From Wikipedia:

The King Kong defense is a legal strategy employed by Carl Lundström's attorney while defending him in The Pirate Bay criminal proceedings in Sweden in 2009. The quote, translated from Swedish, was "The person responsible for uploads [of copyrighted files] might as well be a user named King-Kong in the jungles of Cambodia". This was an illustration of the fact that Lundström had no idea who downloaded what and could not be prosecuted for assisting copyright infringement if he had no contact with the person committing the copyright infringement and it is required by the prosecutor to show a connection.
Source(s):
Wikipedia article on the King Kong Defense:
http://en.wikipedia.org/wiki/King_kong_defense

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1. EU directive 2000/31/EC29 says that he who provides an information service is not responsible for the information that is being transferred.

2. The defendant is responsiblity, if he helps in the initiation of the transfer information or has close ties with the perpetrators. In other words, if prosecution can show the defendant collaborated with the perpetrators or know about their criminal activity this fact could hold them responsible.

3. The perpetrator was code name King Kong. Attorney Samuelson tried to argue that Lundstrom "had no control over the actions" taken by the pirate user. The court disagreed.

4. The court found the defendants knew that some torrent files on it pointed to copyright material and the EU directive did not apply. Defendants seemed to be participating in the crime and were held responsible.
Source(s):
http://en.wikipedia.org/wiki/The_Pirate_Bay_trial

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