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77-Page Decision 1 Please note this translation was commissioned by IFPI and it has not been endorsed by the Stockholm District Court. STOCKHOLM DISTRICT COURT Division 5 Unit 52 VERDICT B 13301-06 17 April 2009 handed down in Stockholm Case no B 13301-06 PARTIES (Number of defendants: 4) Prosecutor District Prosecutor Håkan Roswall The International Public Prosecution Office in Stockholm Plaintiffs Plaintiffs, see Appendix 1. Defendant Hans FREDRIK Lennart Neij, 780427-2636 Östgötagatan 72 A, Lgh 1022 116 64 Stockholm Defence counsel appointed by the court: Jonas Nilsson, Attorney-at-Law Hamilton Advokatbyrå Göteborg AB Stora Nygatan 33 411 08 Göteborg VERDICT Crimes commited Complicity in breach of the Copyright Act Statutes involved §§ 1, 2, 46, 53, 57 of the Copyright Act (1960:729) and Chapter 23 § 4 of the Penal Code Sanctions etc. 1 year’s imprisonment The following indictment is dismissed 2 Preparation for breach of the Copyright Act in accordance with the 2nd count of the indictment. 1 Damages Fredrik Neij will, jointly with the other defendants, pay compensation to - Sony Music Entertainment (Sweden) AB of EUR 41,467, - Universal Music Aktiebolag of EUR 73,782, - Playground Music Scandinavia AB of EUR 28,159, - Bonnier Amigo Music Group AB of EUR 4,290, - EMI Music Sweden Aktiebolag of EUR 162,988, - Warner Music Sweden Aktiebolag of EUR 146,484, - Yellow Bird Films AB of SEK 3,150,000, - Nordisk Film Valby A/S of SEK 225,000, - Warner Bros Entertainment Inc of SEK 2,484,225, - Metro-Goldwyn-Mayer Pictures Inc and Columbia Pictures Industries Inc of SEK 5,579,325 in total, 25 percent of which is payable to Metro-Goldwyn-Mayer Pictures Inc and 75 percent of which is payable to Columbia Pictures Industries, - Twentieth Century Fox Film Corporation of SEK 10,822,500, - Warner Bros Entertainment Inc of SEK 414,000 and - Twentieth Century Fox Film Corporation and Mars Media Meteiligungs GmbH & Co Film Productions of SEK 4,495,950 in total, 1 percent of which is payable to Twentieth Century Fox Film Corporation and 99 percent of which is payable to Mars Media Beteiligungs GmbH & Co Film Productions, as well as interest in accordance with § 6 of the Interest Act (1975:635) from 31 May 2006 until payment is made. Forfeiture and confiscations 1. Claims for forfeiture of value – jointly with the other defendants – are dismissed. 2. The confiscated computer and communications equipment is declared forfeit. The confiscation shall remain in place (BLG 0240-06-587 paragraphs 17, 18, 22, 24, 26, 28-34). 3. The confiscated computers found at the site of the operation of The Pirate Bay will remain confiscated until the sentence has become legally binding (BLG 0240-06-587 paragraphs 1-16 and 23). 4. The confiscated written documents will remain confiscated until the sentence has become legally binding (BLG 0240-06-590 paragraphs 2 and 7; BLG 0240-06-591 paragraphs 1-10; BLG 0240-06-595 paragraph 28; BLG 0240-06-596 paragraph 3; BLG 0240-06-598 paragraphs 4 and 6). Criminal victims fund The defendant is ordered to pay a fee of SEK 500 in accordance with the Criminal Victims Fund Act (1994:419). Compensation 1. Fredrik Neij will, jointly with the other defendants, pay compensation for legal costs to 3 - Sony Music Entertainment (Sweden) AB of SEK 468,000, - Universal Music Aktiebolag of SEK 156,000, - Playground Music Scandinavia AB of SEK 156,000, - Bonnier Amigo Music Group AB of SEK 102,000, - EMI Music Sweden Aktiebolag of SEK 264,000, - Warner Music Sweden Aktiebolag of SEK 54,000, all of which refers to counsel fees, - Yellow Bird Films AB of SEK 484,920, of which SEK 440,640 refers to counsel fees, - Nordisk Film Valby A/S of SEK 53,880, of which SEK 48,960 refers to counsel fees, - Warner Bros Entertainment Inc of SEK 592,000, of which SEK 504,500 refers to counsel fees, - Columbia Pictures Industries Inc of SEK 333,500, of which SEK 246.000 refers to counsel fees, - Twentieth Century Fox Film Corporation of SEK 333,500, of which SEK 246,000 refers to counsel fees, - Mars Media Meteiligungs GmbH & Co Film Productions of SEK 333,500, of which 246 000 refers to counsel feels, , - Blizzard Entertainment Inc of SEK 25,000 in counsel feels, and - Activision Publishing Inc of SEK 12,500 in counsel feels, as well as interest on these amounts in accordance with § 6 of the Interest Act (1975:635) from the date of this verdict until payment is made. 2. Fredrik Neij’s claim for compensation for appearance in accordance with Chapter 31 § 2 second paragraph of the Code of Judicial Procedure is dismissed. 3. The District Court awards Jonas Nilsson payment from public funds of SEK 949,025 for his work as counsel appointed by the Court. Of this sum, SEK 656,880 refers to work, SEK 35,525 to time wasted, SEK 66,815 to expenses and SEK 189,805 to VAT. The cost of the defence will remain with the state. 