With an anarcho punk-hippy spirit, they were the lippy young(ish) geeks who taunted the major film studios and record labels and ridiculed the archaic copyright laws that allowed Pirate Bay to become a worldwide file-sharing phenomenon.

Piratbay

When a Swedish court ruled last week that the four people behind the Pirate Bay website were to be sentenced to a year in prison each and face a cumulative fine of €2.7 million, the reaction from the entertainment industry was one of glee, and media reports were all of a ridiculous “we’ve turned a corner in the battle against illegal downloading” hue.

Pirate Bay bills its website as “the world’s largest BitTorrent tracker”, which essentially means it points you in the direction of sites where you can download music, film, games and software illegally for free. It’s believed that Pirate Bay’s services have been availed of some 25 million times around the world since 2003.

After a recent change in Swedish copyright law, the Pirate Bay four were charged with “assisting copyright infringement”. In reply to the accusation that their site was specifically tailored for copyright infringement, the defendants merely shrugged and said that their site didn’t host anything illegal, but merely linked to sites where stuff could be illegally downloaded. They then got back to the more important business of twittering about the court case to their many fans.

In some quarters, there is a lot of goodwill for the Pirate Bay Four. When they received cease and desist letters from copyright holders, they would post them on the website along with their replies, such as this one to a company that makes video games:

“Hello and thank you for contacting us. We have shut down the website in question. Oh wait, just kidding. We haven’t, since the site in question is fully legal. Unlike certain other countries, such as the one you’re in, we have sane copyright laws here. But we also have polar bears roaming the streets and attacking people.”

With an anarcho punk-hippy spirit, they were the lippy young(ish) geeks who taunted the major film studios and record labels and ridiculed the archaic copyright laws that allowed Pirate Bay to become a worldwide file-sharing phenomenon.

Since the recent change in Swedish law (previously they were free to operate out of that country, but that “loophole” has now been eradicated), everyone knew they were going to lose the case. There simply was no defence. But the prison part of the verdict caused shock in Sweden.

A Swedish political party, the Pirate Party (the ideological wing of Pirate Bay if you like), organised a big protest march after the verdict was handed down and membership of the party went up by 50 per cent in the wake of the trial. It is not inconceivable that the Pirate Party could win a seat in the next European elections.

The four have not yet been imprisoned, and are going to appeal the verdict. In the meantime, the site is still functioning, though its physical servers may have been moved.


Davis Polk Advises BearingPoint on the Sales of Its Commercial Services Business and China and India Global Development Centers to PricewaterhouseCoopers

LawFuel – April 24 2009
Davis Polk & Wardwell is advising BearingPoint, Inc. in connection with its sale to PricewaterhouseCoopers LLP of a significant portion of its North American Commercial Services business and associated global development centers in China and India for $25 million. The transaction includes a sale of BearingPoint’s entire equity interest in BearingPoint Information Technologies (Shanghai) Limited, its wholly owned China global development center, and a sale by BearingPoint Business Consulting Pvt Ltd of substantially all of the assets of its India global development center. The sale of the U.S. and China assets will be conducted, subject to “higher or better” offers, under Section 363 of Chapter 11 of the U.S. Bankruptcy Code and will be subject to bankruptcy court approval. The transactions are expected to close before mid-2009 and are subject to other customary closing conditions. The financial terms of the Asian transactions were not disclosed.

BearingPoint, based in McLean, Virginia, is one of the world’s largest providers of management and technology consulting services to Global 2000 companies and government organizations in more than 60 countries worldwide.

The Davis Polk corporate team advising on the North American sale includes partners Nancy L. Sanborn, John A. Bick and Jeffrey Small, associates H. Oliver Smith, Mark P. Holloway and Shane Tintle and legal assistant Lindsay Allen. Partner Frank J. Azzopardi and associate Matthew J. Bacal are providing intellectual property advice. The tax team includes partner Kathleen L. Ferrell and associate Matthew Kohley (not yet admitted). Partner Barbara Nims and associate Ron M. Aizen are providing employment advice. All members of the Davis Polk team listed above are based in the New York office.

The corporate team advising on the Chinese sale includes partners Mark J. Lehmkuhler of the Hong Kong office and Howard Zhang (admitted only in Massachusetts) of the Beijing office, and associates Zhan Chen, Harold Tin and Steven Sha (not yet admitted), all of the Hong Kong office. Partner Kathleen L. Ferrell and associate Matthew Kohley (not yet admitted) of the New York office are providing tax advice.

The corporate team advising on the Indian sale includes partner Kirtee Kapoor and associates Allan C. Lai and Sriram Kilapakkam, all of the Hong Kong office

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