> Dear Sirs
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> Further to your response below, you should be aware that your misuse of the FOOTBALL MANAGER trade mark in relation to your services constitutes an infringement in the UK, irrespective of Swedish law and whether or not you are based in Sweden, not least because your â^À^Øthepiratebay.orgâ^À^Ù website is targeting users in the UK (as evidenced by the fact that a substantial number of UK users have already used your services to download this game in the UK). This gives a cause of action and jurisdiction to sue you in the UK. Our client would then proceed to enforce the UK judgement against you in Sweden.
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> In the circumstances, we repeat our request once more that you immediately remove the link complained of and confirm that there will be no further misuse of the FOOTBALL MANAGER trade mark in relation to your services.
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> We look forward to hearing from you.
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> Yours faithfully.
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>
> Willoughby & Partners
>
> The Isis Building, 193 Marsh Wall, Thames Quay, London, E14 9SG, United Kingdom
>
> Tel: +44 (0)207 345 8888 Direct Fax: +44 (0)207 345 4555 law@iprights.com
>
> www.iprights.com
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>
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Dear Prokaryote(s),
Please sue me in Japan instead. I've always wanted to visit Tokyo.
Also, I'm running out of toilet paper, so please send lots of legal documents
to our ISP - preferably printed on soft paper.
No, but seriously. That's simply not how international law enforcement
works. Using the same logic, a country where web sites are forbidden could
press charges against you for having one.
That's a rather interesting argument.
Apparently, Swedish law prevents access to IP addresses. The only time access is given to an IP address , is when the person with the IP address can be sent to jail. The authorities cannot determine whether the person can be sent to jail, unless they monitor the IP address.
Swedish law is good for P2P.
As usual, the post is also on my blog at http://trenchier2.blogspot.com/2005/03/thepiratbayorg-to-riaampaa-etc-go.html
Note : As of this post, thepiratbay.org website is *still* online
Article comments
1 - Aaman
The name/url of the site is incorrect, I'm going to assume, deliberately, so will not provide the right one, to deter pirates looking to anchor in a bay
These guys do this for every C&D letter they receive - some good examples.
2 - trenchier
The correct link is here
http://static.thepiratebay.org/legal/
3 - Dave Nalle
Last I checked Sweden was a signatory to the Bern Convention, and therefore recognizes the legal authority of US Copyright laws, so if the copyright holders want to take thepiratebay.com to court in Sweden they should have no problem bringing the case. The trick to winning will be the same as here in the US - making the case that a P2P service is responsible for what their users do. It's a point that can be debated, but courts seem to mostly come down on the side of the copyright holders, and they should.
Dave
4 - cyanna
one year later and.....thank you tpb for beeing there. I get all my betas downloaded through torrents and can start to work at least a day sooner than my colleagues who struggle with the MS servers.
5 - Glen Boyd
I just want to this site out of sheer curiosity and theres a big banner from something called The Swedish Criminal something or another...
Needless to say, it aint there anymore.
6 - Phillip Winn
They were taken down just this week, Glen; all servers impounded by the Swedish police.
7 - gaejr
ThePiratebay is back, stronger then ever. It cannot be stopped.
8 - Guppusmaximus
Dave,
I believe you are correct.. I'm just wondering what the courts can do about Bit Torrent considering the websites don't host any of the data on their servers.
9 - Pervo
PirateBay is a good site I used to use a lot before I got into a whole load of awesome Private Trackers which are far better.
What does it matter, personally I couldn't care less about copywright laws. If I buy it, I have less money if I download it I don't therefore I download it. Theres allways people who will buy it and industries are going to make more than enough to cover costs plus there are numerous other venues that can be tapped. The fact is that 99.9% of people who just don't give a dammn get software for free without concequences, so what motivation do they have to not download.
10 - Les
All of those multi-million dollar mega-corporations can blow their threats out of their asses. I get no greater sense of enjoyment than by ripping them off. I just got fired from my last job, which was with a multi-million dollar corporation, for swindling them out of a bunch of money. Even though I got fired, I would do it all over again just for the kicks I got from doing it.
11 - mike
the music,movie,and software corp. charge to much for their products.People must really love to see Microsoft get a huge kick in the balls ,they charge to much for a near monopoly of a computer software operating system.every time winxp gets cracked,it's like you kick 'em in the balls.So tell me ,who wouldn't want to knock the"big guy" down and out.