AfterDawn: News

Spanish court decides linking to P2P downloads is legal

In Spain, a Madrid magistrate has declared the case against Sharemula, a website publishing download links through which users can acquire TV series, music, software, etc., dismissed.

In October 2006 15 individuals were arrested, among which were people responsible for Sharemula. Now a year later court came to a decision that the site or its administration have not committed any violations against the copyright law by publishing links to peer-to-peer downloads.



The ruling was a considered a success by the Sharemula attorneys, who based the defense on three existing court rulings on similar cases. By not directly profiting from the downloads or storing illegal content, Sharemula did not break the law and was released from the accusations.

It is likely that the prosecution, including multinational companies such as Walt Disney, Paramount, Sony and Time Warner, will file an appeal shortly.

Source:
ELPAIS.com (Spanish)

Written by: Matti Robinson @ 19 Oct 2007 8:16

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• 7 comments

• ZippyDSM

  Is spain conservative(sides with business) or socialistic(sides with failed logic)
  its good to see the gray area maintained for once in any case!

  19.10.2007 12:41 #1

• locobrown

  Even though the court of Spain did rule in their favor, it still it doesn’t mean that its legal to post such links. Upon doing so they are promoting piracy, if such links were not of copyrighted material Sharemula were fortunate. It all depends on the governmental polices that regulate the use of digital material that resulted the outcome of the case.

  19.10.2007 16:25 #2

• ematrix

  Actually Spain is one of the few countries (if not the only one) that has a clear stand regarding P2P file sharing, that most countries should learn from... Spanish's legal system considers absolutely legal to share copyrighted material as long you don't profit from it.
  
  If you have a internet site (like the mentioned Sharemula) where you enlist download links, such as elinks or torrents, is legal to do so as long you don't profit by selling the links or the uploaded material, or you don't profit from advertisement on your site.
  
  On the contrary the infamous and controversial SGAE (the spanish equivalent to RIAA) outrageously demands that tax royalties are paid every time you buy a music CD, blank CD/DVD, CD/DVD burner, MP3 player and songs, even when played in a public places, such as elevators, offices, stores, concerts (even if meant for charity).

  19.10.2007 16:45 #3

• ZippyDSM

  Originally posted by ematrix: Actually Spain is one of the few countries (if not the only one) that has a clear stand regarding P2P file sharing, that most countries should learn from... Spanish's legal system considers absolutely legal to share copyrighted material as long you don't profit from it.
  
  If you have a internet site (like the mentioned Sharemula) where you enlist download links, such as elinks or torrents, is legal to do so as long you don't profit by selling the links or the uploaded material, or you don't profit from advertisement on your site.
  
  On the contrary the infamous and controversial SGAE (the spanish equivalent to RIAA) outrageously demands that tax royalties are paid every time you buy a music CD, blank CD/DVD, CD/DVD burner, MP3 player and songs, even when played in a public places, such as elevators, offices, stores, concerts (even if meant for charity).
  can you profit from donations?
  :P

  19.10.2007 16:56 #4

• ematrix

  Indeed some sites have resourted to donations to keep things running, but some have use it easily for personal profit in the past... I remember years ago, more than a dosen Spanish emule and torrents sites where closed, according to authorities not for enlisting links to copyrighted material, but for profiting from advertisement and donations.

  20.10.2007 01:51 #5

• nobrainer

  Demoniod announces "Hola servidores, móviles de la gente a España"

  20.10.2007 04:33 #6

• borhan9

  I love this. This is music to my ears.

  23.10.2007 17:58 #7