Sweden's Prosecutor General believes that the founders of The Pirate Bay have already had enough opportunities to prove their innocence. The defendants want to take their case all the way to the Supreme Court but the Prosecutor says that there is no reason to prolong proceedings. Site co-founder Peter Sunde tells TorrentFreak there are still complex issues to be dealt with and that the Supreme Court is the perfect venue.

During November last year, the Swedish Court of Appeal found three people behind The Pirate Bay guilty of criminal copyright infringement offenses.

Fredrik Neij, Peter Sunde and Carl Lundström were handed prison sentences and ordered to pay millions of dollars in damages.

A fourth defendant, Pirate Bay co-founder Gottfrid Svartholm, was absent from the appeal hearings due to medical circumstances. Having also failed to appear at a subsequent hearing, earlier this month the court announced that the District Court’s ruling of 2009 against him would be made permanent.

For the three defendants who did appeal, the road has not yet come to an end. They have always insisted that if necessary they would take their case to the highest court in the land – Sweden’s Supreme Court. But according to the country’s Prosecutor General, that should never happen.

In a response just submitted to the Supreme Court, the Prosecutor’s assessment is that the November 2010 appeal represented a “thorough and a careful” examination of the current indictment which came to the “undisputed” conclusion that the defendants were guilty of criminal copyright infringement. On this basis he says that a further appeal hearing at the Supreme Court is unnecessary.

“This is boring,” says Jonas Nilsson, lawyer for Fredrik Neij. “The Court of Appeal was very clear that there is no legal guidance available when it comes to the responsibilities of Internet service providers. And there are also several other issues that are of interest.”

“I do not think the Supreme Court should miss the opportunity to try these interesting questions. This is a very passive attitude of the Prosecutor, they would like to get these issues clarified, and now they have a chance,” Nilsson concludes.

But while acknowledging that there are indeed issues to be ironed out, the Prosecutor says that since the Pirate Bay case is so complex it might not be the appropriate venue to tackle them.

Pirate Bay co-founder Peter Sunde, known online as brokep, told TorrentFreak this morning that the highest court in the land is in fact the ideal forum for such complicated issues, despite the Prosecutor’s assertions.

“It is interesting things that should be tested in the Supreme Court, but the TPB case is so complex it should not be tested there?

“In other cases exactly the same arguments are used but to state the opposite. It’s because the case is so complex that the Supreme Court should test it. The guy seems to be a bit confusing to himself.

“In the end, one must remember that he’s our opponent and also employed to beat us, and of course he wants less work to do,” says Peter. “We’re a big pile of work, for many months, to him.”

But Peter remains optimistic that the Supreme Court will take the case.

“It would be a scandal to the Swedish people otherwise,” he concludes.