The news you're not supposed to know...

Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
Article posted Jul 15 2011, 9:39 AM Category: Science/Technology Source: TorrentFreak Print

Final Ruling Confirms 'Pirate' Sites Act Lawfully in Spain

by Enigmax, TorrentFreak

Lawyers defending a file-sharing site say a new legal victory provides final confirmation that sites providing links to copyright works act lawfully in Spain. In a complaint filed during 2009, SGAE claimed that violated its rights but in yet another blow to the music rights group and Spain’s Ley Sinde anti-filesharing law, this week a court disagreed.

Several rulings over the past couple of years have indicated that sites providing mere links to copyright works act legally under Spanish law. One key case, however, threw uncertainty into the mix earlier this year.

The case dates back to May 2009, when music rights group SGAE (Sociedad General de Autores y Editores) filed a complaint against Jesus Guerra, the operator of file-sharing link site SGAE claimed the site abused the copyrights of its members.

At full trial Judge Raul N. García Orejudo ruled that offering an index of links and/or linking to copyright material is not the same as distribution, noting that under current Spanish law there is nothing which prohibits such sites from operating.

In March this year, however, an SGAE appeal resulted in being subjected to a fine of 3,587 euros by the Provincial Court of Barcelona.

In addition to P2P links, Elrincondejesus had offered links to files held on sites such as MegaUpload and RapidShare. The Court said that by offering these direct links Elrincondejesus had made copyright works “publicly available”, even though the site had not uploaded them to the Internet. This, the Court concluded, was a breach of SGAE’s rights.

All this must’ve seemed like very bad news for, a site with the same structure as Elrincondejesus that had been fighting an almost identical case against SGAE dating back to 2009. After initially being cleared of wrong-doing at a May 2010 hearing, following an SGAE appeal would now have to face the Provincial Court in Barcelona, the same court that had found Elrincondejesus liable in March.

This month that case went ahead, but rather than SGAE coming out on top again as it had done against Elrincondejesus, the pendulum swung the other way. The Provincial Court, with the same judges presiding as in the previous case, decided that links – whether to material on P2P networks or cyberlocker-type services – do not infringe intellectual property rights.

Lawyers for, Javier de la Cueva and David Bravo, say the ruling is significant and represents the “..first final decision in civil proceedings issued in our country stating that pages of links to P2P sites or direct downloads do not infringe any intellectual property rights.”

Cueva and Bravo say the ruling from the influential Barcelona court will become the legal standard for interpreting Spain’s intellectual property laws in future, and will have implications for Ley Sinde, the Spanish government’s troubled anti-filesharing legislation.

Following the ruling in favor of, Cueva and Bravo – who also represent Elrincondejesus – have filed an appeal on the site’s behalf, hoping to overturn the 3,587 euro fine handed down in March.

What remains to be seen now is how the US government will react. As part of Operation in Our Sites, US authorities previously seized the domain name of sports links site RojaDirecta on the basis that it operates illegally. The Provincial Court ruling appears to put the legal status of RojaDirecta beyond doubt.

Nevertheless, just this week federal prosecutors urged a judge not to return the site’s domain following a request by Puerto 80, the company behind Rojadirecta.

“Returning the Rojadirecta domain names at this time would provide Puerto 80 with the very tools it used to commit the crimes the government has alleged it engaged in prior to the seizure,” the government said in its filing.

Since it is committing the same ‘crimes’ as RojaDirecta, will have its domain seized by the US too?

Latest Science/Technology
- Cleveland Police Union Thug Cop-splains Blue Privilege
- Free-Market Company Works To Actually Fight Crime With High-Tech Security Guard Robots
- A Cop's "Worst Nightmare": Accountability
- Changing the Climate Change Narrative
- Marc Morano debates climate change on CCTV
- CUPID Drone To 'Shock The World' With 80,000 Volt Stun Gun
- Female Takes Testosterone, Starts Objectifying Women, Thinking Pornographically, & Becomes Interested In Science
- The Problem Isn't "Patent Trolls." The Problem Is Patents.

No Comments Posted Add Comment

Add Comment


Verification *
Please Enter the Verification Code Seen Below

Please see our About Page, our Disclaimer, and our Comments Policy.

This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy

Advanced Search


Remember Me
Forgot Password?

Bureaucrats Panic As Traffic Ticket Revenue Plummets Across U.S. - 03/30New England Cop Harasses Guy Walking Home, Gets Schooled - 03/31The Matthew Townsend Case: Official Retaliation, Not "Witness Intimidation" - 03/31Audio Released of Cop Shooting and Killing College Student for Speaking Disrespectfully - 03/31Plainclothes Cop Unleashed Racist Tirade On Uber Driver In New York - 03/31Here Comes Italy: The Next Country to Legalize Marijuana? - 03/31State Sterilization: Alive and Well in America - 03/31Student Records Teacher Threatening Kids, Gets Suspended - 03/30

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up