Witness examination with Magnus Mårtensson, IFPI:
Prosecutor: It is correct that you're working for IFPI?
Mårtensson: Yes.
P: How long have you done that?
M: For fifteen years.
P: What are you doing for IFPI?
M: Antipiracy. We act against pirates.
P: What does acting against mean?
M: We gather evidence and turns it over to the police in ongoing investigations.
P: So you have prior experience in investigating infringements.
M: Yes.
P: What did you do before you started working for IFPI?
M: I was a student.
P: Had you gathered evidence over the net before working for IFPI?
M: No, only for IFPI.
P: So, this is the first time you gather evidence over the internet?
M: Nono.
P: Okay, then I misunderstood. How did the investigation work?
M: I went to the Pirate Bay, downloaded a number of albums to my own computer, and concluded the songs I had downloaded were correct and working.
P: How did you make your selection?
M: Not very scientifically - I checked the top list.
P: What software did you use to secure the evidence?
M: None at all. I used Internet Explorer and made some screen dumps.
P: You didn't use any BitTorrent software.
M: Yes, of course I did. I also used a BitTorrent client called Azureus.
P: But there were no network logging in the background?
M: No.
P: How did the download work?
M: I searched for an artist, chose one of the links in the search results list presented, clicked it and was redirected to a download list for the torrent file with a lot of information, and what is relevant on that page is a link that is called "download this torrent". When you click the link you get a torrent file. When I got the torrent file, Azureus started the download of the file.
M: When you had started the download, did you get any contacts with other file sharers?
P: Yes, mostly uploaders.
M: When you started the download yourself, did you get in contact with a tracker?
P: Yes, well... I watched over some of the cases. In one of the screen dumps I took you can see a tracker address to PRQ. I'm no bit torrent expert, but I am somehow communicating with the tracker.
M: Did you somehow during the download check that you were in connection with the tracer?
P: No.. as I, making the download, felt, I was on the Pirate Bay website, I didn't control what tracker was contacted.
M: What albums did you download?
P: *goes through a list*
Defense: You say that you're a lawyer. That means that you have no education in computer science?
Mårtensson: That is correct.
D: You also said you're no expert in the BitTorrent protocol. Does that mean that you're not an expert in technical matters?
M: That is correct. I was supposed to mimic an average user.
D: There is someone that has uploaded a torrent file to TPBs homepage. Can you at all claim whether or not the downloaded torrent file originated with that one uploader?
M: No.
D: Can you at all claim whether or not the work [the music] has been available at the internet at the time when you downloaded the torrent file?
M: Yeah... well... you can upload in one of two ways, you either have the entire file or parts of it.
D: So, can you claim that you've downloaded a part of the torrent from the uploader?
M: Er...? No.
D: Can you say how the people in the swarm got there, via the Pirate Bay or some other way?
M: No.
D: When you made your screen dump, did you turn off DHT and Peer Exchange?
M: DHT was turned on of course. I wanted to mimic an average user.
D: So there were no way for you to verify that the tracker was used?
M: The tracker's address was on the screen. I take that as a confirmation that it was somehow used.
D: But since you had DHT turned on, you have no possibility to claim with any certainty that the Pirate Bay tracker was actually used?
[After many exchanges of this question, Mårtensson finally admits:]
M: No.
D: Did you really listen to all the songs from beginning to end, to verify it was actually those songs.
M: Yes, I did.
D: How did you select the songs?
M: I chose them myself.
D: Did you download the BitTorrent client from the Pirate Bay?
M: No, from the client manufacturer's homepage.
D: So, you had a complete set of file sharing software on your computer before you went to the Pirate Bay?
M: That is correct.
D: So it was your computer that initiated the file sharing?
M: I have to get a torrent file from the Pirate Bay.
D: But that torrent file, you could just as well has gotten it from Google?
M: I have never done this via Google.
D: Nobody on IFPI has discussed doing this with you, aside from you never doing it yourself?
M: We never had any problems with Google...
D: But after working for IFPI for fifteen years, you must be aware that there are torrent files on Google?
M: This might sound strange to you, but that's nothing we talk about.
D: But you do know other sites than the Pirate Bay? For example?
M: I would say, for example, BTJunkie.
D: And had you gone to that site instead and downloaded the same torrent, your client would have reacted in the same way.
M: Yes.
D: Do you have any idea how many of these sites there are on the internet?
M: No.
D: A file sharing service, is it automatic, in that it doesn't know whether a file is protected or not?
M: That is correct.
D: So when you start your download, are you on the Pirate Bay or in your client?
M: The client.
[Discussions of a particular screen dump]
D: This torrent file is uploaded by [user name]. Have you or your employer ever attempted to make contact with this person?
M: No.
D: This torrent file being uploaded by this person at this time, does that also mean the person has uploaded a copy of the work?
M: No.
D: It could be empty?
M: Well, the torrent file is uploaded at this date (Feb. 13).
D: Do you know if the person uploading the torrent also used his client to upload a copy of the work?
M: No, I can't answer that [meaning: I don't know].
D: Your screen dump is from Azureus. That program is not released by the Pirate Bay?
M: No, you can get that program anywhere.
D: It says there are two complete sources and two non-complete source. What does that mean?
M: I'm no bit torrent expert, but, it means two seeds, two leechers.
D: Then I want to ask you - have you made any attempts to identify these four computers?
M: No, the entire point was mimicing an average user.
D: I'm still asking.
M: No, we haven't made any identifications.
D: So my question is: do you know if these four persons are uploading via the Pirate Bay.
M: I have no idea.
D: Could they be uploading through completely different paths?
M: I have no idea.
D: On February 13 this torrent was uploaded to the Pirate Bay. Have you any idea how many times it has been uploaded to other places, such as Google, YouTube...?
M: That is impossible to say.
D: It could in fact be the millionth copy...?
M: It's impossible to say. It could be.
D: If Robbie Williams release an album, how many times has it been copied before it ends up on your computer.
M: I don't know.
Comment: It should be obvious, the ownage. No need to dwell on that.
I have personal reasons to feel a connection to this very scene: by a bizarre leap of fate, Magnus was working on a summer camp where I was as a kid, at Varvåkra. In fact, he was arguably one of my favourites among the camp leaders. He's really a great guy. Almost a shame he was this pwned here, though we're on the opposite side of the trenches on this matter.
Note that I did not witness this scene on the original show in the court house. I only translated the transcript
from Rick.