Quote:
Originally Posted by HarryT
Judges in IP courts are experts in the field - this isn't left to the whim of an ignorant jury; I'm sure they're entirely capable of making sensible decisions, and, like any other court case, there is an appeals process should anyone adversely affected by it believe that there's been a miscarriage of justice. But you're not seriously suggesting that these aren't pirate sites, are you?
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I think you're overstating the court process here.
The order was made by a court, but not by an adversarial trial process. The Pirate Bay was given no opportunity to make an argument as the blocking was ordered via application process. This also means that normal legal defences were not available to the Pirate Bay.
You might like the outcome, but the process used to get there was totally inappropriate; it's not appropriate when a website can be blocked with no one from the website or elsewhere in a position to challenge or question it.
People in the UK should find very little comfort in your argument that, "oh well, judges know what they're doing I guess."