First up today was Kristoffer Schollin who spoke via telephone from Gothenburg University. He explained he is a lecturer in IT law with a particular interest in file-sharing and has written a paper on Digital Rights Management (DRM). He has also made a special witness report for the court.
Answering questions from the defense, Schollin explained that .torrent files are a more sophisticated type of Internet link (such as an http hyperlink) and that The Pirate Bay is an “open database” of .torrent files. Several large companies are using BitTorrent technology said Schollin, including Blizzard who use it for World of Warcraft.
When asked about TPB specifically, Schollin noted that the site is essentially a BBS (Bulletin Board) for .torrent files, attached to a forum for debate. He was also asked, in his opinion, if TPB is illegal. “That’s for the court to decide,” he said, while noting that the technology behind the site is not illegal in any way.
Schollin told the court that The Pirate Bay may not be the world’s largest tracker, but it is the most famous one, largely thanks to the media and thanks to the trial. Right now there are maybe a dozen other big ones and maybe even a thousand others, he said.
Going on, he noted it is usually sites that are known to users, while trackers can operate behind the scenes, not seen by the regular users. The day of the very big torrent site may be over, he added, and said he believes the future could lie in meta-searches, while explaining how client-based searches like Vuze’s operate.
When asked about the type of content indexed on TPB, Schollin said, “My God, everything,” noting that both copyright and copyright-free material can be found.
When speaking with Carl Lundstom’s lawyer Per E Samuelsson, Schollin admitted that while searching for .torrents via Google (using Harry Potter as an example) more results could be found than with TPB’s search alone. Indeed, said Schollin, EU law documents are easier for him to find via Google than they are on the EU’s own website.
The so-called King Kong defense also resurfaced, with Samuelsson asking Schollin if it was possible to conclude that the torrent file uploaded by user ‘KingKong’ was first published on TPB. Schollin said it was not possible.
Touching again on the issue of whose actual tracker is used when a torrent file is activated, Schollin said that just because a .torrent is available on TPB, it doesn’t automatically follow that the file uses TPB’s tracker.
Schollin went on to explain how to make a .torrent file which links to content. He said that in the creation stage, it doesn’t even require an Internet connection and everything is done on the user’s PC with a torrent client, not on TPB. Once created the .torrent file could be uploaded on to the Internet. It would then be indexed by Google, which then allows anyone to access the .torrent via a Google search.
Then it was Prosecutor Håkan Roswall’s turn to question Schollin. He put it to Schollin that kudos could be achieved in file-sharing circles if an individual put pre-release material up on the Internet, a point with which Schollin agreed.
Roswall asked Schollin why he felt the TPB had grown so big and so popular. Schollin said that many users may feel that participation might be considered ‘cool’. The discussion again moved back to DHT (Distributed Hash Table) and then the court took a break.
On return, IFPI lawyer Peter Danowsky stepped up to question Kristoffer Schollin. He asked where Schollin’s interest in TPB began and he replied it started when there was lots of discussion about them on the Internet. Conversation moved to Schollin’s knowledge of TPB’s infamous ‘legal’ page and the ideology of some of its users.
Next up to question Schollin was Monique Wadsted, representing the movie companies. She asked Schollin if he had heard the rumor that 40% of the Internet’s traffic is down to TPB. Schollin said this was incorrect and it was more likely that they were responsible for 40% of all BitTorrent traffic. Wadsted then put it to Schollin that 50% of all the world’s .torrent files sit on TPB, and he denied this amount too, but recognized that there would be a significant number.
Schollin was then asked by the defense if he believed that TPB has a role in transmitting communications on the Internet. Schollin agreed it did. When asked if TPB might be considered a ‘service provider’ under the law, he said that was for the court to decide.
Up next as a witness was Roger Wallis. Wallis is a media professor, composer and Chairman of the Swedish Composers of Popular Music and is involved in other outfits dedicated to the rights of musicians. However, Wallis previously said that he did not see the difference between TPB and other search engines such as Google and has criticized the music industry for being too slow adopting technology.
Speaking with Peter Altin, (Peter Sunde’s lawyer), Wallis said he specializes in developing the music industry on the Internet and because of this some have incorrectly drawn the assumption that he works for the industry – he doesn’t.
Wallis referred to a report he wrote which detailed the music industry’s approach to digital technology. He said there were elements who would do anything to smother it, referring to the backlash against cassette tapes in the 1970’s.
Altin asked Wallis if there is any connection between illicit downloads and lost sales in the music industry. Contradicting the opinion of John Kennedy of the IFPI in his testimony yesterday, Wallis said that downloading caused an increase in sales of live event tickets and although there has been a reduction in CD sales, this won’t continue.
Wallis went on to explain that while some people download, these people also tend to buy more CDs than others that don’t. It’s not just downloading causing competition for the industry, other things have an effect such as the growth of computer games, he said.
Wallis believes the music industry is shooting itself in the foot by going after file-sharers, for the reasons mentioned in the previous paragraph. He said that on the whole, file-sharing is beneficial to the music and movie industries, pointing out that the movie industry just had its most successful year ever. But the music industry doesn’t help itself he argues. Anyone who has bought a Beatles single in the past, simply cannot buy the same single in the digital domain due to licensing issues. “This is madness,” he said.
Next up to question Wallis was Peter Danowsky, who immediately started to annoy him by questioning his credentials. Danowsky mused if Wallis was even a proper professor, while disputing the year when Wallis qualified as such, calling him into doubt and criticizing him. “Have you no better questions to ask?” Wallis replied, reportedly visibly annoyed.
With tempers starting to fray, the court took a break.
After the break media professor Roger Wallis was questioned by Henrik Pontén from Sweden’s Anti-Piracy Office. Pontén went on where Danowsky left off and asked the professor if he could elaborate a bit more on how he acquired his title. “Can you use Google? Wallis replied “Then you could easily find my CV,” he added, and the court agreed with his assessment that they have already been over this.
Pontén then showed some graphs from a study that showed that 18% of those who download copyrighted music buy less, while only 8% indicate to buy more. These figures cause some confusion in court, and Wallis responded by saying that these figures do not correspond with his findings. “I believe that it has no relevance,” Wallis added. The prosecution asks some more questions about the contradicting results of the other study, but Wallis doesn’t want to go into it.
When Wallis left the stand he was asked whether he wanted compensation for his appearance. “You are welcome to send some flowers to my wife,” he responded.
Defendant Peter Sunde then asked the court if it’s ok to show an 8 minute clip that explains how BitTorrent works. The defense explains that the film will show that none of the alleged criminal offenses actually took place since torrent files can be shared in many ways. Fredrik Neij, one of the other defendants, further said that the SLK investigation was flawed because not all the torrents that were presented as evidence are exclusively tracked by TPB.
After a short break the film was played (available for download here) and it showed how a torrent is created. First a BitTorrent is downloaded. To make the torrent a tracker has to be added, hundreds of trackers can be found through Google the film explained. It further explained how these torrent files can be shared through MSN, Skype, through blogs like WordPress or a website such as The Pirate Bay. The other party can then grab the torrent and start downloading.
The rest of the day the court will go over the personal charges against Fredrik Neij and Gottfrid Svartholm. These are seperate cases, not related to TPB, and we will therefore not cover these on TorrentFreak. Our daily coverage on the proceedings in the TPB trial will continue on Monday.
Developing story, please check back for updates.
