Newzbin vs 20th Century Fox et. al at the High Court, London. Week Two: Outlook not so optimistic

The court case we wrote about last week involving the UK-based Usenet indexer Newzbin.com and the might of Hollywood has carried over into an unexpected week and may indeed progress for longer than that. Newzbin have released two statements since our last update; both of which are not particularly optimistic about the situation they currently find themselves in.

There have been bizarre side issues which have emerged. To be fair to the MPA (god, we never thought we'd ever say that!) it was out of their control and down to internal Newzbin issues. Combined with Caesium falling ill during cross-examination by the opposing barrister, this has caused a delay and things are a bit of a shambles at the moment.

Quite what happens next week when the trial restarts is unclear and there may be more delays. Times are getting interesting: in a Chinese sense.

via 20th Century Fox and Others vs Newzbin Ltd - Day 3

As you can see there appears to have been some medical complications on Newzbin's side with Caesium (a Newzbin owner) apparently being taken ill during the cross-examination. It is an understandably stressful time for all those at Newzbin but thankfully Caesium returned to the stand on Day 4:

A refreshed Caesium finished cross examination today.

There have been/are huge procedural complications caused by Newzbin's internal issues and this may cause delays in the case being concluded this week.

It would be fair to say that the picture painted in court of Newzbin has not been an entirely positive one. Whilst it is hard to double guess Mr Justice Kitchin, Newzbin may have some difficulties in the near future. Caesium was accused of lying massively and repeatedly under oath and 'concocting' a phoney defence: 'Bollocks' we said, a technical latin legal expression, but nonetheless a problematic accusation.

We may be being paranoid, but at the moment our hunch is that things are looking less positive for us than last week. We hope we are wrong.

via 20th Century Fox and Others vs Newzbin Ltd - Day 4

As to what Newzbin's internal issues actually are (other than the medical side) is another question that will probably go unanswered until after the trials completion which is looking likely to head into a 3rd week. We'll let you know as soon as we hear any more; however the legal teams time is better spent on the case than answering our questions at the moment it seems.

Update

Wednesday 10th February

Newzbin have just released an update to their Day 4 comment which reads: "[Update 2: MPAA are now even attempting to use these news updates against us in court!]".

As this is the case, we very much doubt we'll be hearing more news updates; I'm not sure why they didn't realise that would happen, they should never have shown their public lack of confidence.

djm posted by djm
This entry was posted in Industry News and tagged court, legal, mpaa, newzbin, nzb-sites, uk-law, usenet-indexing. Leave a comment. Header image by ell brown

2 Comments

  1. Darnicle
    Posted Feb 9th, 2010 at 16:02 p.m.

    Well this is quite a worrying post, I too am quite the paranoid one. I wish their were more info on the accusations of lying under oath & concocting a false defence.

    Guess all that's left to say is, good luck Newzbin.

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  2. Posted Feb 9th, 2010 at 16:02 p.m.

    Indeed. To be fair it is in the prosecutions interest to instil doubt in the mind of the judge and this seems to be what has taken place. Obviously without being there we can never truly say what happened but I doubt very much the accusations of lying are based on truth; they're more likely to be based on the prosecutions' misunderstandings.

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