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Spanish court rules its legal to share P2P download links

20 September 2008 16:33 by Andre "DVDBack23" Yoskowitz | 13 comments

A Spanish court has ruled that it is infact legal for a site to provide links to P2P downloads as long as they are not offering the files themselves and not working for "commercial gain."

The Provincial Court of Madrid ruled in favor of Sharemula.com, a site whose sole purpose was to index eDonkey links to movies, games and music. eDonkey links are very similar to that of .torrent files, which do not contain any copyrighted material themselves but lead to such files.

The site went under investigation in 2006 by the Federaci�n Antipirater�a and later 15 people were arrested in connection with the site.

The case was even thrown out after being heard last year because the judge ruled the administrators of the site were not doing anything illegal and did not make a cent from the index. The media industry, including Columbia, Disney Company Iberia, Twentieth Century Fox, Warner, Universal, Paramount, Sony and MGM, appealed the decision however but have now lost again, and this decision can not be appealed.

�The hearing confirms the position of the defense that linking to P2P networks does not constitute a criminal offense,� added David Bravo, a lawyer for the defense.

This decision should be welcomed by the administrators of Mininova and the Pirate Bay who have upcoming similar cases.

Permalink to this article | Topic: Lawsuits & Legislation

Mininova trial gets postponed (21 May 2009)

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Sony launches third-generation internal 8x Blu-ray writer (23 September 2008)

Yahoo search engine adds full song playback (21 September 2008)

Pirate Bay boycotts 'traditional media' (12 September 2008)

EliteTorrents admin gets 18 months in jail (10 September 2008)

UK ISPs are handing over personal details of 'pirates' (7 September 2008)

The Pirate Bay is under fire again (6 September 2008)

Pirate Bay trial delayed at least a couple of months (29 August 2008)

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matt87622 (Junior Member) 20 September 2008 17:04
Im glad to see this with all the negative incidents recently. [ + quote] This message has been edited since posting. Last time this message was edited on 20 September 2008 17:06
Tsusai (Newbie) 20 September 2008 20:41
Finally....a country that got it right!!!! [ + quote]
lancerx (Member) 21 September 2008 0:08
i'm finally starting to love my country after all [ + quote]
david89 (Inactive) 21 September 2008 0:13
finally country got it right claps his hands i hope they stay this way. [ + quote]
1bonehead (Senior Member) 21 September 2008 1:14
All this means is that the Spanish riaa will just bribe the legislature to pass a law to make p2p trackers of music/video illegal The BPI Are: SONY, UNIVERSAL, WARNER GROUP, EMI. The RIAA Soundexchange Are: SONY, UNIVERSAL, WARNER GROUP, EMI. The IFPI Are: The same anti consumer lot as listed above! The MPAA Are: SONY, UNIVERSAL, WARNER GROUP, DISNEY, PARAMOUNT, FOX. [ + quote]
13thHouR (Inactive) 21 September 2008 5:10
*Quote:* The media industry, including Columbia, Disney Company Iberia, Twentieth Century Fox, Warner, Universal, Paramount, Sony and MGM USA law is not universal yet scum bags. Take your bogus claims and doublespeak somewhere else. Good for spain next win will be the jumped up case against the pirate bay but they can't touch them until the scum bags get the ACTA finalised. *Originally posted by 1bonehead:* All this means is that the Spanish riaa will just bribe the legislature to pass a law to make p2p trackers of music/video illegal it's called to "lobby" not bribe, The ACTA is coming and its thanks to the organisations like the RIAA, MPAA. Name and shame and boycott all things these companies have their greasy little figures involved with before they destroy our culture for profit. RIAA: # Sony BMG Music Entertainment # Universal Music Group # Warner Music Group # EMI MPAA: # The Walt Disney Company # Sony Pictures # Paramount Pictures Viacom�(DreamWorks owners since February 2006) # 20th Century Fox (News Corporation) # Universal Studios (NBC Universal) # Warner Bros. (Time Warner) [ + quote] This message has been edited since posting. Last time this message was edited on 21 September 2008 5:34
lynchGOP (Inactive) 21 September 2008 10:51
Hmmmmm..............I'd bet Spain in a nice place to live. MMMmmmmmm.............Spanish honeys, tapas and countless bittorrent sources. Yeah.............I like that. [ + quote]
OneMember (AfterDawn Addict) 21 September 2008 19:26
*Originally posted by lynchGOP:* Hmmmmm..............I'd bet Spain in a nice place to live. MMMmmmmmm.............Spanish honeys, tapas and countless bittorrent sources. Yeah.............I like that. We can only dream... ;) I liked that verdict. [ + quote]
hermes_vb (Senior Member) 27 September 2008 0:08
Spain comes to the rescue. I love it. Viva la Madre Patria!!!! [ + quote]
1bonehead (Senior Member) 27 September 2008 3:49
*Originally posted by lynchGOP:* Hmmmmm..............I'd bet Spain in a nice place to live. MMMmmmmmm.............Spanish honeys, tapas and countless bittorrent sources. Yeah.............I like that. I'm with ya ! The BPI Are: SONY, UNIVERSAL, WARNER GROUP, EMI. The RIAA Soundexchange Are: SONY, UNIVERSAL, WARNER GROUP, EMI. The IFPI Are: The same anti consumer lot as listed above! The MPAA Are: SONY, UNIVERSAL, WARNER GROUP, DISNEY, PARAMOUNT, FOX. [ + quote]
sparkery (Junior Member) 30 September 2008 0:18
Vote for Pedro!! [ + quote]
hermes_vb (Senior Member) 30 September 2008 1:09
Pedro was Mexican...LOL [ + quote]
davidrose (Junior Member) 21 May 2009 17:52
*Quote:* *Originally posted by lynchGOP:* Hmmmmm..............I'd bet Spain in a nice place to live. MMMmmmmmm.............Spanish honeys, tapas and countless bittorrent sources. Yeah.............I like that. I'm with ya ! Yippie let's go Nice to see a winner anyway!! [ + quote]