Gottfrid Warg of The Pirate Bay
Far from his home in Sweden, a pasty, scraggly-bearded expat sits in a Phnom Penh bar in front of a laptop, the waitresses seemingly unaware that the images flashing on CNN above their heads are of their friend and patron.
Cadillac Bar & Grill
Yesterday four young men behind a Swedish torrent-search website known as The Pirate Bay (www.thepiratebay.org) were found guilty of aiding others in violating international copyright law in a landmark court verdict in Stockholm.
Cadillac Interior
Gottfrid Warg, one of the four, is a regular customer at the Cadillac Bar and Grill in Phnom Penh’s riverside tourist district. Many of the city’s best bars, restaurants, spas and boutiques line the street, serving the city’s many tourists and expat community. “Gottfrid lives upstairs. He’s been living here for almost one month--a month on the 28th, but he came here many times before,” commented one of the waitresses. “He talks, talks, talks, talks. He talks a lot but he is a very good man. I like him,” she said.
“He’s a nice guy but he’s really very nerdy,” A local tour operator and acquaintance of Gottfrid told me, “It’s really ironic that he has this Pirate Bay thing. Here he does everything by the book. You know in Cambodia everything is about bribery and corruption, but he won’t play along—he’s completely straight.”
Four defendants: Gottfrid Svartholm Warg (alias “anakata”), Fredrik Neij, Peter Sunde Kolmisoppi and Carl Lundstrom, (the three owners of ThePirateBay.org and a patron) were sentenced to one year in jail and ordered to pay 30 million kronor ($3.6 million US) in “damages” to several international studios, including Columbia, Warner Brothers, Twentieth Century Fox, Sony BMG and EMI. The court case marks a key victory for the big media moguls in their campaign against the portion of the general public who create and use such online services.
The four are free without restrictions while they make appeals. Yesterday's verdict did not include an order to take The Pirate Bay offline, which still remains operational today.
Gottfrid responded to the verdict on an online Cambodian forum: “There's no way they can collect though… In any case, this is the lowest level of the Swedish court system. Appeals will go on for years and years.”
“He’d probably go back to Sweden to face the charges. He’s that kind of guy. I don’t think he’d ever hide out here,” the tour operator told me.
The moderator of a Cambodian expat website, Khmer440, commented: “…how much music we now have which we wouldn't have if it wasn't for what you and your partners have achieved with TPB. All sorts of long deleted albums have now resurfaced with no thanks whatsoever to the big corporations who were happy to sit on them. Basically, it's all about the music and the movies and you've given them to us.”
Only now some of the eccentricities of the trial becomes clear. On the third day of the trial, defense attorney Per Samuelson presented an argument later dubbed the "King Kong Defense":
“…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” .... 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 [another defendant] personally has interacted with the user King Kong, who may very well be found in the jungles of Cambodia...
Samuelson was apparently referring to a real Pirate Bay user with the username "King Kong." The term "King Kong Defense" was quickly popularized by blogs, news feeds, and media reports, comparing it to the Chewbacca defense from the TV series South Park. Apparently however, this was as inside joke because Gottfrid is indeed in Cambodia himself.
As a peer-to-peer search engine, The Pirate Bay allows users to share media files including music, movies, games and other software, but like all such torrent searches, it does not host the files itself. It currently has more than 3.5 million registered users, a remarkable achievement indeed.
“Gottfrid works all night on his computer. He doesn’t sleep at night. He only sleeps for a few hours in the day,” the waitress told me. “He is also my boss. In the afternoons I clean for him. But I didn’t clean for him yesterday. He hasn’t come down for two days. He’s been sick.”
The Cadillac Girls
Gottfrid boasts that he lives above an internet café. Cadillac, which offers wifi connections using prepaid cards, is a cozy bar with wooden furnishings and paneling. A large mirror runs the length of the south wall. Elegant wooden, cushioned bar stools sit around every chest-height table and counter.
Cadillac is no stranger to excitement. According to locals, a few weeks ago, an angry exchange ensued between the American owner, known as “Kadillac” Kenny, and some Cambodian youth outside the bar. A group later returned to the restaurant, held a gun to his head, and pulled the trigger. Thankfully the gun did not go off.
““I was in the bar when it happened.” wrote Gottfrid on a forum, “Apparently Kenny had been rude to some spoiled kids earlier when they parked their Lexus right in front of Caddy… Although a gun was involved, it wasn't loaded, and Kenny handled the whole situation very well… He was hit maybe twice but unluckily his glasses broke. He's recovering well though and there shouldn't be any permanent injury.”
Unfortunately tourist dollars in Phnom Penh also can attract some of the worst that Cambodia has to offer—many of the moto and tuk tuk drivers also peddle hardcore drugs (heroin, cocaine, opium) as well as marijuana, and pimp prostitutes of all ages. Violent crime is not unknown in the tourist area.
According to his website, Gottfrid, age 24, is the owner of Estoy Ltd. Seychelles IBC, a company operating in Phnom Penh and specializing in Software development, Information security, System and network administration and Computer training and private lessons. It appears life for Gottfrid may go on as “normal” for the time being, while the court appeals go forward.