King Kong defence: Difference between revisions
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"Har [[Carl Lundström]] uppmuntrat King Kong i Kambodjas djungler att begå brott?" = "Has [[Carl Lundström]] encouraged King Kong in the jungles of Cambodia to commit a crime?" The attorney is in this case referring to a real user named "KingKong" that could hypothetically be located in Cambodia. He is trying to prove that [[Carl Lundström]] has had no control over the actions undertaken by [[Pirate Bay|The Pirate Bay]] users. |
"Har [[Carl Lundström]] uppmuntrat King Kong i Kambodjas djungler att begå brott?" = "Has [[Carl Lundström]] encouraged King Kong in the jungles of Cambodia to commit a crime?" The attorney is in this case referring to a real user named "KingKong" that could hypothetically be located in Cambodia. He is trying to prove that [[Carl Lundström]] has had no control over the actions undertaken by [[Pirate Bay|The Pirate Bay]] users. |
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Carl Lundströms attorney |
Carl Lundströms attorney Per E. Samuelson, used the king kong expression three times during his talk. His main objection being that although the prosecutor had said that the accused will be tried individually, during his talk, the prosecutor had not once referred to them individually, but always as "them", "they" or "pirate bay". The point being that the persons behind the pirate bay can not be held responsible as group for a crime where the persons that commit it are actual identifiable individuals that upload the copyrighted material, called for example King Kong. He further cites EU directive 2000/31/EG from June 2008, also incorporated into Swedish law, which makes it clear service providers are not responsible for the contents of information passing through the site and that further the Swedish law's comments point out one cannot reasonably expect service providers to even be aware of these contents. He also cites percentage of TPB traffic, showing that most is not in any way copyrighted IP. |
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Samuelson's speech can be found at the Swedish television site.<ref>http://svtplay.se/v/1448829/dag_3_-_advokat_per_e_samuelson_sakframstallning_for_carl_lundstrom</ref> |
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== See also == |
== See also == |
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Revision as of 18:15, 18 February 2009
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The King Kong Defense is the name given to the quote by Carl Lundström's attorney while defending him in The Pirate bay Criminal proceedings in Sweden. The quote, translated from Swedish, was "The person responsible for uploads [copyrighted files] might as well be King-Kong in the jungles of Cambodia".[1] This was an illustration of the fact that Lundström had no idea who downloaded what and could not be prosecuted for any copyright infringement.
"Har Carl Lundström uppmuntrat King Kong i Kambodjas djungler att begå brott?" = "Has Carl Lundström encouraged King Kong in the jungles of Cambodia to commit a crime?" The attorney is in this case referring to a real user named "KingKong" that could hypothetically be located in Cambodia. He is trying to prove that Carl Lundström has had no control over the actions undertaken by The Pirate Bay users.
Carl Lundströms attorney Per E. Samuelson, used the king kong expression three times during his talk. His main objection being that although the prosecutor had said that the accused will be tried individually, during his talk, the prosecutor had not once referred to them individually, but always as "them", "they" or "pirate bay". The point being that the persons behind the pirate bay can not be held responsible as group for a crime where the persons that commit it are actual identifiable individuals that upload the copyrighted material, called for example King Kong. He further cites EU directive 2000/31/EG from June 2008, also incorporated into Swedish law, which makes it clear service providers are not responsible for the contents of information passing through the site and that further the Swedish law's comments point out one cannot reasonably expect service providers to even be aware of these contents. He also cites percentage of TPB traffic, showing that most is not in any way copyrighted IP.
Samuelson's speech can be found at the Swedish television site.[2]
See also
- The use of the name King Kong, KingKong, King Kong Defense and King Kong Defence could possibly result in a major copyright infringement action being brought against the attorney of record.
References
- ^ [1], "Day 3 - The Pirate Bay’s ‘King Kong’ Defense", TorrentFreak.com, February 18, 2009.
- ^ http://svtplay.se/v/1448829/dag_3_-_advokat_per_e_samuelson_sakframstallning_for_carl_lundstrom