After earlier attempts through other courts and processes, two of the key figures behind the creation of The Pirate Bay have announced what could be their last throw of the dice to avoid imprisonment. Peter Sunde and Fredrik Neij, two of the co-founders of the infamous torrent site, have now filed appeals with the European Court of Human Rights.

Over the years there have been dozens of announcements coming out of The Pirate Bay, often foretelling the arrival of some crazy scheme or thought-provoking plan to move the site and sharing culture forward.

While many haven’t come to fruition due to outside influences such as wild parties, one thing has been upheld – the years-long promise to fight until the bitter end.

The site has been in new hands for some time now, but for site co-founders Peter Sunde and Fredrik Neij there is unfinished Pirate Bay business that isn’t just going to go away.

Early February, Sweden’s Supreme Court announced its decision not to grant the pair (plus Gottfrid Svartholm and Carl Lundström) leave to appeal, meaning that the previously determined jail sentences and fines would stand.

Sunde was scheduled to begin his 8 month jail sentence in the Västervik Norra facility last month, with Neij destined for 10 months in Kirseberg prison. Neither are in place with both choosing to fight instead.

In May, Sunde went on to file a plea for clemency with Neij announcing shortly after that he would take his case to Europe.

Now it appears that both Neij and Sunde are aiming for a hearing at the European Court of Human Rights.

“Essentially we’re arguing the same as we did in the previous court case, regarding the e-commerce directive as the basis for TPB being legal, Sunde told TorrentFreak.

Further detail comes from Neij’s lawyer Jonas Nilsson who says that Article 10 of the European Convention on Human Rights guarantees citizens of Sweden the freedom to receive and impart information. The Pirate Bay’s services – to transfer non-proprietary information (.torrent files) among users through an automated process on the Internet – is protected under that article of the Convention, Nilsson says.

“There’s some references to other cases that this has been tested in already,” Sunde told us.

“I’m positive, but it will take 4-5 years before they try the case IF they take it at all. IF they take it – I’m positive of the outcome.”

These appeals to the ECHR appear to be the last throws of the dice for ‘brokep’ and TiAMO, but if we’ve learned anything from almost a decade’s worth of Pirate Bay-related news it’s this – never count them out and expect the unexpected.