December, very nearly 3 years after the original complaint against the site, Swedish prosecutor Frederick Ingblad announced that a 23-year-old man had been prosecuted for founding and running Student Bay.

He was charged with violating and assisting in breaches of copyright law between August 2008 and May 2009, and charged with “regularly receiving and assimilating payments” from site users totaling $8,000.

But despite a lengthy investigation and legal process, the prosecution were left disappointed by a ruling from the Södertörn District Court today.

In the judgment the Court said that the prosecution had not shown “that [the defendant] alone or in concert with others had started the website StudentBay.se, whose domain was registered by another person during the fall of 2007.”

The defendant had previously admitted doing some paid design work on the site but denied being the site’s operator. The District Court agreed, noting that it had “not been established” that the defendant had “administered the website.”

The Court concluded that despite being involved with the website the defendant had not done enough to be found guilty of the crime in question – facilitating copyright infringement of textbooks.

“It’s excellent that there was an acquittal,” said Victoria Westberg, spokeperson for the Young Pirates. “We believe that it’s obvious that no one should be found guilty for only having designed a website and created a logo. It feels good that the District Court shares our view.”

The prosecution is expected to appeal.

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  • Chuck

    In Nelsons voice: HA HA!

    • User

      This sucks.

      • Anonymous

        You think it sucks that an innocent man with no evidence against him is finally free from the needless harassment and worry that has blighted his life for over 3 years and can now get on with his life.
        Even you MAFIAA shills who believe we are all guilty until proven innocent must admit that this guy has done just that.

  • http://twitter.com/happyizpunjai happy

    Respect earned….. Studentbay is now officially a new free school to teach.

    • http://twitter.com/RodriquezArmand Rodriquez Armando

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    • Anonymous

      my friend’s mom brought home $21947 the previous week. she been making cash on the internet and got a $521900 condo. All she did was get blessed and put into action the tips leaked on this link >>> http://makeonlinecash2.blogspot.in

    • Anonymous

      Passing knowledge through books is deemed legal. This is a good day.

  • http://www.ukdeals.me/ UK Deals

    At least that’s another person who has been fond innocent and this means that it can go back to normal for him.

    • Rain Day

      I don’t believe anyone can ever go back to “normal” after spending time under the threat of prosecution for something they didn’t deserve to be prosecuted for. That’s the real evil of it all. The “sue everyone” path of the so called “Content Industry” damages lives and causes real harm to real people. It’s shamefully cruel and ugly, and it needs to stop.

      • http://www.ukdeals.me/ UK Deals

        Wasn’t quite what I was getting at. You’re correct though as there are a lot of problematic with the current systems. This system is messing up lives and costing a lot of time and money.

      • Anonymous

        Hear hear!

    • Desu75

      But at least it was a sissy country like Sweden. In the US shit is real.

  • Bonyjose

    like a boss….

  • Anonymous

    Recently courts seem to have a better understanding “pirating” and aren’t just imprisoning people or handing out fines.

    • Anonymous

      I’m sorry, that’s only an impression you hold and it’s wrong.

      There is no general “trend” anywhere. A court in Sweden has nothing in common with an American, British or say Spanish court.

      They literally have so different laws and procedures that they cannot be compared in any way or manner. Oh, yes, I actually am a lawyer.

      • MadocComadrin

        Hmm? Not sure what you’re trying to prove here, but there has been a trend, if not a small one, leading to further enlightenment of all things spawned of or reincarnated by the electronic age.

        • Anonymous

          You are seeing a pattern where there is none.

  • http://profiles.google.com/zerianis10 Christopher Kidwell

    About time….. the government is going to have to realize that having ‘admin access’ to a site doesn’t mean that you own nor run the site. It could mean that you are being paid to write the site and ‘clean up’, but the real duties of administration are left to someone else who you might never have met.

  • Anon

    Time to continue the site with this free press and an acquittal. Boom. Big middle finger to the swedish mafiaa.

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  • Andrew Lee

    It’s a damn shame he had to go through all that for over three years. I think they owe him every single penny he spent for starters. Then a big chunk for the awful emotional damage during them years.

    They need to get it through their think skulls abusing the legal system just because they can afford to DOES NOT mean it should be done. In matter of fact it should be fucking illegal.

