New ruling in Spain makes it very clear that providing P2P links is legal

Spanish law, despite political pressure and copyright lords, has ruled in virtually all proceedings against P2P link exchange websites that they do not incur any crime for such activity. Well, to all these sentences of acquittal, we must add another.

On this occasion, the trial on which the judge ruled in recent hours was initiated by the SGAE against the site El RincondeJesus, focused on the provision of P2P links to all kinds of files, considering the first that the person responsible for the site violated intellectual property rights with it. And what does the sentence say? Well, there are eight extremely juicy pages in which the investigating judge in the case, Raúl N. García Orejudo, in addition to absolving Jesús Guerrera, author of the website, says things like these (the bold ones are mine):

the page of links to P2P networks, in the configuration of the elrincondejesus website, does not currently violate the exploitation rights granted to the authors by the law on intellectual property. The system of links or links that has been described, developed by the defendant in this case, does not involve distribution, reproduction or public communication.

P2P networksas simple data transmission networks between individual Internet users do not violate any rights protected by intellectual property law.

This sentence is particularly important not only because of paragraphs like the previous ones but also because it is the first conviction of acquittal against a P2P links site which emerges from civil proceedingsthat is, we are facing a major blow to the legal strategy usually followed by copyright management entities in relation to pages that provide this type of link.

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It is a real shame that despite condemnations like these, the Spanish government is still determined to approve laws such as the « Sinde Law » whose sole objective is to give the status of law to absurd theses proposed by reactionary minorities who exclusively pursue the survival of totally obsolete models in order not to lose their position of power. On the other hand, the real objective of this type of legislation is once again clear: to eliminate judges from the equation so as not to favor them.

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