Down Goes Another One: Spanish Appeals Court Rules Against Movie Studio Lawsuit Against File Sharing Site

from the how-many-times? dept

These days it seems like we're hearing about these sorts of rulings every other week or so. Once again, in Spain, a court has made it clear that under the law, it does not make sense to blame a file sharing site for the actions of its users. The entertainment industry and its supporters keep trying to paint these rulings as meaning Spain has no respect for copyright law, but the details suggest something else entirely: Spain has tremendous respect for the rule of law and properly applying liability. The issue is not that Spain doesn't respect copyright laws, but that it properly recognizes that you don't blame the tool provider for the actions of its users -- something that the US courts haven't quite figured out yet.


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  •  
    identicon
    Anonymous Coward, Jun 24th, 2010 @ 6:15pm

    spain. enough said.

     

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      identicon
      Anonymous Coward, Jun 24th, 2010 @ 6:22pm

      Re:

      tam. enough said.

       

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    •  
      identicon
      Anonymous Coward, Jun 24th, 2010 @ 7:07pm

      Re:

      Really? It was in Spain? I couldn't tell. Thanks TAM!

       

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    •  
      identicon
      Anonymous Coward, Jun 24th, 2010 @ 7:56pm

      Re:

      If anyone is wondering how you argue like a moron . . . .

       

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    •  
      identicon
      Anonymous Coward, Jun 24th, 2010 @ 8:23pm

      Re:

      e e trollings strikes again!

       

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      •  
        identicon
        Anonymous Coward, Jun 24th, 2010 @ 8:48pm

        Re: Re:

        WOW! FOUR PEOPLE TO SHOUT ME DOWN!!! HOW MUCH YOU GETTING PAID BY MIKE THE MASNICK! I'M NOT THE ASSHOLE!!! YOU'RE ALL THE ASSHOLE!

         

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        •  
          icon
          harbingerofdoom (profile), Jun 24th, 2010 @ 9:35pm

          Re: Re: Re:

          lulz


          i can just imagine you sitting there at your keyboard foaming at the mouth and looking like you are just about to go into a full blown seizure while shouting that out.

          perhaps you may want to look into a decaf brand. there are some out there every bit as tasty as the real thing.

           

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        •  
          identicon
          athe, Jun 24th, 2010 @ 11:12pm

          Re: Re: Re:

          All lowercase or all UPPERCASE - what, no middle ground?

           

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        •  
          icon
          Hephaestus (profile), Jun 25th, 2010 @ 6:42am

          Re: Re: Re:

          We do if for the sheer joy of proving you are wrong, a troll, a shill, and lack any common sense. No financial reward is needed.

          and

          "YOU'RE ALL THE ASSHOLE!"

          should be either

          YOU'RE ALL THE ASSHOLES!

          or

          YOU'RE ALL ASSHOLES!

           

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        •  
          icon
          The Groove Tiger (profile), Jun 25th, 2010 @ 8:07am

          Re: Re: Re:

          TAM: Repercussions of Evil

          The Anti-Mike waited. The lights above him blinked and sparked out of the air. There were Mikes in the internets. He didn't see them, but had expected them now for years. His warnings to Michial Thompson were not listenend to and now it was too late. Far too late for now, anyway.
          TAM was a shill for fourteen years. When he was young he watched the RIAA and he said to dad "I want to be on the companies daddy."
          Dad said "No! You will BE SHOUTED DOWN BY MIKES"
          There was a time when he believed him. Then as he got oldered he stopped. But now in the internets site of the Techdirt he knew there were Mikes.
          "This is Thompson" the radio crackered. "You must fight the Mikes!"
          So TAM gotted his flaem keyboard and blew up the firewall.
          "HE GOING TO FLAME US" said the readers
          "I will shut him up" said the commenter and he fired the report button. TAM flamed at him and tried to shout him down. But then the connection fell and they were trapped and not able to flame.
          "No! I must flame the asshole" he shouted
          The internets said "No, TAM. You are the asshole"
          And then TAM was a troll.

           

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  •  
    identicon
    The baker, Jun 24th, 2010 @ 6:26pm

    Tools causing harm

    My stove burnt my finger.
    - In the US ... Sue the stove maker and anyone else you can blame.
    - In Spain ... Don't touch the damned stove Idiot.

