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Old 05-05-2012, 05:56 PM   #191
Ninjalawyer
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Quote:
Originally Posted by elcreative View Post
I gathered that its legality wasn't exactly established even there as the owners have declined to defend anything by scattering around the world to avoid legal actions... not being finally found illegal doesn't mean legal, just means decision pending...
Uh, in the UK there is a presumption of innocence, so not being found guilty doesn't mean "guilty once the paperwork comes in". Plus, if you look at paragraph 12 of the decision, you'll see that the court didn't even bother to try and add The Pirate Bay as a party. I think the point most people find distressing is that the court sanctioned The Pirate Bay, even though The Pirate Bay had no opportunity to argue its side. There's a difference between The Pirate Bay deciding not to argue its side and The Pirate Bay not being provided even the chance.

It would have been different if this were a criminal case where The Pirate Bay founders were given a chance to respond, or where the court was required to conduct a proper balancing of the harms of censorship to the benefit of blocking access, but that never happened. Even if you agree with the result, I'm sure you can at least admit that the process leaves something to be desired as far as justice goes.

Last edited by Ninjalawyer; 05-05-2012 at 06:08 PM.
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