[pp.int.general] P2P declared LEGAL in Spain!!!

[Kenneth Peiruza]

Hi there!

    Good news from Spain: another kick to our local RIAA and the
attempts of our government to criminalize P2P users and websites!

    The P2P link website http://www.elrincondejesus.com/ has been
declared innocent in the trial SGAE vs elrincondejesus


News (in Spanish) here:
    http://www.elmundo.es/elmundo/2010/03/13/navegante/1268472778.html
    http://www.elmundo.es/elmundo/2010/03/13/navegante/1268485864.html
Sentence here:
   
http://estaticos.elmundo.es/documentos/2010/03/13/sentenciaelrincondejesus.pdf


    SGAE (Spanish RIAA) lost yesterday a civil trial against a P2P link
website, defended by Carlos Sanchez Almeida, one of the two best and
most active Spanish lawyers defending users and websites from the
'Cultural' Industry ( http://www.bufetealmeida.com ). The trial, held in
Barcelona, established a precedent in civil trials, because it did not
only absolved the accused part, but also stated that P2P link websites
do not violate any Spanish law neither P2P networks and users do.

    In the past years, SGAE tried to succeed in plenty of penal trials,
but it lost ALL trials. More information in this topic at David Bravo's
website (the other super-lawyer defending us from RIAAs):
http://davidbravo.es/sentencias/

Article 270.1 of Spanish Intellectual Property says: It's only illegal
to copy, share and redistribute copyrighted materials if these two
conditions are met (together):

    - Damage of the Copyright owner
    - With Profit (money)


So, P2P users are not getting any economical profit, and link websites
are not redistributing contents.

By dividing in this two blocks, Spanish users are able to use P2P and it
is possible to held a P2P link website (and trackers) if no content is
shared from that server.


Good news so far!


Kenneth

Spanish Pirate Party