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Old 04-26-2009, 09:15 PM   #318
Harmon
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Quote:
Originally Posted by delphidb96 View Post
Ethically, it's a conflict. Morally, it's a conflict. Legally? Only in countries with no true legal standard is it NOT a conflict for a person who is an advocate for one side of an issue to be a judge in a case on the issue.

It doesn't matter whether TPB broke the law. There's no way a judge can rule impartially in this matter when the judge is an advocate for the opposing side.

Derek
If the Swedish system on this point is the same as the American system, there will be a methodology in place to determine if there is a conflict sufficient to warrant a new trial. Assuming that the judge was biased, it does not follow that he was wrong on the law. And the mere fact that he was a member of some copyright associations does not mean that he didn't conduct an unbiased trial.

The main problem is probably just that in such an emotionally charged case, it looks bad for the judge to be a member of those organizations.

Last edited by Harmon; 04-26-2009 at 09:17 PM.
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