Your Freedom on the Internet may be Quickly Disappearing
61Introduction
I consider myself lucky to be growing up in the "age of information."
As a child, I saw the birth of AOL and the beginning of the internet. I
got to witness first hand as hi-speed internet was rolled out and made
available in many areas. I'm afraid that if I live through this year,
heaven forbid, that I might see the beginning of the end of the
internet as we know it. Companies will start bullying their way around
laws to restrict you from seeing information they want to keep off the
internet. A truly epic trial has just wrapped up in Sweden between the
popular peer-to-peer downloading site, ThePirateBay.com, and many
American companies desperately seeking to control what denizens of the
internet can see and download. Although an initial guilty verdict has
been handed out, the case is going to be appealed in higher courts in
the near future. The overall outcome of this case will set an important
precedent about the freedom of information, and if big business is
allowed a win here, many more restrictions will be placed on what
you're allowed to see in the near future.
History
Since you probably don't
understand the scope and history of this trial, let me explain some of
the technical points. The trial is taking place in Sweden, where The
Pirate Bay is located (mainly due to lack of any copyright laws in that
country.) On their website, they openly post all "cease and desist"
orders they get from businesses, not to mention their hilariously rude
replies such as telling Apple, "Instead of simply recommending that you
sodomize yourself with a retractable baton, let me recommend a specific
model - the ASP 21-inch. The previous lawyers tried to use a cheaper
brand, but it broke during the action. " They also often make the point
of telling the law firms who sent the letters that they should realize
that Sweden is not under the jurisdiction of US law, and instead have
"sane laws." Past courts haven't been able to prosecute our jolly
pirates because they don't actually host any copyrighted material on
their servers; the sole function of their site is to connect people who
are looking for certain files.
Needless to say, this is not the
first effort big business has put forth to try to stop the downloading
of copyrighted material; in early 2008 Comcast throttled the speeds of
the internet for people using a specific method of downloading and
definitely payed the price for it in a class action lawsuit. Perhaps
the largest threat to the internet right now is in a multitude of bills
that have been kicked around in congress in relationship to what is now
known as "net neutrality." Most of these bills are the work of internet
service provider lobbies to try to make websites pay according to the
amount of people that visit the site and the amount of information
passed between the site and the user. Their goal is to ultimately turn
the internet into what TV or radio is: a system for displaying a
message, but only for the highest bidder. I might not care about very
many things, but at the risk of sounding preachy, this is the one thing
that I will actively fight for as long as I live.
The Trial
The case being
argued against the Pirate Bay is being led by multiple companies that
make billions of dollars a year, and whose previous attempts to take
down the site have failed. In 2007 the IFPI, RIAA, and MPAA conspired
with (and payed off) the police to seize control of the Pirate Bay
servers that kept the site running. They took them and kept them for 3
days, copying things off of them and trying to "gather evidence." At
the end of the 3 day period, the companies tried to come up with a case
against them and ultimately failed due to Swedish copyright law (or
lack thereof.)
Initially, I thought it looked like the huge
businesses were going to be handed another loss. The prosecution made
too many blunders and ultimately didn't make a strong enough case to
bring about any kind of conviction, in my mind. I'm not sure if you
can consider personality an essential trait to winning a case, but the
prosecution came off as cold-hearted and hot-tempered, firing insults
and personal attacks while cross-examining witnesses, not to mention
having to be silenced by the judges several times. This is in stark
contrast to the defense's cool, calm demeanor, often cracking jokes at
the prosecution instead of becoming inflamed at many of the false
accusations. For example, when told that his website it turning over
profits of ten million crowns, Mr. Gottfried simply said, “Where is my
ten million, please, I want it, where is it?” Another great example is
when the defense's expert witness was asked if he wanted reimbursement
for his appearance, he simply stated, "You are welcome to send some
flowers to my wife." The same people who download music and have been
painted as criminals who don't care about people or business's
responded by sending over five-thousand dollars worth of flowers to his
house collectively.
Aftermath
Don't expect to be seeing any flowers outside
the judge's house anytime soon. Only days after the verdict was
handed down, the defense did some researching and found out that the
citizen-judge was actually a pro-copyright lobbyist. With this new
information on their side, the defense's legal team is looking to have
the entire case declared a mistrial and thrown out. The judge,
meanwhile, defends his claims that his association with the lobbyist
group didn't effect his judgment whatsoever. Either way, this isn't
the end of this case; the defendants said they would refuse to pay, and
one person went as far as to comment on "burning everything" before
giving the groups a dime.
In the end, the internet is a valuable
resource and a great media outlet. It's the one of the first times in
history that no matter who you are or what you have to say, you can
have an equal chance of being heard. It's a form of media by the people
and for the people. You control what you want to see, and you put out
what you want others to see. It's simple, beautiful, free, and over my
dead body will anyone change that.
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DjBryle Works says:
8 months ago
Great hub! I can't wait for more =)