The pirates King Kong defence

The Pirate Bay trial is into it’s fourth day and is being reported by bloggers, tweeters, reporters and commentators. It is almost impossible to miss this media event. This is also part of the problem since the trial itself has become larger than life and more interesting than the actual law. In reality the participants are less than exciting and the law plods along in its usual manner.

Things worth noting so far:

The prosecutor strangely decided to alter the charges (dropping copying and focusing on making available) – this is not uncommon but it was strange that it should occur on day two after a year of preparations. At the same time this doesn’t alter much even though it may importantly effect the damages that can be awarded.

The decription of the bittorent technology involved was badly explained. This is even more surprising as the prosecutors description of the facts should have been acceptable to all. Instead everyone is left with the impression that the prosecutor and his surrounding team is not tech savvy at all.

One of the defence lawyers used the “King Kong defence” when he stated that the prosecutor must show that the defendant has personally interacted with the copyright infringer. Even many users use aliases like King Kong and may well be in the jungles of Cambodia the prosecutor must show such personal interaction. This is a development of the Chewbacca defense.

kingkong

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