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'Piracy' web sites are legal in Spain
SO-CALLED 'PIRACY' WEB SITES are apparently legal in Spain, according to the latest ruling by a Spanish court regarding copyright infringement.
The ruling relates to two lawsuits filed in 2009 by music rights group Sociedad General de Autores y Editores (SGAE), which sued the owner of file linking web site Elrincondejesus.com, Jesus Guerra.
According to Torrentfreak, Judge Paul García Orejudo ruled that web sites that link to copyrighted material are not illegal under Spanish law, unlike in neighbouring France, although web sites that actually host such files are illegal.
However, SGAE appealed the case in the Provincial Court of Barcelona, which resulted in a fine for Guerra of €3,587, primarily because his web site linked directly to files uploaded on file hosting services like Megaupload and Rapidshare, which the court saw as much different than normal peer-to-peer files like torrents.
SGAE sued another web site called index-web.com, which ended with the same initial court ruling and another appeal in the Provincial Court of Barcelona. Despite being an almost identical case to that of Elrincondejesus.com, SGAE failed to win that appeal this week.
Lawyers for the case said that this was the first final ruling that such web sites are legal in Spain and that it creates a legal precedent for future cases. This means we could see a lot of people moving their web sites to Spanish hosts to avoid prosecution.
This is a major blow to the music and film cartels and a significant victory for the filesharing community, which has been under attack in several countries. A large number of web sites that link to copyrighted material have been seized and shut down as part of a US operation called In Our Sites.
The problem for the Spanish web sites is that European Union laws could be used to shut then down, new laws could be passed in Spain to make them illegal, or Operation In Our Sites could make national laws meaningless, since the US Immigration and Customs Enforcement agency believes it has the power to seize any .com or .net domain. µ
Tags: Internet
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The headline "'Piracy' web sites are legal in Spain" doesn't match the statement in the article:
"According to Torrentfreak, Judge Paul García Orejudo ruled that web sites that link to copyrighted material are not illegal under Spanish law, unlike in neighbouring France, although web sites that actually host such files are illegal."
There seems to be a continuing confusion in spain as judges think there is justice and rights for common people.
But the spanish politicians often are more with the global fascism of 'people are there to be our serfs'.
But I'm sure the US and buddies will strong-arm/bribe and if that doesn't work apply some selected 'assisted suicide' and if that fails find an 'excuse' to bomb the hell out of spain, it's for money after all and money is the american god, and they are so very religious..
Artists and the judicial system disagree with "psycho" and the other folks in denial. That's why pirates get fined for their crimes.
Copyright laws exist to PROTECT FAILING BUSINESSES.
There, fixed it for you.
"Art" is not harmed by unauthorized duplication, just profitability.
Copyright laws exist to protect art not to allow people to pirate. Estimates are that less than 5% of the population worldwide pirates. That means there is 5% of the world who believe it's OK to steal. The judicial systems around the globe have constantly told these people they are wrong.
Why they don't take down Google then.
It links directly to pirated content.
When significant percentile of the populace is violating the same "law" regularly, perhaps it is the law that is in the wrong.
AXJ ® SPAIN is investigating the SGAE mafia now.
You know that decision won't hold up for long as society is not going to allow piracy or facilitation of piracy to continue unpunished. It looks like Spain's laws are out of date for the digital age.