Samma Sak Men På Svenska – http://danielkarlsson.eu/blogg/?p=2421
Today I submitted my request for clemency. Here is a copy (it will still come out later through the media, I suspect).
The splashing of the DOGMATISM. But that’s the way it is. I do not think my chance to have mercy, I will mostly get a signed letter from the State that they ignore their mistakes.
I would like to tell a story from my life. A story that has acquired great importance, not only for me but for the global Internet that is emerging. I’ve seen have a role in the middle of the storm. In order for you to consider the clemency application submitted, I feel that this letter is needed. An insight into what went wrong and why you need to fix this. Indirectly, I ask not for mercy for myself. I pray for mercy from a justice system that has been run over by lobbying and ignorance. But ultimately, I ask for mercy for our future culture and communication. My goal is of vital importance to them.
This is a long story, so let’s start at the right end as soon as possible.
For a little over 6 years ago, a strange thing happened in Swedish history. The police conducted a raid at 12 locations in Sweden. 65 policemen stormed into these places, looking for something, something that could be used as evidence against a search engine on the internet.
Nothing like this has not happened before in Sweden and it is unlikely to happen again. The days that followed it was written thousands of articles about all over the world. Thousands of people, mostly young adults, took to the streets across the country and demonstrated. They were demonstrating against their culture had been encroached upon.
I was on one of these demonstrations. Politically aware and active as a spokesperson for the search engine in question. A search engine that helped people worldwide to connect with each other to exchange information. A search engine so popular that it almost every day, e-mail from someone who told me that it changed their lives. Pictures of tattoos with the logo proudly intatuerad on someone’s body. Tributes to how a Swedish web service changed people’s lives. Protests boiled down to just that, people felt run over the world. I remember how I stood on the coin Square early one morning in early June 2006 and looked at the representatives of all parliamentary parties, who shouted out their anger over what had just arrived: the U.S. had threatened little Sweden with trade sanctions unless the Web service was shut down.
SVT program report had told the painful story. Powerful Hollywood demanded that the White House would force Sweden to do something about the cultural exchange that took place outside their control. The then justitieminster Thomas Bodström was summoned to the meeting in the White House and knew what it would mean to disobey. Sanctions against trade between the U.S. and Sweden within the framework of the World Trade Organization. Sweden could become a new Cuba.
A few months before had a Swedish prosecutor concluded that the service could not be tried in Sweden, as it did not prove any illegal acts. He sent a memo explaining the situation to their superiors. After a meeting between Sven-Erik Alhem, the then Attorney General, and representatives from the Justice Department, so ombestämmer himself. A rapid response was required, with full force. So full strength that once you make the raid so do not know the cops what to do. The seizing hundreds of computers, in several cities, but also speakers, wires and such. They do not know how big things they should seize is and decides that, during a raid, renting trucks from local petrol stations to shipping all been seized. In short, it is crazy and ill. So ill that they even missed several locations where the company is struck with the actual business.
Thomas Bodström promised to put the cards on the table. Yet, over 700 letters between him and the United States in this matter confidential. These, we still have not seen. In the aftermath of the political scandal that was detected was the Swedish record in KU, JO and JK notifications. The newly established Swedish Party, Pirate Party, became in just a few days one of the major Swedish parties. A few weeks later, the election and no young people would no longer vote for the incumbent Social Democrats because they knew that they had sold out their interests to wealthy lobbyists in the U.S.. Partial Social Democrats lost power because of this scandal.
After the hit, so did The Pirate Bay up on the internet again, after only two days. It’s an easy service to copy, but for advanced functionality. It was one of the features of the technology behind the service, it was enough smart and easy to maintain. So easy that it barely had put a hand to the service on just one over a year before the raid took place.
The attention surrounding The Pirate Bay just grew after that. Before it was certainly a great service, but all of a sudden the service of the 100 largest in the world. The phone rang constantly from global media.
My involvement in The Pirate Bay had only been a single: spokesperson. Suddenly pasted pictures of my face on the front pages of newspapers worldwide. Every day, I was invited to television and radio programs to disktuera policies about file sharing. Debates raged all day and I barely had time to do my job because I thought this was such an important issue. I became more and more active in the issue after the raid and was indirectly a representative of those that believe that file sharing is positive.
The raid was strong and hard. It would have been in 12 locations in Sweden. Of course, I lived in Oslo in Norway during this period, but I understood that I was very perifär in this context. My friends from The Pirate Bay had been served, a suspicion, but more was not done in a very long time. After about 2.5 years so I got a letter. I had moved to Sweden and was now called as a witness in the case, a couple of weeks.
