[belorn]

I see the article mostly talking about the actions of those involved in the case and not the defendants. The actions performed, for example by Jim Keyzer, is criminal. The actions of the defendants, however one feel about it, doesn't excuse criminal conducts by people employed by the justice department.

However, I will try to answer the question on why creating an indexing site called the piate bay should not be illegal.

1) A crime need to first have happened, and then linked to an individual before prosecution. Its the basic idea of all justice system, and without it, justice don't work. You end up with "justice" that say "well, you are the son of So and So, and thus you are going to commit a crime sooner or later". In this case, its "well, someone somewhere is likely encourage by the site's name, so lets throw the creators in jail for that someone somewhere".

2) The pirate bay is a tool with a name. Its like having a crowbar named "heist". A name should not be enough to distinguish a criminal factory producing tools from an illegal factory. An search index, however named, should not be deemed legal liable for its users just because then name is more suggestive than "Google".