Spain legalized file sharing and peer networks
The court ruled that the use of peer-to-peer networks — for example, the BitTorrent protocol — for non-commercial purposes is completely legal, even if users download “pirated” movies and music.
This is the final court decision on the case of Jesus Guerra, the owner of the Elrincondejesus.com website, which hosts a collection of links for the eDonkey file sharing network.
In May 2009, Guerra received a complaint from the Spanish Society of Authors and Publishers (SGAE, Sociedad General de Autores y Editores). The complaint stated that the resource of Gerra violated the copyrights of some members of the Society.
The case was brought to court. Speaking in court, Guerra said that his site does not advertise. According to him, the resource Elrincondejesus.com does not violate the laws, as it simply provides a selection of links, like a search engine, reports TorrentFreak .
')
The society of authors and publishers insisted that the site should be closed in July, but Judge Raul N. García Orejudo did not agree with this requirement. He stated that peer-to-peer networks are simply data exchange between Internet users. Orehuda also noted that the provision of references to works protected by copyright cannot be equated with the placement of such materials in the public domain.
Before making a final decision, the judge also reviewed Herra’s financial statements and found out that the owner did not use the site as a source of profit. By decision of the court, the site of Guerra can not be closed, since it does not contradict the current legislation of Spain.
Peering networks are simply channels for data exchange between Internet users, so they do not violate intellectual property rights, Orehuda said. If a person uses peer-to-peer networks - for example, eDonkey or BitTorrent, and downloads copyrighted materials with their help, he cannot be held accountable if he does not use these materials for commercial purposes.
A source
This is the final court decision on the case of Jesus Guerra, the owner of the Elrincondejesus.com website, which hosts a collection of links for the eDonkey file sharing network.
In May 2009, Guerra received a complaint from the Spanish Society of Authors and Publishers (SGAE, Sociedad General de Autores y Editores). The complaint stated that the resource of Gerra violated the copyrights of some members of the Society.
The case was brought to court. Speaking in court, Guerra said that his site does not advertise. According to him, the resource Elrincondejesus.com does not violate the laws, as it simply provides a selection of links, like a search engine, reports TorrentFreak .
')
The society of authors and publishers insisted that the site should be closed in July, but Judge Raul N. García Orejudo did not agree with this requirement. He stated that peer-to-peer networks are simply data exchange between Internet users. Orehuda also noted that the provision of references to works protected by copyright cannot be equated with the placement of such materials in the public domain.
Before making a final decision, the judge also reviewed Herra’s financial statements and found out that the owner did not use the site as a source of profit. By decision of the court, the site of Guerra can not be closed, since it does not contradict the current legislation of Spain.
Peering networks are simply channels for data exchange between Internet users, so they do not violate intellectual property rights, Orehuda said. If a person uses peer-to-peer networks - for example, eDonkey or BitTorrent, and downloads copyrighted materials with their help, he cannot be held accountable if he does not use these materials for commercial purposes.
A source
Source: https://habr.com/ru/post/87627/
All Articles