Approximately 30 people were called, few were familiar, others I had never heard of. Time passed and I would appear before the police station to testify. The day before calling the interrogator (and also the responsible for the entire police investigation), Jim Keyzer, and tells me I will be notified suspicion of crime when I get there. He explains to me that I therefore have a right to a lawyer present. Not only that, but he also gives me the hint that I should take ”about the first best argument, since it is urgent that we get this done.”. He also added that I should ”skip selecting a hotshot lawyer from Stockholm” so that his case is not delayed even more. Suddenly it is huge hurry to finish the preliminary investigation.
However, I am a fairly intelligent person. Of course, I see that something is strange when a police officer asks me to choose a bad lawyer. Therefore, I called directly to the first known good lawyer I knew, Peter Althin. Althin took the case directly and phoned the police. The police were upset and angry because he had already planned their trip to town, where I was interrogated, and thought it was outrageous that he now had to schedule an extra trip to town.
A few weeks later, Jim Keyzer, and questioned me. My lawyer was on the spot and both I and he felt that something was odd. My lawyer told me that he, despite his long career with many högprofilfall, had never experienced such an unpleasant and stressful interrogators. He thought it was really strange. Of course I thought it was like a scene from a bad movie, when Keyzer screamed at me that I was naive as decided to answer no comment (as I did not want to say anything that could possibly affect my friends). A couple of places in transkribtionen of the recorded interview is the only ”inaudible”. There are times when Keyzer is so angry that he was screaming so loud that the microphone can not pick up the sound.
The fact that I put so much focus on Keyzer may seem strange. But I have a point of it all. That is how this case was handled. Sweden has a reputation for being a country of high moral character, free from corruption and with a common sense guide for justice. In my case it has breached these rules. And Jim Keyzer is one of many examples of what has happened.
A week after the investigation was submitted as noticed one of my friends that Jim Keyzer had switched ”network” on Facebook. No longer was he a part of ”police authority in Stockholm”, but instead he was now a member of the Network ”Warner Brothers”. Warner Brothers is one of the companies behind police reports against The Pirate Bay. I was very upset and called Jim Keyzer to ask what was going on. I learned that he had changed jobs and now working for Warner and NBC Universal, another company that also was behind the police reports (not to mention the pressure). Both Warner that Universal is also involved in the Anti-Piracy Bureau, an organization that was my counterpart at the trial. His new role was anti-piracy manager for these organizations. He had started on the job the day before the investigation was officially filed.
Jim Keyzers first assignment with his new employer was to find a medåtalad, Gottfrid Svartholm. Godfrey is a nomadic young man who often live at home with friends. Since Keyzer with police agents had been able to get information about where Godfrey was, so he went there together with notification of the case as he had studied for almost 3 years. Godfrey became suddenly påsprungen by Keyzer, not pointed out that he changed employer.
When I examined in detail when Keyzer was promised his job, I used my fairly extensive network of contacts. It turned out that his new employer had had out an ad about the service, and a couple of meetings about the ongoing investigation that Keyzer had been informed that they were seeking a new person, where he could fit into. After more investigation, I got hold of a person who applied for the same job. He could tell the exact date for me when he learned that the position had been assigned to another: 8 days before I was upgraded from ”witness” to ”defendant” in the case. And 7 days before Keyzer started to ring and tell how urgent it was that all witnesses would be heard. The only time I saw a police throughout the investigation period was with the police with a well-paid job with what was to be my counterpart. A police officer who went from almost no speed at all sure that it was time to close the case on 1 day. In a hearing that my lawyer saw as the one of the most remarkable in his long career.
At the time of the interview, I was also just the most hated person in Hollywood’s power corridors. I was the person who is acting as spokesperson for their nemesis, was most important to silence. Young people listening to me when I told her all over the world about the great opportunity we have to a free and open, participative culture, as long as we do not have to be locked into these companies. I talked to all the teachers and students to presidents of some of the world’s largest country on these opportunities and what threats – largely party in my court case – there were.
When the case came in a Swedish district court came to a normal department, as it should be by chance. Head of Section 5 (Department of Intellectual Property Rights), however, felt that this case was not a criminal, but rather an intellectual property case. Therefore, the case was moved there, but then at the request of the department who wanted the case. It would later turn out that when random until a judge there was only one vacant, the Head of Department, Thomas Norström, who thus had asked to have the case assigned to their department. Briefly, therefore, chose a Swedish judge out that he himself would consider a specific case, by abusing the rules that are to use.
Thomas Norström is very interested in copyright cases. So interested that he also happened to be a member of the Swedish Association for Copyright and sat on the board of the Swedish Association for Industrial Property Protection. Two compounds that clearly take a stand on copyright issues. The compounds are daughter compounds to ALAI and AIPPI, two international associations that have in their statutes that the goal is to strengthen copyright owners’ interests. The chairman of the international associations pronounce themselves often against all forms of copyright infringement and that works for stronger penalties for infringement.
