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  1. The court order to transfer ownership of two Pirate Bay-related domains to the Swedish state will not be a straightforward process. Site co-founder Fredrik Neij, a party in the two-year long case, has just announced he will appeal the ruling. Neij isn't interested in the domains though, he has much more serious things to consider. Last week a two year old case launched by the Swedish state concerning a pair of key Pirate Bay domains came to an end. While the prosecution failed in its quest to hold the Swedish .SE registry responsible for infringements carried out by The Pirate Bay and its users, it did convince the Stockholm District Court to put and out of action. Even though the domains were held in a third-party’s name, the Court found that Pirate Bay co-founder Fredrik Neij owned and operated them. On that basis they were ordered to be placed under the future control of the Swedish state, never to be used again. “Fredrik Neij has participated in the [copyright infringement] crimes that have been identified and he is the actual holder of the domain names. It is therefore no obstacle to confiscate domain names from him,†the Court said. The parties were given until June 9, 2015, to appeal but less than a week later we now know that The Pirate Bay’s most recognizable domains will remain operational for at least a little while longer. Through his lawyer Jonas Nilsson, this morning Fredrik Neij confirmed that he will appeal the confiscation order handed down May 19 by the District Court. But while some might presume that getting the domains handed back is a key aim of Neij, that is not the case. He is actually more interested in challenging the Court’s reasoning. “The district court makes an erroneous assessment of how to look at a domain name. We believe it is an address assignment, not an estate,†Nilsson says. “The prosecution has alleged two things. One is that crimes have been committed via The Pirate Bay. Fredrik Neij really has no views on this. The second is that he is involved in The Pirate Bay operation.†It was the assertion that the domains were controlled by Neij and used to infringe copyright that appeared to make it a straightforward decision for the Court to order their forfeiture. But for Neij, however, that has the potential to develop into a more serious matter. In 2009 the Stockholm District Court banned Fredrik Neij and co-founder Gottfrid Svartholm from having anything to do with the site, even though both were living outside Sweden (even the EU) by that time. Nevertheless, the court attached a 500,000 kronor ($59,500) penalty to any breach. With Neij set to be released from prison next week after serving his Pirate Bay sentence, one has to wonder if the District Court’s determination will negatively affect that in some way. As reported here in December 2014, a leaked MPAA email predicted continued trouble. “Neij is facing a 10 month prison sentence in Sweden for his conviction in the Pirate Bay case. Neij may also face new charges for his continuing role in the operation of TPB and two additional charges for computer hacking,†the email read. Either way, Neij has unfinished business in Sweden and with his history of moving to far-off lands to avoid justice, it wouldn’t be a surprise if the prosecution argued for his continued detention.
  2. As the battle over Kim Dotcom's fate continues, the entrepreneur was back in court today appealing the decision not to delay a June extradition hearing. But while Dotcom enjoyed support from a reported 10-strong legal team, former Megaupload colleague Finn Batato appeared lawyerless amid an application for legal aid. The now three-year cases of Kim Dotcom versus the New Zealand and United States governments have developed into a massive legal grind. Almost every adverse decision affecting either side finds itself subjected to appeal wherever possible, with neither of the opposing parties prepared to concede defeat. For Dotcom, the purposes of the battles are obvious. While trying to recoup as much of his seized wealth as possible, the Megaupload founder is determined to avoid extradition to the United States where he faces the largest copyright-focused case in history. On four occasions the German-born businessman has succeeded in having his extradition hearing delayed but last month his luck appeared to have run out. With a June 2015 hearing looming, Dotcom’s legal team asked the North Shore District Court for an adjournment until October, claiming that the time remaining was not enough to prepare for such a complicated case. In the event the court refused to grant a delay to a hearing that will decide whether Dotcom and co-defendants Mathias Ortmann, Finn Batato and Bram van der Kolk should be sent to the United States to stand trial. The decision led to Dotcom’s lawyers applying for a judicial review. This morning the parties were back in court yet again, arguing that a four-month delay is necessary in order for Dotcom and his associates to prepare their cases. Led by top lawyer Ron Mansfield, the High Court welcomed the German’s legal team to hearing set to last two days At least for now, Dotcom’s cash situation doesn’t appear to be hindering his defense. According to 3News the German had a 10-strong legal team behind him this morning. The same could not be said about Megaupload co-defendant Finn Batato, however. A fellow German and former chief marketing officer at Megaupload, Batato arrived at the High Court this morning without a lawyer in tow. Famously filmed tearing around the Nürburgring circuit with Dotcom and racing driving Kimi Raikkonen, Batato told the court he would be representing himself. After allowing Batato to move from the public gallery to sit among Dotcom’s lawyers, the Court heard that Batato had made an application for legal aid, a system of government funding designed to ensure people aren’t denied justice because they can’t afford a lawyer. Grant Illingworth, QC, a 30-year legal veteran with more than 30 Court of Appeal cases under his belt, argued that the complexity of the extradition and Batato’s legal position meant that the hearing should be delayed. “Mr Batato is waiting on a legal aid application. He has no lawyer and won’t have one unless legal aid is granted,†he said. According to NZHerald, Illingworth told the Court that not enough information had been supplied relating to how charges from the US matched with crimes under New Zealand law . “We’re in a hopeless position as far as complying with the timetable… we can’t comply with it,†he said. If the appeal is successful it will be the fifth time that the extradition hearing has been delayed since the now-infamous Megaupload shutdown of 2012. In the meantime Dotcom awaits a decision on whether an undisclosed dangerous driving offense willaffect his residency in New Zealand.
  3. Former Pirate Bay operator Fredrik Neij, currently the last person serving a site-related sentence, was recently granted access to a tablet to read the details of an ongoing investigation. However, the prison reportedly backpedaled on granting him the right to make printouts, a decision Neij is now appealing before the administrative court. Fredrik Neij, also known as Tiamo, was one of the key operators of The Pirate Bay. In 2010 Fredrik received a prison sentence for his involvement with the notorious site, which he initially avoided. After being on the run for several years he was eventually arrested by Thai immigration authorities late last year, and later transferred to a prison in Skänninge, Sweden. While reportedly doing well, prison life has many limitations. Access to technology is limited, for example, but Fredrik recently managed to get a tablet so he could read the details of a preliminary investigation. According to Fredrik, he was also given verbal approval to write text documents on the device and make printouts for personal use, but the prison administration now denies this. In a response the former Pirate Bay operator has now filed an appeal at the Administrative Court. “When I received the e-reader I specifically asked if I could use it to write letters and make notes in the tablet’s word processing programs. I was told that it would be okay,†Fredrik writes. In addition to writing he was also promised that he could make several printouts. “The answer I got was that there wouldn’t be a problem,†Neij notes. Printing three files doesn’t seem to be a major issue, especially if the same documents are already available digitally. However, in prison things rarely come easy. The good news for Fredrik is that his prison sentence is half done, and he’s scheduled to be released later this year. Worryingly, however, there are more problems on the horizon. The former Pirate Bay operator is also facing hacking allegations as well as a criminal referral of his ISP, DCP Networks.