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Judge Rules P2P Legal, Sites To Be Presumed Innocent

Postby Overnet User » Wed Jul 08, 2009 1:09 pm

Written by enigmax on July 07, 2009

Time and again Spanish courts have ruled that sites that link to infringing content are not illegal, providing profits aren’t made directly from any infringement. But of course, wealthy operations like SGAE aren’t put off by such rulings and instead go after eDonkey and BitTorrent sites privately, often demanding that they are forced to close via injunction in advance of a full court hearing to assess their legality.

One such case involves the eD2K link site elrincondejesus.com. On May 13th the site received a complaint from none other than every Spanish sharing site’s nemesis, SGAE. Alleging Elrincondejesus “abused” its members copyrights, the site’s owner was summoned to appear in court on June 5th.

At this hearing various things would be discussed, but SGAE hoped to get an early decision to suspend the operations of Elrincondejesus immediately, in advance of the full hearing which would happen at a later date.
On his site, the owner commented: “As you know Elrincondejesus.com never had advertising (or has now). I’m innocent and the only thing that I have done is provided links to other sites, like thousands of search engines in the world.” There would be a month long wait for the court’s decision but today it came. The judge dismissed SGAE’s request for an immediate shutdown of Elrincondejesus.

“P2P networks, as a mere transmission of data between Internet users, do not violate, in principle, any right protected by Intellectual Property Law,” said Raul N. García Orejudo, a judge in Barcelona. Although some activities are barred, those do not concern P2P he said, noting that there has to be a presumption of innocence.
Speaking with Elmundo.es, attorney Carlos Almeida-Sanchez said: “This is the first time a court clearly states that P2P itself does not violate any rights.”
Cont: Judge Rules P2P Sites Legal, Sites Presumed to Be Innocent.
Last edited by Overnet User on Wed Jul 08, 2009 11:15 pm, edited 1 time in total.
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Re: Judge Rules P2P Legal, Sites To Be Presumed Innocent

Postby Dazzle_2 » Wed Jul 08, 2009 1:58 pm

Its a great day for common sense and a bad day for monopolist copyright zealots, if they continue to act as ruthless bullies then they will continue to be exposed for their selfish actions across the internet.
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