Thomas Norström self-assessed as not biased. Additionally undlät he to say about their involvement because he thought they were important. There were, however, ample opportunity for him to think through their INCOMPETENCE before the trial because I personally examined the jurymen and found that two of them were disqualified. When my lawyer said they went Norström issued a press release that he (without mentioning that we had pointed it out) had found a disqualified juror. A composer who has been active in the record companies that sued us. There was also another person who had their wages from these industries, which Norström is not deemed to be disqualified.
District negotiations were very strange. There was commotion everywhere, film crew from the BBC, Al-Jazeera, SVT, NRK, and more. For several days, it was like the whole world watched as Sweden would prosecute any of abetting a crime that had no owner. They shook their heads everywhere. In major newspapers, there were votes on it thought it was would be a conviction – 99.8% of over 50,000 answered ”no” (and it was 0.2% margin of error according to the newspaper’s statistician, so possibly 100%).
During the trial I saw sleeping jurors. I had to sit and look at the screenshots, which for me as a technical expert demonstrated that the files were not downloaded via The Pirate Bay. As we pointed out that the screenshots showed that The Pirate Bay has not been available when they tried to download something, they changed the prosecutor rather than the prosecution point to another criminal offense that most closely similar to ”aiding aiding possible crime.” None of the conjectured the original crimes could even be traced to Swedish jurisdiction – or for that matter Norway, where I was during the prosecution period. Nevertheless, condemned us.
We were sentenced to a collective judgment. All were sentenced to one year in prison and 30 million in damages, a record damages in Sweden. Although it appeared that it was a biased court which tried the case, it was determined that Norström has done nothing technically wrong. Instead, we appeal to the Court of Appeal.
From the district court’s ruling, I could not really see why I was doomed. There were no specific allegations against me. There were no periods of time that I had been involved. There was no crime proved even, I was still convicted of complicity in an offense that had not been proven. Due to lack of evidence could turn things around – I could be things that could have been useful for the Pirate Bay, therefore, these things happened and I had performed them. Although all the people who were questioned said that all that is programmed or developed at The Pirate Bay had been done before bringing the beginning even, and that the knowledge I had that could have been useful, yet was overshadowed by the two founders of The Pirate Bay. Knowledge that still was not needed when everything was untouched.
In Hovrätt was a similar story. It was now not one but two judges who had a background in the same compound of copyright. It was lay such as worked on Spotify, a competitor to The Pirate Bay, which also largely owned by the record label that was our adversary. After an excruciating long playback of the recorded interrogations from the district court (which also lay judges in the Court of Appeal fell asleep for a couple of times) so there were still a conviction. I was personally convicted to eight months in prison and 46 million in damages. This sum is now nearly 100 miljonor crowns with interest.
When I read the Court of Appeal’s judgment of what I personally should have done, I can not feel nothing but apathy and helplessness. I should have done three things that have given me responsibility. These, I would go through with you.
Among other things, I have installed a computer that acted as a so-called load balancer – a computer that allows one to distribute the work among several computers on major web services. It is clearly stated in the Court of Appeal judgment that I am responsible for the configuration of this computer. One such computer was admittedly one of the cupboards as The Pirate Bay were housed in. On the other hand was not connected with even one cable in any way. Some computers, police have investigated at the National Laboratory of Forensic Science (SKL). Some computers have carefully gone through. The prosecutor has in some cases telephoned the owner of the computer and asked if they want to police Gottfrid Svartholm for hacking because they found that he had access to computers. Computers, he managed for its clients. The computer that I must have been responsible for have not even even one line of text for any purpose other than to seizure protocol. I can not see the configuration I’m guilty of. The configuration that I as a Swedish court beyond reasonable doubt must be created. The configuration I with 100% certainty can be said had proved that this computer has not been used for The Pirate Bay. It belonged to a company that had hired it out. The owner himself has inserted it into the computer cabinet just weeks before the raid.
In the Court of Appeal negotiations as testified prosecutor Håkan Rosvall it was like I said, that this machine was not used The Pirate Bay. Why la my lawyer no energy to said that in his closing argument. Yet chose Rosvall that after mentioning that I had been responsible for it. And in the end I was sentenced for this computer. Nowhere is there even one tiny bit of evidence that even suggests that this computer has been tested, to something. I like to say that I feel like a pimple that is convicted of a gun murder because there was a knife around and ”we Finns are known to use a knife.” Since I ’confessed’ that I know what a load balancer is and I will be sentenced for that there was one, despite not being in use. And even though my co-defendants are among the best in the world to build such solutions and work with it daily. And although it would be very easy for Jim Keyzer taking up the configuration, especially when I am being accused of it.
