A trial against a group of Pirate Bay operators set sail in Stockholm on Monday, a heavily-watched battle. Defendants Peter Sunde, Gottfrid Svartholm Warg, Fredrik Neij and Carl Lundstrom are being targeted by a large group of major labels and studios, a consortium that continues to watch its content swapped ad nauseum across the BitTorrent protocol. The group is pushing for damages that cross 117 million Swedish kronor ($13.43 million at current exchange rates), and the accused could receive two-year prison terms.
Is that fair? The Pirate Bay is not BitTorrent; it is merely a traffic hub that facilitates the transfer of content across the BitTorrent protocol. Perhaps a critical distinction, and akin to the role that a search engine plays for the broader internet. But lawyers for the content giants are accusing the operators of facilitating piracy by actively maintaining thepiratebay.org, despite the absence of actual infringement on Pirate Bay servers. That creates an important test case, though in reality, the result will create little change for broader BitTorrent sharing volumes.

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