Anti-Piracy Group In Spain Fined For Bad Faith Actions Against File Sharing Systems

from the another-one-for-spain dept

We were just talking about how the justice system in Spain seems at least somewhat more reasonable on the subject of file sharing, and here's yet another example. A court has overturned injunctions on two file sharing sites and fined the anti-piracy group that brought charges against them in the first place for "acting in bad faith." The case was dismissed because the court realized (yet again) that linking to infringing material is not infringing itself. But, the "bad faith" part involved the anti-piracy group, SGAE, tricking the operator of the sites into believing that two SGAE employees were representatives of the court and had the right to search his home and confiscate computer hard drives. We've seen such things allowed elsewhere, so it's nice that the Spanish courts are letting private anti-piracy groups know that they are not law enforcement.


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    identicon
    Anonymous Coward, Nov 25th, 2009 @ 6:10am

    Ole in one?

     

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    Zaphod (profile), Nov 25th, 2009 @ 6:25am

    Strange, I remember an "attorney" for Scientology doing the same things to a detractor's hard drives, and other documents.

    http://www.youtube.com/watch?v=xoayLCRkF4I

    Someone coming into my house without a clear writ of seizure/warrant/or my permission is going to get ventilated.

     

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    Anonymous Coward, Nov 25th, 2009 @ 6:39am

    A few years back I read how Spain was the "Sweden of southern Europe" due to their common interest in treating their citizens with respect and providing public infrastructure (inc. Health care) as basic rights. This happened when Spain moved towards a more socialist govenment after the Madrid train bombings.

    Now with Sweden becoming more "Americanized" it's comforting to see at least one Country pushing back against corporations in favour of the ordinary person.

     

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    Free Capitalist (profile), Nov 25th, 2009 @ 6:57am

    Does Spain Actually "Get It"?

    This article reminded me of the MPAA's press release where they were creaming themselves over the "Special 301" that came out of USTR this past April.

    The release restates just how the MPAA would like to influence the laws domestically and abroad:

    It is, therefore, imperative that U.S. trading partners have effective legislative frameworks for protecting creative content online and that they enforce intellectual property rights in the digital environment.


    This paragraph once again shows just how "special" they think they are. While everyone else has to rely on personally funded civil litigation to prove a case where their rights have been violated, they are pressing governments to "just forget about" the burden of proof and become their personal IP policemen.

    But they go on to call out Canada, Russia, China and Spain as an axis-of-evil, and have a go at the "situation" in Spain:
    Internet piracy in Spain has reached an epidemic level, undermining the development of legitimate online commerce and damaging both U.S. and Spanish creators. There is strong local support in Spain for increased cooperation with ISPs but, to date, MPAA has been disappointed by the lack of concrete results.


    Of course the "cooperation" they are after is the ability to cut off Internet connections at the drop of a dime.

    To me it seems like this level of shameless belligerence in public truly is only matched by well connected Mafia-like organizations. And considering the behavior illustrated in the linked article I would not at all be surprised if the SGAE is just a local puppet of a world-wide criminal organization with intent to directly manipulate the legal systems of the "first world" to their bidding.

    It sounds to me like the Spanish either a) "Get it", and are offended by a commercial enterprise trying to usurp their legal system, or, b) were largely ignored during the most recent rounds of political payoffs and are allowing the public image of a) to take hold.

    Either way. HAHahahAhahahaha. Not yet above the law in Spain.

     

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    WammerJammer (profile), Nov 25th, 2009 @ 7:25am

    Anti-Piracy Group In Spain Fined For Bad Faith Actions Against File Sharing Systems

    It's about time the Spanish Government stepped up and began to protect their citizens from these predators. On the subject of the men coming to a persons house, Thank God I live in America. If you come in my house without thew right piece of paper you better be armed and ready to use it. Just like an old American Cowboy if you invade my home space I will shoot you. Stay on your own side of the fence.
    One time only I will say: Kudos to the court.

     

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      Anonymous Coward, Nov 25th, 2009 @ 7:36am

      Re: Anti-Piracy Group In Spain Fined For Bad Faith Actions Against File Sharing Systems

      right on. If a bunch of corporate puppets come into my house trying to take my computer they'll be meeting the business ends of my machete and mag-light.

       

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      vyvyan, Nov 25th, 2009 @ 8:21am

      Re: Anti-Piracy Group In Spain Fined For Bad Faith Actions Against File Sharing Systems

      Actually they came with paper work and all. For ordinary person who never saw a search warrant/proper court order it will be hard to tell if those papers are proper or not.

       

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    identicon
    and what happens, Nov 25th, 2009 @ 11:04am

    what happens when the warrantless times come

    like canada where they want to have warrantless search and seizures?
    now anyone posing as htem could trick you
    so were back to a need of oversight and control of said situations and you can see some real BAD BAD people dooing a lot of scamming

    thank you conservatives for another well htought of law, and the spying of isps on people is so vague that any reason can be uysed even though the aim is to go after porn sicko types.

    SAD sad that kids will trip there censors off unless htey already are spying and know where they are going.
    "wink wink, nudge nudge say no more"

     

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    Anonymous Coward, Nov 25th, 2009 @ 2:26pm

    It won't be long before the lobbyists start turning Spain into France.

     

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    Anonymous Coward, Nov 25th, 2009 @ 3:00pm

    Unfortunately the fine is a joke. Break into someone's home for the low price of only ~$750. Sounds like a good deal to me.

     

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    Anonymous Coward, Nov 25th, 2009 @ 4:33pm

    Messing with the **AA

    **AA: "Sounds like we need a regime change in Spain. Have our people call the State Department and get them going on that. Maybe some military exercises off their coast would help too."

     

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