While EA seems to have understood how to play the game, the Swedish court (and the European legal system) not only fails to get it, but also came with a lame excuse to reject the pirate bay retrial.
On one side, one of the judges was a member of several copyright protection groups and forgot to mention that before the case. This fact itself should be enough for a reconsideration of the decision, as his interests were too tied up with the case to have a fair opinion. But what bugs me most is the reason (or rather, the excuse) of why they are still determined to make them pay for their “crimes”.
The court found them guilty because, it said, they continued to operate the service even when they knew users were being pointed to pirated material.
So, they’re not keeping any copyrighted material themselves, and they have a clause that takes away their responsibility of whatever material is shared across their networks, but that’s not enough, they should have done something.
Let’s say they did have to do something, now we should apply the same rule to others as well right? What about the weapons industry? They know it’ll be used to kill other people, but they still make it and sell it (much worse than only provide the means). What about the tobacco industry? They know it’s not healthy, they know people will get lung cancer, but they still do it (and quite a lot of it).
What about the recording industry? Yes, the same one that is accusing pirate bay of “harming the artists”, forces artists to sign diabolical contracts where they get all the money and the artists get all the work. Who’s harming the artists in the end?
I completely agree with the court decision, as long as they apply the same rule to everyone. No more firearms (for civilians, at least), no more cigarettes, 50/50 for contracts. Fair is fair.