     

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  •  
    identicon
    Anonymous Coward, Jun 24th, 2010 @ 6:39pm

    Spain is not that stupid as to blame a kitchen knife making company for its knives being used in muggings.

    Spanish people are morons (like everyone else, really), but not THAT stupid.

     

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  •  
    identicon
    Anonymous Coward, Jun 24th, 2010 @ 7:57pm

    "he issue is not that Spain doesn't respect copyright laws, but that it properly recognizes that you don't blame the tool provider for the actions of its users" - yet they dont oblige the file sharing sites to know who their users are. sort of created a legal black hole, the reason content companies are shying away from the spanish market place.

    basically, they are allowing the companies that profit from file sharing to say "soddi" and not making them point out which dude did it.

     

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    •  
      identicon
      Anonymous Coward, Jun 24th, 2010 @ 8:49pm

      Re:

      Them's the breaks, kid.

       

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    •  
      identicon
      Anonymous Coward, Jun 24th, 2010 @ 9:36pm

      Re:

      File sharing is legal in Spain. Why would filesharers need to be identified in the first place?

      It's like identifying TAM for being a troll. Sure, some of us my like that information, but we're not legally entitled to it.

       

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    •  
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      harbingerofdoom (profile), Jun 24th, 2010 @ 9:38pm

      Re:

      then perhaps a better product to make them open their wallets and give up the cash would be a more appropriate response.

      because suing everyone in sight sure isnt getting it done.

       

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    •  
      identicon
      masquisieras, Jun 25th, 2010 @ 3:05am

      Re:

      The reason is that in Spain privacy and secret of communication has the same legal status than free of expresion that has the same status that at the EEUU. That means that you need a very strong case to get a subpoena for that information that is criminal (sure) level of proof not civil (most probable level) of proof and that do not exist in this cases.

      So is a problem of higher civil rights not of lower copyright protection are you asking for the spaniards to lower their civil rights to help the copyright holders?

       

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  •  
    identicon
    Anonymous Coward, Jun 24th, 2010 @ 9:02pm

    if its the job of that site to show you were to get things illegally, why shouldn't they be held liable?

     

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  •  
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    Nick Coghlan (profile), Jun 24th, 2010 @ 9:10pm

    The US is actually pretty inconsistent on this issue

    You don't seem to have any issues with banks that have been robbed suing the makers of any weapons used, or the makers of the getaway vehicles. You also don't impose any expectations for those manufacturers to do much of anything about the potential for misuse.

    Where the US falls down is that the plastic disc industries have had a fair bit of success in claiming that internet services should be held to a higher standard.

     

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    •  
      identicon
      Anonymous Coward, Jun 24th, 2010 @ 9:16pm

      Re: The US is actually pretty inconsistent on this issue

      Internet services do have access to the magic buttons.

       

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      •  
        identicon
        Anonymous Coward, Jun 24th, 2010 @ 9:20pm

        Re: Re: The US is actually pretty inconsistent on this issue

        You're completely wrong.

        They have magic wands.

         

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        •  
          icon
          harbingerofdoom (profile), Jun 24th, 2010 @ 9:42pm

          Re: Re: Re: The US is actually pretty inconsistent on this issue

          youre both completely wrong...


          its a lever guarded by bears with lasers for eyes wearing canadian flag capes.

           

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    •  
      identicon
      Anonymous Coward, Jun 24th, 2010 @ 9:21pm

      Re: The US is actually pretty inconsistent on this issue

      "You don't seem to have any issues with banks that have been robbed suing the makers of any weapons used, or the makers of the getaway vehicles. You also don't impose any expectations for those manufacturers to do much of anything about the potential for misuse." - that is a very poor analogy. the makers of those things are not specifically entering into a conspiracy to commit a crime. they are selling a legal product.

      however, when you start a site called "the pirate movie shop" and link almost exclusively pirated material, you have entered into a conspiracy to provide stolen content. it is a very different situation. the makers of the servers used to run the site arent liable, but those who misuse their products may be.

      your logic is one of the many smoke and mirror tricks used by piracy advocates to attempt to mislead people by creating false or misleading analogies.

