The Pirate Bay Trial - Appeal

Appeal

After sentencing, the defendants decided to appeal the verdict of the first trial. The appeal started on September 28, 2010 and concluded on October 15, 2010. On November 26, 2010, the verdict was announced. In the verdict, the court found that “The Pirate Bay has facilitated illegal file sharing in a way that results in criminal liability for those who run the service.” Under the verdict, the sentences of three of the defendants would be reduced and the total fines would be increased. The fourth defendant, Gottfrid Svartholm, was not present at the time due to medical reasons. His time for appeal expired on 14 October 2011, and the original 2009 sentence became legally binding for him.

The sentence from the appeal traded jail time for increased fines. After the initial trial, each defendant was to serve a year of jail time and pay fines just under 1 million dollars each. After the appeal, Fredrik Neij was sentenced to 10 months, Peter Sunde to 8 months, and Carl Lundstrom to 4 months in prison. The Svea Court of Appeal decided to grant all Nordic companies their full request in compensation for copyright infringement due to The Pirate Bay, with outside companies being granted smaller gains in compensation. The total fine for the three defendants was increased from 32 million Kronor to 46 million Kronor (US$6.5 million) Each defendant was issued different sentences because of individual contribution toward facilitating illegal file sharing. Instead of issuing all defendants the same sentence, they were each judged on their contribution and sentenced accordingly. However, the fine is to be paid by the three defendants present at the sentencing. The verdict was appealed to the Supreme Court.

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