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ExtraTorrent.cc > Articles > Spanish Judges Say P2P is the Same as Loaning Books

Spanish Judges Say P2P is the Same as Loaning Books

Spanish Judges Say P2P is the Same as Loaning Books

Added: Wednesday, June 16th, 2010
Category: Recent Headlines Involving File Sharing > Current Events
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
A Spanish court cleared the website of any guilt for containing links to copyrighted content, saying that there has always been some form of the sale or loan of books, films, music and so on, straight since ancient times. That’s what happens now with P2P services, with the only difference that all content is now digital.

Spain keeps holding the first place among countries that push back at excessive demands of the entertaining industry. Recently a Madrid provincial court ruled that a website is not responsible for copyright violation committed by just containing links to other websites hosting copyrighted content.

A three-judge panel said in their ruling that sale and loan of books, films and music have always existed in some form since the very ancient times. The only difference now is for the most part in the medium people switch to – earlier it was analog media or paper, while now all files are in a digital format allowing a more efficient and fast exchange of a better quality. Moreover, the great advantage of it is availability through the Internet on a global scale.

The court considered evidence that the website doesn’t host the actual copyrighted materials, but only links to places where they can be found, and decided there can’t be any profit earned from the content. The court didn’t consider the presence of advertisements on the webpages containing links to be an offense.

Carlos Sanchez Almeida, the lawyer of the office defending the case, said that the court found 8 final judicial decisions proving the legitimate existence of this website. He also added that the Spanish judges have taken up a position of freedom in the web.

It has been for years that a number of Spanish judges have come to a decision that file exchanging is considered legal as long as there’s no money or other compensation involved beyond the exchanging of content available among many users. In a similar vein, noncommercial peer-to-peer file-sharing is legal. That is perhaps the main reason for the US Congressional International Anti-Piracy Caucus pointing at Spain on its “Piracy Watch List” (a list of Top Priority Countries), which contains countries they claim to be lacking copyright law enforcement. It even resulted in complaints of Sony Pictures Entertainment that piracy in Spain is so widespread that Hollywood is thinking over discontinuing selling DVDs there.

June 16th, 2010

Posted by: 

Date:  Wednesday, June 16th, 2010

Comments (15) (please add your comment »)

posted by ET lovermen (2010-06-16 12:51:23)
brods73 avatargood on spain thanx for the article sam

posted by ET junkieET loverTurtle (2010-06-16 16:58:21)
fusseltier avatarso what if sony doesnt sell dvds in spain, then even more people there will download movies and never have to think about buying one even if they wanted to have the original movie on a real dvd or blueray disk.
anyway, movie companies said years ago they would stop putting credits and other stuff on dvds and peopel would have to go online to get that info, so now they shoot themselves in the foot even more.

posted by (2010-06-16 17:18:32)
kingtiger01 avatarIts time Some Country Stood up for People's Rights. WAY TO GO SPAIN!

posted by Blocked (2010-06-16 18:50:39)
MonsterTV avatarI love Spain.

posted by ET junkieET lovermen (2010-06-16 19:44:35)
Bong avatarloan me some digital data please! I get it from E.T ,the library of congress, town library , newspapers I read in office, every place. My parents told me to share.

posted by (2010-06-16 20:18:40)
GMD avatarI wish I lived in spain.

posted by (2010-06-16 21:15:06)
jumbo71 avatarlook like we will all be moving to spain very soon...lol

posted by (2010-06-16 21:19:08)
mork_blasphemy avatarSpanish judges are the smartest,in fact as I live 100 Km of Spain I'll buy a super duper large extension and will make my alleged downloads from there ;)

posted by (2010-06-16 21:44:14)
No avatarLiving in Spain now for the past 6 years and although we are behind the times in most things.. STILL! You gotta love the attitude of the Spanish... Its like the smoking ban.. Don't try and tell the Spanish what they should do, THEY.. will decide :-) Shame we lost 1-0 today....

posted by (2010-06-16 23:15:15)
CaptCosmo avatarNow what can we all do to help other coutries (including mine-USA)to understand that Spain is correct. Now 63, I loaned records, books & other copyrighted material to my friends to share. Nobody tried to arrest me. I made 8 track, cassette & reel to reel tapes to share with my friends. Again, nobody tried to arrest me. The industry never even complained. They were worried that the sale & rental of DVD's would put movie theaters out of business but look at the box office figures! Too bad they didn't see that their business model was changing. Now we share (upload/download torrents) from friends online and continue to share our media using thumb drives. When are they going to start trying to arrest thumb drive manufactures? They are just as responsible as trackers since both help us share.

posted by (2010-06-17 00:15:12)
mork_blasphemy avatarAlthough the article is about Spain,I must say that in Portugal I never even heard about P2P anywhere,its like if it didn't even existed,maybe cause we're just a very small part of it,and I'm very sad to admit that Portugal follows Spain in many things, like if our Governors don't have a brain of their own,and the day that Spain will get legislated(prohibitional like) on P2P Portugal will soon follow,but for now all is good,and I LOVE PORTUGAL no matter what!!And its so good that this isn't a problem over here still!!

posted by (2010-06-17 02:26:01)
No avataryou gotta love the spanish they do like to give a big thumbs up to the world in general on most subjects and part of the eu soooo i can move there not a problem, think this could be an option

posted by (2010-06-17 13:09:39)
No avatarI like the way the Spanish judges see that P2P is like loaning books,or music,etc. Even the laws concerning Cannabis are not bad to live with...I think "jeepers1982" has the right idea, "i can move there not a problem" Viva La Spain!

posted by (2010-06-18 19:41:02)
No avatarGood job Spain, Finally judges that can understand the idea behind P2P.

posted by (2010-06-20 02:21:13)
enoid642 avatarIr España. Freeeeeedooooom!

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