Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
bittorrent, file sharing, injunctions, search, spain



Record Labels Continue Their Attack On Spanish File Sharing Programmers

from the just-can't-stop dept

We've seen a series of efforts by the big four major record labels to shut down file search engines and software in Spain, despite the fact that such systems have been ruled legal in the country in the past. In one case, they were able to get one guy to cop a guilty plea and get jail time, because he couldn't afford to fight the charges. The latest such story is actually getting covered by the Associated Press, as the big four record labels are going after yet another programmer who created some file sharing apps, trying to charge him with "unfair competition" and demanding $17.5 million. Part of his defense is that Spain has a music levy on blank media, and thus it should be legal for anyone to download (other cases in Spain have ruled that personal downloading isn't a violation) -- and, thus, not a violation to create tools for such downloads. It'll come as not much of a surprise, that the record labels disagree. They'd prefer to get their piracy tax and shut down any attempts to share music at the same time.

10 Comments | Leave a Comment..

 
 

Reader Comments

(Flattened / Threaded)

    May 20th, 2009 @ 6:04pm
  • by Anonymous Coward

    " ... they were able to get one guy to cop a guilty plea and get jail time, because he couldn't afford to fight the charges."

    - And if that didn't work, I suppose they were going to waterboard him.

    (reply to this comment) (link to this comment)

  • May 20th, 2009 @ 6:52pm
  • by anonymous

    just for that ill burn a few albums right now, and maybe a movie while im at it. Bwahahaha

    (reply to this comment) (link to this comment)

  • May 20th, 2009 @ 7:14pm
  • by Alan

    Does anyone else find it worrying that Copyright, which was originally supposed to promote innovation in art and science, is being used as a bludgeon to chill innovation in completely unrelated areas?

    (reply to this comment) (link to this comment)

  • May 20th, 2009 @ 8:06pm
  • cosas malas

    by Dave

    That's a shame. Spain is very progressive in many areas. But on technology, particularly internet technology, they are lagging. I see it myself, and I hear it directly from Spaniards. And maybe this has something to do with tech policy lagging, too.

    (reply to this comment) (link to this comment)

    • May 21st, 2009 @ 5:14am
    • Re: cosas malas

      by icon WarOtter (profile)

      I dunno about that, from some of the stories recently, it seems as though the Spanish courts have a good amount of common sense and integrity, and that can help override any lack of knowledge in any area. But of course I could be wrong.

      (reply to this comment) (link to this comment)

    • May 21st, 2009 @ 9:58am
    • Re: cosas malas

      by The infamous Joe

      Spanish laws say that making a copy for personal use, regardless of the source, is not illegal.

      Sounds like they are ahead of us to me.

      (reply to this comment) (link to this comment)

    May 21st, 2009 @ 9:10am
  • by TDR

    To the labels:

    "Hello. My name is Inigo Montoya. You killed my creativity. Prepare to die."

    (reply to this comment) (link to this comment)

  • May 30th, 2009 @ 1:05am
  • Same here in the USA

    by Studiox

    Record Labels here in the USA. They want the radio stations to pay them for playing the music on the radio. I say its time to stop buying CDs and going to shows. Just to show the Record Company's that the fans are why their in Business.

    (reply to this comment) (link to this comment)

  • Jun 17th, 2009 @ 4:34am
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