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.
Back in May last year, site and bar owner Jesus Guerra received a complaint from music group SGAE (Sociedad General de Autores y Editores) which alleged the site abused the copyrights of its members.
In a June court appearance, SGAE hoped to get an early injunction to shut Elrincondejesus immediately in advance of a full hearing which would happen at a later date. Guerra protested that his site is legal, carries no advertising and simply provides links like any other search engine.
Judge Raul N. García Orejudo threw out the request for an immediate closure of the site in July, declaring: “P2P networks, as a mere transmission of data between Internet users, do not violate, in principle, any right protected by Intellectual Property Law.”
Read more at Torrentfreak
It’s true…the networks themselves aren’t illegal. However, their raison d’etre is primarily illegal.
It’s bad enough that the current generation steals, but to raise another generation who doesn’t even bother to think the issues through…that’s truly tragic.
Its fine to argue loud and long that the music business needs a different business model. But that doesn’t justify theft.
“P2P networks, as a mere transmission of data between Internet users, do not violate, in principle, any right protected by Intellectual Property Law.”
Bravo! Well said, Judge Orejudo.
Valis, if it were your livelihood that was being stolen you might have a different take on it.
its mostly NOT the artist moaning about file sharing they can get money from concerts and merchandise its the record company’s. To be honest I could not care less about them losing money. If the business model has “moved on” and they are basically superfluous now WHY should they still survive? When they invented the tractor they got rid of the shire horse’s.When they invented the car they got rid of the carriage. If artists don’t need them any more WHY do we? If they want to try to bring in laws and such to survive WHAT are they any more? a company? what service do they provide? apart from making money for themselves? If they can’t find a way to adapt they should just die not lobby and bully us all in to paying them for a pointless product.
Jeremy, yes, we probably would. Doesn’t mean it’s right that they aim for special privileges from the government at the expense of the rest of us. May I suggest Against Intellectual Monopoly by Boldrin an Levine? Sets out the economic fallacies behind many forms of IP beautifully. Plus, the books free online (and yet the authors still make money from it…)
They want people to pay up? Then they should stop charging such outrageous prices to download tracks. 29p is fair. 99p is taking the mick. They need to learn that people just wont pay those kind of prices anymore, times have moved on and so should they.
JeremyTaylor:
Good arguement; & I admit that if I was an overpaid record company executive or a successful musician used to rolling in money & occasionally taking a break from a busy schedule of choosing the next designer luxury/pet to pretend I gave a crap about the poor or starving in order to enhance my public image I’d be appalled.
I’m not & I’m not.
So some artiste is going to have the odd red M&M mixed in with their blue ones occasionally, or some executive might have to reduce the number of prostitutes they sleep with on account of someone who can’t afford to buy their record because society feels having its sewage treated is a menial task & deserves no real wage downloads it from a fileshare. I weep for them.
Funny thing is I’m unemployed, but I don’t use fileshare
I think this is very good news. Rules and regulations are different in other countries and we have to respect them.
Sets out the economic fallacies behind many forms of IP beautifully.