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There will be no retrial for The Pirate Bay, the Appeal Court decided today. According to the Court the judge was not biased based on the requirements of the European Convention, a decision that can’t be appealed.However, Pirate Bay’s spokesman Peter Sunde says that they will not give up that easily. On his blog he writes, “When people think you’re down and out, that you’ve lost and have no way to win… that’s the perfect time to hit them harder than ever before.”On Twitter Peter announces that their next step is to “file charges against Sweden for violation for Human Rights.”In order to do so they will have take the case to the European Court of Human Rights, who will then conduct a review to see if the Swedish legal system did indeed violate the rights of the defendants in the Pirate Bay trial.Peter also points out that Anders Eka, the judge responsible for reviewing the bias case, was biased himself. He is referring to his connection to The Stockholm Center for Commercial law, together with movie industry lawyers Monique Wasted and Peter Danowsky who represented the music industry in the Pirate Bay trial.The appeal court was well aware of this connection, but said before that there was no reason to take Eka off the case.“The group Anders Eka is a member of has no connection to copyright issues and the interests that are present in the case. I cannot see how this specific connection could lead to that Anders Eka isn’t suitable to try the question of bias,” Fredrik Wersäll, the president of the appeal court has said.The exact nature of the charges against Sweden remain unclear. Peter Sunde was not available to comment but we guess it wont take long before we find out. Stay tuned for updates.