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ExtraTorrent.cc > Articles > Spain Declared File-Sharing Legal

Spain Declared File-Sharing Legal

Spain Declared File-Sharing Legal

Added: Wednesday, March 17th, 2010
Category: Recent Headlines Involving File Sharing > Current Events
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
The Spanish music group SGAE (Sociedad General de Autores y Editores) was pinning its hopes to win a case at the full trial after its early demands to close down a file-sharing website were refused. However, the result was nothing but a disaster for the group, as the judge ruled both non-commercial use of peer-to-peer networks and non-profit file-sharing link websites are absolutely legal in Spain.

In spite of the fact that many decisions were taken by the courts declaring file-sharing websites legal in case they haven’t any direct profit from copyright violation, within last years it has become custom for Spanish music rights groups to try to shut down websites beforehand of a full hearing.

The recent case concerned eDonkey link website elrincondejesus.com: in last May, Jesus Guerra, the website owner, has got a complaint from music group SGAE accusing his website of copyright infringement of its members.

The music group hoped to get an early ruling to close website instantly in a June court appearance, before a full hearing scheduled at some later date. The owner argued that his website is absolutely legal since it doesn’t carry any advertising but only offers links as many other search engines.

Judge declined the request for an instant website closure in July, ruling that peer-to-peer networks do not principally violate rights that are protected by Intellectual Property Law, since they are used only for a data transmission between users.

After the full case hearing the result was just a disaster for the group. The judge had to decide whether offering links was exactly the same as distribution of copyrighted content and therefore a violation of Spain’s Intellectual Property Act. He finally decided that providing links to copyright material is not actually the same as exposing copyrighted material to the public and declared that there’s nothing in present law prohibiting such websites from existing. In order to assess, the court also revised the website finances and decided it wasn’t a business, because its operator didn’t have any direct or indirect profits from it. Moreover, the judge declared that in case a person uses such peer-to-peer networks as BitTorrent and eDonkey in order to get copyright content for non-commercial reasons, it is considered completely legal.

SGAE seems not pleased with such decision and expects to appeal it and/or change the current law.


By:
SaM
March 17th, 2010

Posted by: 
SaM

Date:  Wednesday, March 17th, 2010



Comments (19) (please add your comment »)

1
posted by (2010-03-17 15:48:46)
abking avatarwow great article

2
posted by (2010-03-17 16:10:27)
No avatargreat news!!!! non-commercial use of peer-to-peer networks and non-profit file-sharing is NOT ILLEGAL!!!

3
posted by (2010-03-17 17:24:37)
katep avatarif all these laws happen I can see Spain getting a lot bigger population lol

4
posted by (2010-03-17 17:39:40)
Stayingtrue avataryeah, for Spain.

5
posted by (2010-03-17 18:28:10)
4JIMi2sTEXAS0 avatarif only we could implement this in america ....

6
posted by Blocked (2010-03-17 19:29:03)
phoenixcrash avatar@ 4JIMi2sTEXAS0; lmao, funniest avatar I've seen in awhile!

7
posted by (2010-03-17 20:45:59)
No avatarcan we get that judge transferred to the U.S.?? pleez

8
posted by ET junkieET lover (2010-03-17 21:15:14)
bodthepimp avatarthx SaM SPAIN THE PLACE TO BE SORRY I MEANT ET THE PLACE TO BE :-)

9
posted by (2010-03-17 21:50:05)
Rockman avatarNo no no we need those lawyers over here not the judge to criss cross the country and fight those who want to make file sharing illegal -

W H O O P Y

10
posted by (2010-03-17 23:04:53)
BenjaWiz avatarGo Spain!, woohoo! at least this country got it right.

11
posted by (2010-03-18 01:28:42)
warzy avataryeah,1 victory for all of us pirates,we'll use spain as a bridge,i told you so ,there's no stoppin us now........yeeeeeeeaaaaaaaahhhhhhhhh!!!!!!!!!!!!!

12
posted by (2010-03-18 08:46:49)
cyberartist avatarThis is brilliant - sets a good legal precedent I think for future legal cases. Now where's me bloody sombrero...

13
posted by (2010-03-18 10:26:10)
No avatarGood article BUT (there always is at least one BUT) SGAE is not a music group but a political group who try to take money from people who "do ilegal stuff".
Last week a guy was sued because in his store (he cuts hair, I don't know how you call the job, I'm really sleepy right now :P) you could listen to the radio playing on the back and the SGAE said that he was getting profit from other musicians because people could go into the store and listen to their music for free.
They are clowns hated by every one here in Spain, and what they do is shameless.

14
posted by (2010-03-18 16:08:48)
FACOTIME avatargreat 1 victory for all of us pirates one down more to go, file sharing should be legal where not doing a harm to anybody.
long live et

15
posted by ET lovermen (2010-03-18 22:41:47)
brods73 avatarET HAS ADVERTS SO WOULD BE ILLEGAL IN SPAIN

16
posted by (2010-03-19 09:58:50)
RevKing avatarThis is awesome!! Finally some one has stopped that mafia SGAE !! Suck my spanish fly you basterds. ( que os den por culo hijos de puta SGAE por putos mafiosos que soys )

17
posted by (2010-03-20 02:11:23)
numberone avatarWOW

18
posted by men (2010-03-21 04:48:19)
STEVENS8134033002 avatarWHEN ARE THEY GOING TO LIVE AND LET LIVE !!!!!!!!!
WHAT HAPPEND TO FREEDOM OF EXPRESSION??????????/

19
posted by men (2010-03-21 04:49:35)
STEVENS8134033002 avatarGOD GIVE THAT JUDGE FREE MOVIES FOR ETERNITY PLEASE



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