       

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      •  
        identicon
        Anonymous Coward, Jun 24th, 2010 @ 9:28pm

        Re: Re: The US is actually pretty inconsistent on this issue

        Like the "smoke and mirror trick" of pretending that copyright infringement is theft because your arguments are so weak that you cannot rely on their merits?

         

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      •  
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        harbingerofdoom (profile), Jun 24th, 2010 @ 9:46pm

        Re: Re: The US is actually pretty inconsistent on this issue

        using twisted logic and calling things what they are not does not give you a win in your column.

        it makes you look like an idiot.

         

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      •  
        identicon
        Urza9814, Jun 24th, 2010 @ 9:49pm

        Re: Re: The US is actually pretty inconsistent on this issue

        I get your point about the name and content of the site, but by that logic there are a lot of pawn shops in shady neighborhoods, sketchy bars, dance clubs, and law firms that should be shut down because of their clients? I mean what's the difference between saying that people who set up a site that hosts mostly copyrighted material should be arrested and saying that criminal defense attorneys who lose a lot of cases (i.e. they cater mostly to criminals) should be arrested? Or saying that business owners that unwittingly purchase large amounts of stolen goods should be arrested?

        Hell, those responses would be more rational than arresting, say, the owners of The Pirate Bay. After all, they don't upload the torrents, the users do. That's like arresting Mike because of the link the AC above posted to a bunch of torrents on Google.

         

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      •  
        identicon
        masquisieras, Jun 25th, 2010 @ 3:29am

        Re: Re: The US is actually pretty inconsistent on this issue

        No in Spain at most you has enter a conspiracy to provide access to unauthorized material, as all user pay a levi in several electronic equipment (CD,DVD,HardDisk,Fotocopiers,CD/DVDWriter....) to compensate for several no authorized uses of materials depending on who and how is used, access to unauthorized material could be perfectly legal. So the conspiracy theory can't hold water here.

        So is easy if they want to have a chance in hell to prosecute by that line of thought the right holders should first of all stop collecting the about 0.75 Billion € a year from the spanish citizens they get with this levies.

        Yeah sure stop getting a lot of money for a chance (not a sure thing) to close a link page, I don't think so.

         

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        identicon
        BJ, Jul 4th, 2010 @ 5:07am

        Re: Re: The US is actually pretty inconsistent on this issue

        http://www.youtube.com/watch?v=IeTybKL1pM4

        Copying is not theft. It's fun. It's how we learn.

         

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  •  
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    Hephaestus (profile), Jun 25th, 2010 @ 7:01am

    Something to think about

    If ACTA get signed. I do believe it is will be a combination of the pirate party and the Spainish courts that will bring it down in the EU, by using EU law.

    It also seems that 3 strikes or graduated response in france will be found to be against EU law, long before ACTA gets signed.

    In Britain I see the Digital Economy Bill (Act) being removed before ACTA get signed. Making it all but impossible for ACTA to be implemented in britain.

    In Ireland I see the agreements to implement 3 strikes being ruled unlawful after it is challenged in the EU court system. For the same reason as France.

    Basically its a good start for us. Horrible for the content owners. Personally I would have approached implementing this in a totally different way. They got the timing so fraking off, and were in such a rush to force these laws through, that they didnt plan or time things correctly.

    All in all, I give it a Fail.

     

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  •  
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    minijedimaster (profile), Jun 25th, 2010 @ 8:37am

    So how long until all of the torrent search engine sites move their operations to Spain?

     

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      TtfnJohn (profile), Jun 25th, 2010 @ 9:02am

      Re:

      Not to sound too dense, hard to do when I'm feeding TAM trolls but what the hell.....

      Why would they want to move to Spain? While you're busy having your fit of irrationality (again) there are legitimate, legal torrents out there. So even at your extremes such search engines have a right to exist.

      OK, maybe not. Some bit torrents are used to perform copyright infringement (not a criminal act, by the way therefore all bit torrents are used to perform copyright infringement even when used for legitimate purposes such as downloading Linux and BSD distros and THEREFORE all bit torrents must be eliminated from the intertubes and furthermore even if used legitimately for a clearly non criminal act anyone caught seeding or leaching a bit torrent should be jailed for life or subject to summary execution.

      Have I got it right now?

      Just wondering about the twisted logic here. Actually complete and total lack of logic, not to mention civil and criminal law.

       

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