Given their public bravado, The Pirate Bay's proprietors may be incapable of bending to even the sternest pressure from copyright holders. setting up sites in other countries still.' He doesn't know if Dutch authorities are likely to stage a similar assault on the new servers, but insists the group is preparing still more contingencies. 'We kind of figured that they would come, sooner or later, to test everything in court, so we had backup plans.'ĭespite the raid, Peter says he doesn't expect any of his group to face criminal charges in Sweden.

That's why he and his colleagues were ready at a moment's notice to arrange server space in the Netherlands. Such a test case was likely inevitable, and The Pirate Bay correctly anticipated that it would be at the center of the squall, says Peter.

'As far as I know that issue hasn't been tested in the Swedish courts.'

law, and 'they seem to think there is no secondary liability under Swedish copyright law,' Hayes says. That's secondary liability, where a provider is held responsible for the illegal actions of its users.īut the site isn't directly subject to U.S. 'That argument would not work in the U.S., because they are promoting piracy,' says David Hayes, chairman of the intellectual property group at the law firm Fenwick and West.

The site administrators believe that what they are doing is currently legal under Swedish law, because they don't host the pirated content themselves, only the pointers that let people get the files. Copyright minimalists, Piratbyran and The Pirate Bay seek abolition of most intellectual property law. The defiance follows the politics of the Swedish anti-copyright organization Piratbyran, which founded The Pirate Bay in 2004, but has since gone it own way. The Pirate Bay has a longstanding history of defiance to international copyright enforcers, most clearly exemplified by its habit of posting and publicly mocking take-down notices received from content owners.

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