It is day three and the prosecution are now pressing The Pirate Bay to pay for sales lost. To cut a long story short, what they are essentially saying is that every download made equals a sale lost. Without hard evidence to back up themselves up, such a statement it is a gross overgeneralization at best. But things took an interesting turn when the defense argued that for The Pirate Bay to be convicted, "the service provider (The Pirate Bay in this instance) must initiate the transfer". This led to the now infamous King Kong defence, when Samuelsson, lawyer for Carl Lundstorm, said that the prosecution must show that The Pirate Bay had personally interacted with users of the site who like to call themselves names like King Kong, and could very well be leaving in the jungles of Cambodia.
TorrentFreak - As Carl Lundström’s lawyer, Per E Samuelsson took the floor and pointed out the weaknesses in the prosecutor’s case. The defense argued that prosecutors have failed to prove that Lundström has been involved in any transfer of any copyrighted material. He played the King Kong defense.
“EU directive 2000/31/EG says that he who provides an information service is not responsible for the information that is being transferred. In order to be responsible, the service provider must initiate the transfer. But the admins of The Pirate Bay don’t initiate transfers. It’s the users that do and they are physically identifiable people. They call themselves names like King Kong,” Samuelsson told the court.
“According to legal procedure, the accusations must be against an individual and there must be a close tie between the perpetrators of a crime and those who are assisting. This tie has not been shown. The prosecutor must show that Carl Lundström personally has interacted with the user King Kong, who may very well be found in the jungles of Cambodia,” the lawyer added.
Already, many are drawing comparisons between Samuelsson's King Kong defence and the notorious Chewbacca Defense from South Park. The original article, should you be interested, can be found here.