Second point that I was convicted of was that I should have built a system of genres on The Pirate Bay. I must have improved the functionality of the service, in some way have been sent genres. What this now would mean. The judgment says that I was responsible for ”grouping”. When something is uploaded to The Pirate Bay chooses uploader yourself which category he wants to put the material in. Then there is there. Category system has been around since before the indictment period – I would venture to say that it is the same system which had existed since The Pirate Bay started. Genres are also quite different categories, there are subcategories. A category is for example Movie, Music or Games. A genre for example Action, Sports or the hip-hop. It’s a pretty big difference in ordemeningen. But briefly, it has not changed a few categories on The Pirate Bay since 2004. Even today it has changed somewhat around the categories on The Pirate Bay. And the genre has never even existed, yet I am doomed to have provided them. The reason is that I am in an email mentions ”genres on the bay” and that a third person in an email wondering about who takes care of search and ”I think Peter” answered. While I am in building a new service, The Video Bay, a service for streaming video that would be if it were not for the big raid. Nevertheless, like a Swedish court that I am beyond the reasonable doubt is proven guilty of categorizing content on The Pirate Bay. Nor is there here any kind of forensic evidence. Although it would be easy to produce. Although this was a task that fell to Jim Keyzer.
Point three is the one I said I did. But I do not think I committed any crime. I am doomed to have on one occasion in April 2006 (almost a year after the charge initially) have sent an invoice for advertising in The Pirate Bay. The story behind were so simple as to those who paid for the advertisements had trouble with the advertising company who ran The Pirate Bay’s advertising, and demanded that a Swedish company would charge instead. Since I was liked by all parties so bad CEO in the Swedish (listed) companies to send me the invoice from my Swedish companies. I did, and then I paid an invoice from the company that they refused to pay for. It was private grumbling behind it all and it was a way to try to reach a conclusion to this fight. I did not earn a dime of it all and had no money in my account even a day.
This is something that an ordinary collection agency could be of assistance with otherwise, without being accused or convicted of it. Jim Keyzer has probably been heard by those people who sold advertising which still took half the money that was earned at The Pirate Bay, and not come up with the idea to accuse them of having made money or funding this service. The prosecutor has had exactly the same setting. But basically, I’m quite sure that there is nothing illegal in what I have done.
The enthusiasm with which they have had to ensure that The Pirate Bay to be tried, so I have dratts with. Proof or not. It is obvious if one looks at the court decision that had the attitude that I will be tried and then tried to find any evidence to judge me. That the police officer who worked for my counterpart in the case, who is also political opponents, has been able to investigate all the computers in detail except those that apply to me does of course I can not really look at this as I even had a fair chance. The existence of biased judges who get to choose which he will judge is a farce. These people in the Swedish legal system has had to exercise the power that the public has given them confidence, and they’ve done it in such a way that I hope they are ashamed of the rest of their lives. They are downright corrupt and criminal people.
Instead, I would conclude my long letter with my thoughts of it all. I know I’ve reached a point where I have less than a promilles chance to escape a penalty. Not having to get locked up for crimes I did not do. Offences not even committed. Crimes that certainly is not even a crime to begin with, if they had committed, and that if they had committed was not made by me. It’s a bizarre situation, how far away I am from having any criminal liability. Yet I have to sit a few months locked up, on a Class 2 office because it is considered to be a risk that I will repeat these crimes, crimes not committed, for nearly 7 years ago. Offenses, if they are committed, require high speed internet access, physical machines, computer rooms and the like. Crimes that do not have to be committed, because you are not using these technologies further. And when I came out of prison, where I will certainly be even more bitter about the situation, I have a financial debt, so far, 100 million. Money that is pure fantasy sums, which would ”compensate” for the aiding abetting crime possible as I must have committed by having done things that has not happened. A financial liability to some of the world’s richest companies. A debt which basically means I do not have a future in Sweden as a country if I want to live on nothing but bread crumbs or friends’ good will. This debt is like to be deported. I will have to be an economic refugee from Sweden.
This bizarre situation is something that authorities in Sweden closes its eyes to. It is an affront to everything the justice system to bear. It is a disgrace to the entire population. A population that does not even share the views of the laws referred to in case I’m doomed in. And these are the things I want us all to get away from grace. Not only I, but Swedish population. Confidence that went missing with all INCOMPETENCE, all the obvious corruption, ministerial government that was never investigated, all the dirty tactics used to satisfy of a powerful trading partner. Sweden’s judicial system has sold out to individuals. So it should not be in a democracy.
Give swedish folk mercy from this corruption.
Wikipedia about the trial – http://en.wikipedia.org/wiki/The_Pirate_Bay_trial
Samma Sak Men På Svenska – http://danielkarlsson.eu/blogg/?p=2421