Daniel Westman – Pirates leading legal establishment into new waters

The Pirate Bay file-sharing trial in Sweden this year attracted massive attention. The decision by the court to convict Fredrik Neij, Gottfrid Svartholm Warg, Carl Lundström and Peter Sunde of assisting making available copyrighted content in April was reported around the world.

Since the verdict –currently subject to appeal– the Swedish judicial system has come under close scrutiny.

Things came to a head when Judge Tomas Norström, who presided over the case, was accused of having a conflict of interest. Norström is a member of the Swedish Copyright Association and this was not made clear at the time of the trial.

An investigation led by Judge Anders Eka into Norström is currently underway.

If Norström is found biased, the case will be sent back to the district court. Otherwise, the High Court of Justice will look at the main appeal of the verdict and possibly decide to hold a new trial.

Hot topic

The case has been a hot topic at the University and last month a public debate held at the University’s Aula Magna attracted an audience of over one hundred.

With interest in the case considerable legal scholars at the University have attracted the attention of the media. 

“At times interest in the case has been quite intense,” says Daniel Westman, researcher in law and technology at IRI, the Swedish Law & Informatics Research Institute within the Faculty of Law at Stockholm University.

“I personally was asked by the BBC to predict the verdict of the trial the day before it was announced.”

Westman was also interviewed by leading US technology magazine WIRED when prosector Håkan Roswall altered the charges brought against the pirates.

It’s not everyday a doctoral student is quoted by major international news outlets but Daniel Westman believes it is important for academics to talk to the media: “It’s important as a scholar to engage in the wider discussions that are taking place in society.”

Internet changed society

“The Pirate Bay case has not just been about the issue of file sharing. It’s drawn attention to the way the Law needs to keep up with technological change. The Net has changed our society. As a legal IT scholar I’m interested in how this impacts on the Law.”

Currently writing a thesis on the regulation of access to government information and its relationship to copyright and data protection legislation, Westman is arguably walking a path that other young academics may increasingly find themselves going down.

“The Net has spawned a culture of information and sharing. It’s not just about sharing downloads. It’s also about sharing information. There’s a wealth of discussion, say, about the Pirate Bay trial available online. As a scholar it’s important to engage. You can offer an alternative view to the major stakeholders.”

Westman is keen to point out, though, that there’s a big difference between writing scholarly papers that consider the Law and talking to the media.

“The media is so instant. They want a comment one minute, the next they’re silent. As a scholar, and as a lawyer too, you have time to study data and information before drawing conclusions. Interest in the Pirate Bay case forced me to react more quickly. Obviously, there are no easy answers to a case like Pirate Bay. That’s why the Swedish Law & Informatics Research Institute is committed to exploring the relationship between the law, new business models and technological innovation.”

Text and interview: Jon Buscall