4 STOCKHOLM DISTRICT COURT Division 5 Unit 52 VERDICT B 13301-06 17 April 2009 handed down in Stockholm Case no B 13301-06 PARTIES (Number of defendants: 4) Prosecutor District Prosecutor Håkan Roswall The International Public Prosecution Office in Stockholm Plaintiffs Plaintiffs, see Appendix 1. Defendant Gottfrid Svartholm Warg, 841017-0537 Box 1206 114 79 Stockholm Defence counsel appointed by the court: Ola Salomonsson, Attorney-at-Law Advokatfirman Salomonsson & Liljekvist HB Kornhamnstorg 55 111 27 Stockholm VERDICT Crimes committed 1. Complicity in breach of the Copyright Act 2. Breach of the Prohibition of Certain Hazardous Goods Act Statutes involved §§ 1, 2, 46, 53, 57 of the Copyright Act (1960:729) and Chapter 23 § 4 of the Penal Code § 3 paragraph 6 and § 4 of the Prohibition of Certain Health-Impairing Goods Act Sanctions etc. 1 year’s imprisonment The following indictments are dismissed 1. Preparation for breach of the Copyright Act in accordance with the 2nd count of the indictment. 5 2. Breach of the Prohibition of Certain Health-Impairing Goods Act in accordance with the summons of 14 February 2008, indictment item 1. 3. Breach of the Prohibition of Certain Doping agents Act in accordance with the summons of 14 February 2008, indictment item 2 4. Drug offences in accordance with the summons of 14 February 2008, indictment item 3. Damages Gottfrid Svartholm Warg will, jointly with the other defendants, pay compensation to - Sony Music Entertainment (Sweden) AB of EUR 41,467, - Universal Music Aktiebolag of EUR 73,782 , - Playground Music Scandinavia AB of EUR 28,159 , - Bonnier Amigo Music Group AB of EUR 4,290 , - EMI Music Sweden Aktiebolag of EUR 162,988 , - Warner Music Sweden Aktiebolag of EUR 146,484 , - Yellow Bird Films AB of SEK 3,150,000 , - Nordisk Film Valby A/S of SEK 225,000 , - Warner Bros Entertainment Inc of SEK 2,484,225 , - Metro-Goldwyn-Mayer Pictures Inc and Columbia Pictures Industries Inc of SEK 5,579,325 in total, 25 percent of which is payable to Metro-Goldwyn-Mayer Pictures Inc and 75 percent of which is payable to Columbia Pictures Industries, - Twentieth Century Fox Film Corporation of SEK 10,822,500 , - Warner Bros Entertainment Inc of SEK 414,000 and - Twentieth Century Fox Film Corporation and Mars Media Meteiligungs GmbH & Co Film Productions of SEK 4,495,950 in total, 1 percent of which is payable to Twentieth Century Fox Film Corporation and of 99 percent of which is payable to Mars Media Beteiligungs GmbH & Co Film Productions, as well as interest in accordance with § 6 of the Interest Act (1975:635) from 31 May 2006 until payment is made Forfeiture and confiscations 1. Claims for forfeiture of value – jointly with the other defendants – are dismissed. 2. The confiscated computers found at the site of the operation of The Pirate Bay will remain confiscated until the sentence has become legally binding (BLG 0240-06-587 paragraphs 1-16 and 23). 3. The confiscated written documents will remain confiscated until the sentence has become legally binding (BLG 0240-06-590 paragraphs 2 and 7; BLG 0240-06-591 paragraphs 1-10; BLG 0240-06-595 paragraph 28; BLG 0240-06-596 paragraph 3; BLG 0240-06-598 paragraphs 4 and 6). 4. The confiscated computers will remain confiscated until the sentence has become legally binding (BLG 0240-06-595 paragraphs 3, 8, 9 and 10). 5. The confiscated health-impairing goods are declared forfeit. The confiscation will remain in force (BLG 0240-06-609 paragraphs 1, 2, 3, 4 and BLG 0240-06-610 paragraphs 2, 4, 7, 8, 10, 11, 15-20, 23-26, 30). 6. The 3 confiscated tablets of Klomifen are declared forfeit. The confiscation will remain in force (BLG 0240-06-610 paragraph 6). 7. The confiscated narcotic drugs are declared forfeit. The confiscation will remain in force (BLG 0240-06-610 paragraphs 3, 13, 14, 21). 6 8. The confiscated spoon containing traces of amphetamine is declared forfeit. The confiscation will remain in force (BLG 0240-06-610 paragraph 5). 9. The confiscated health-impairing goods are declared forfeit. The confiscation will remain in force (BLG 2007-0201-BG1034 paragraphs 6-8, 14, 17, 18, 20-25). Criminal victims fund The defendant is ordered to pay a fee of SEK 500 in accordance with the Criminal Victims Fund Act (1994:419). Compensation 1. Gottfrid Svartholm Warg will, jointly with the other defendants, pay compensation for legal costs to - Sony Music Entertainment (Sweden) AB of SEK 468,000 , - Universal Music Aktiebolag of SEK 156,000 , - Playground Music Scandinavia AB of SEK 156,000 , - Bonnier Amigo Music Group AB of SEK 102,000 , - EMI Music Sweden Aktiebolag of SEK 264,000 , - Warner Music Sweden Aktiebolag of SEK 54,000 , all of which refers to counsel fees, - Yellow
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