[TF]File-Sharing and Link Sites Declared Legal in Spain

**Vation** · 16.03.10, 12:00

After early calls to shut down a Spanish file-sharing site were dismissed, music group SGAE pinned its hopes on success at the full trial. But, the outcome for them was nothing short of a disaster. The judge declared that both non-commercial file-sharing link sites and non-profit use of P2P networks are legal in Spain.

Despite many rulings which have declared file-sharing sites legal if they don’t profit directly from copyright infringements, in recent years its become something of a custom in Spain for music rights groups to attempt to close down sites in advance of a full hearing to assess their legality.

One such case involves eDonkey link site elrincondejesus.com and although fairly low profile worldwide, the site will now start to set headlines...

Source and further reading:
File-Sharing and Link Sites Declared Legal in Spain | TorrentFreak

**slikrapid** · 16.03.10, 14:55

from the comments:

The case against elrincondejesus is not a personal copy case, it is a case about making the work available to the public. I think that the right ruling with regards to linking was achieved, namely, that linking per se does not constitute making the work available to the public. However, the judge completely overtstepped his mandate and went on to make half-arsed legally unsound claims about P2P in general, and this is where he has opened himself to the ruling being lost in appeal.

coincidence?

By the way, for everyone thinking that this changes things in Spain, it does not. This is a lower court in Barcelona, so it is not binding to the rest of Spanish courts, the Civil Law system does not work like that.

figures...