The Pirate Bay had long enjoyed a relative immunity from prosecution under Swedish law due to the inability of legislation to prove that hosting links and not illegal software per se was actually a contravention of statute. However it appears that management of the torrent swarm was finally considered enough to cause the action on the grounds that the servers were 'Assisting Breach of Copyright Law'. It will be a tough fight for prosecutors; the legality of indirect linking has never been tested in Swedish law and there is no concept of torrent mechanism, swarm management or the relevant protocol in existing legislation.
The entertainment industry is already crowing about this 'victory for the paying public'. A spokesman is alleged to have said that the police investigation will take considerable time, and the servers will not be released until the case is closed. Without their servers, piratebay.org will effectively be unable to continue, but their ISP has allowed them to retain a news page with scant details and links to more information on Slyck, Slashdot and other news sites. In related action, police also took servers hosting Piratbyran, a public information site which has been supporting the argument for legality of torrent hosting in Sweden.
The most worrying aspect of this appears to be that the Swedish police themselves could not say whether a crime had been committed or not; they appear to have the power to seize computers to establish whether a crime exists. In many jurisdictions, such action would be unthinkable. If a warrant can be issued without clear evidence of an identified transgression, the future looks bleak indeed.
More detail is on Slyck.
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