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The King Kong Defence™
Anything else ever spread faster?
STOCKHOLM (Rixstep, Radsoft, SvD, Piratpartiet, SVT, Rick Falkvinge) -- It's a real user that will soon be more famous than Chewbacca. Solicitor Per E Samuelson made him famous this afternoon.
The Jungles of Cambodia
King Kong is a real TPB user. His name is seen in the TPB web logs. Defence solicitor Per E Samuelson brought up his name today in a memorable sequence explaining European directives on responsibilities in transmissions of electronic information.
This film has been uploaded by user King Kong. You can read that clearly. But the prosecutor hasn't established who King Kong is or where King Kong is. He can have been in Stockholm, he can have been in Malmö, he can have been in the jungles of Cambodia. Above all else the prosecutor hasn't even tried to show how any of the defendants should have encouraged this King Kong in the jungles of Cambodia to break IP law.
Within minutes 'King Kong Defence' began spreading around the Internet, to Digg, to Wikipedia, and within minutes it already garnered 260 hits at Google. [At time of writing the count is close to 1000.]
Per Samuelson is probably not aware of the Chewbacca Defence, his citing the name King Kong due instead to what's already been put on the table by the prosecution: a torrent uploader using the handle 'King Kong'.
Samuelson's point was that the prosecution - with the bumbling Håkan Roswall in the lead - have claimed all along the case is about individuals, then deliberately sidestepped them, finally ignoring EU directives and amendments to Swedish law protecting so called 'middlemen' in situations such as these.
'In many cases it should also be unreasonable to demand the middleman checks the contents. That is to say: you can't say either that the middleman should have been aware of the contents.'
Samuelson then went on to present his opening arguments for his own client Carl Lundström, heir to the Wasa fortune. Samuelson's client met Nejj in 2004, thereafter met Svartholm at a dinner, and a joint venture was discussed. However after consulting with legal advisers in several countries Lundström decided already in 2005 not to get involved because of possible future legal implications. One of his companies has however continued to sell computer services to TPB's hosting company PRQ.
This is going faster than we expected!
- Magistrate in TPB trial