According to Roswall, the extent of the operation and the annual net profit which could be in the range of over one million US dollars means that Pirate Bay should not be seen as a non-profit organisation.
The lawyer for the defense Peter Danowsky said in his concluding statement that the Pirate Bay works the same way as other downloading service providers. The only difference is that the profit comes from advertising rather than charges and that they don’t pay anything to the copyright holders, Danowsky told the court.
One of the defendants, Gottfrid Swartholm Warg, told Swedish news agency TT that he was not surprised that the prosecutor called for a prison sentence. However, that the prosecution would settle for just one year came as a surprise. Swartholm Warg told TT that he would have guessed the prosecutor would have demanded at least two.
Monique Wadsted, representing the American film companies, said in her concluding speech that the penalty should be higher than that which the prosecutor has called for.
She also explained that her clients have found it difficult to calculate a fair compensation for their losses. External auditors have been used in order to make an estimate and the sum of just over 20 US dollars per film was what was decided upon, with a slightly higher price for the more popular films. TV-series have been estimated at just over 40 dollars per series.
These sums have then been multiplied by the amount of downloads via The Pirate Bay. The damages of approximately 10 million dollars is high but reasonable, according to Wadsted.
”My clients are not bloodthirsty beasts”, Monique Wadsted said in her speech.