Post by lazysoft on Jan 16, 2009 20:19:27 GMT -5
Read the following and remember that a board like this have to be hosted in Spain. : Source: cj.dk/readarticle.php?article_id=4
ENGLISH:
A Spanish court has now ruled that it is legal to link to pirated music and movies online.
By Karim Pedersen
Friday 26 September 2008, 07:45
A decision by a Spanish court of appeal is yet another slap in the face of music and film industry's campaign against online piracy. The Spanish Anti-organization Federación Antipiratería was in 2006 arrested the owners of this site Sharemula.com which indexes files on the popular fildelings service edonkey.
Federación Antipiratería believe that the site owners have infringed copyright by linking to pirated music and movies. But the accused was acquitted by a Spanish court last year, which justified its decision not to have earned money from linking to the files.
This decision was subsequently appealed by right-holders, and now an appeals court in Madrid then handed down the final ruling in the case. And it was a clear setback for the film and music industries. Not only that owners of Sharemula.com was acquitted of all charges.
The Court also stated that it is totally irrelevant whether they have earned money or not on their site.
The law does not believe that you can be penalized for that link - even if the link points to illegal content. For a link is only "a means for users to access another site, as stated in the decision.
The Spanish case is compared with the Swedish trial of BitTorrent-Track Transferees Pirate Bay, which also functions as a kind of index without having to make files available, witch now makes musicXplorer.com legal.
ENGLISH:
A Spanish court has now ruled that it is legal to link to pirated music and movies online.
By Karim Pedersen
Friday 26 September 2008, 07:45
A decision by a Spanish court of appeal is yet another slap in the face of music and film industry's campaign against online piracy. The Spanish Anti-organization Federación Antipiratería was in 2006 arrested the owners of this site Sharemula.com which indexes files on the popular fildelings service edonkey.
Federación Antipiratería believe that the site owners have infringed copyright by linking to pirated music and movies. But the accused was acquitted by a Spanish court last year, which justified its decision not to have earned money from linking to the files.
This decision was subsequently appealed by right-holders, and now an appeals court in Madrid then handed down the final ruling in the case. And it was a clear setback for the film and music industries. Not only that owners of Sharemula.com was acquitted of all charges.
The Court also stated that it is totally irrelevant whether they have earned money or not on their site.
The law does not believe that you can be penalized for that link - even if the link points to illegal content. For a link is only "a means for users to access another site, as stated in the decision.
The Spanish case is compared with the Swedish trial of BitTorrent-Track Transferees Pirate Bay, which also functions as a kind of index without having to make files available, witch now makes musicXplorer.com legal.