    They know it fucks with the little guy who don’t have gigantic corporate bank accounts and lawyers. The damage has already been done they accomplished their goal by wreaking havoc on that kids life FOR OVER 1000 DAYS.

    It really pisses me off to think they can get away with doing that to people just because they can afford it. This guy needs to sue them back to hell an example needs to be made. Doubt it will happen since they had three whole years to fuck with this poor kid.

    Well I wish the kid the best and I hope he gets on with his life and forgets about all of them scumbags. I mean really if one of them ever came close to me I’d bust them right in their cock sucker. It would be worth the trip oh yeah!

  • http://torrentfreak.com/ Rob8urcakes

    I don’t like the idea that it was a pay-site, but if the authorities picked the wrong guy to prosecute then that’s their own incompetent fault.

    I wonder what the prosecutions main grounds of appeal will be. “We don’t care if we’re wrong, or if we charged the wrong person, coz all we want is someone somewhere to suffer. That’s how we justify our wages.”

    • un-defended

      “We don’t care if we’re wrong, or if we charged the wrong person, coz all we want is someone somewhere to suffer. That’s how we justify our wages.”

      Sounds like the police and other government agencies in the USA.

  • Pingback: Student Bay File-Sharing ‘Admin’ Walks Free | We R Pirates

  • Anonymous

    had he been found guilty, after simply deigning a website or logo, i wonder how far the entertainment industries would have taken EVERY other website on the internet? there is no way that they should have been able to do anything, but we all know the lengths they will go to just to shut sites down and the charges they lay as well. here, they insisted that Anakata was involved with the site, when they knew full well he wasn’t. yet again, this sort of accusation wasmade just to get the police to do what was wanted. when will law enforcement learn that they are being taken for a complete bunch of fucking idiots, just to please some jealous arse hole(s) somewhere that cant stand competition!

  • Sethofthesea

    Young pirates is a broken link

  • Anonymous

    Can you imagine how this guy’s fate would have been written if the prosecutor were given the right to “discard” exculpatory” evidence after harvesting incriminating evidence; or, interfere with his right to be represented by the attorney of his choice?

    • Anonymous

      That would not be possible in any European country (EU or non-EU), with the exception of Belarus.

      Those rights you mentioned are not only included in various national constitutions or similar laws, but all European countries are subject to the European Convention on Human Rights through treaty (“contract”).

      A treaty that establishes that all member countries must respect these rights in their domestic systems or face court [as a country] in the European Court of Human Rights.

      If a country fails to respect Article 6, the “right to a fair trial” (ex. legal representation), they would be convicted and forced to grant a new trial, damages and possibly other sanctions against the country in question [by all other European countries and the EU].

      If that’s not enough to scare you the country could be subject to a trial in the EU Court for failing to uphold the treaties and obligations of the EU. If they fail to respect that the EU member could face stiff fines, lose access to the inner market and other freedoms. Countries could stand to lose access to all funding from the EU’s central bank and the EU budget! How’s that for scary?

  • tonyj

    Education for the masses is still a great idea. Free education for the masses is even better. Can you imagine how are quality of life would be improved if everybody had a Phd.

  • Pingback: Student Bay File-Sharing ‘Admin’ Walks Free | Best Seedbox

  • Anonymous

    This is certainly one huge screw up by the investigators researching the site. In any such investigation it needs to be proved who is involved in the site, what their roles are, then proof of exact acts they did.

    Instead the defence successfully proved he had only done some web design and pretty pictures for the site where the prosecution could not prove any administrator role or him assisting any infringement.

    If anything this should teach them to do a better investigation so that their case does not collapse at the first hurdle. Congratulations on his aquittal.

  • PelouzeTF

    What the FUCK, Sweden. We didn’t get you to judge brokep guilty just so you could let this sort of crap go free. What a waste of bribe money.

  • Anonymous

    Wow I think that is like totally amazing dude! Oh yeah!
    Get-Privacy.tk

  • Anonymouse

    you can appeal an aquittal in schweden?!!

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  • Anonymous

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  • Whatever

    Spammers like you should be castrated.

    • Jmorse43508

      Quirk Objection!

      Spammers have nothing to be castrated.

  • Whatever

    Preferably without anaesthetic

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