Recording Industry Tries To Shut Down Search Engine In Spain Without Allowing It To Defend Itself

from the fairness-not-needed dept

Last month, we wrote about how the recording industry was able to pressure the operator of a BitTorrent search engine into pleading guilty despite not actually having broken the law. The site in question didn’t host any infringing files, but merely linked to a variety of files. Previous lawsuits had shown that, in Spain, merely linking is not infringement. But with the cost of a huge court case, the operator found it cheaper to just settle. Emboldened by this, it appears the industry is going after other sites as well, despite the earlier court rulings finding such sites legal. TorrentFreak notes that in one case, against the search engine, the local recording industry reps demanded an immediate injunction against the site, without even allowing the site’s operators to give its side. Luckily, the judge did not fall for this, and after a hearing in which both sides presented their position, is allowing the site to continue operating while the trial continues, noting that shutting down the site: “might cause irreparable prejudice to the defendant.” It’s good to see another reasonable ruling, though troubling that the recording industry tried to push for an immediate injunction.

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Comments on “Recording Industry Tries To Shut Down Search Engine In Spain Without Allowing It To Defend Itself”

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YouAreWrong says:

It's called a preliminary injunction

It’s called a preliminary injunction:

In most courts in the United States, the party seeking the preliminary injunction must demonstrate all four things together:
1. That there is a substantial likelihood of success on the merits of the case,
2. That they face a substantial threat of irreparable damage or injury if the injunction is not granted,
3. That the balance of harms weighs in favor of the party seeking the preliminary injunction
4. That the grant of an injunction would serve the public interest.

Most industrialized countries have similar doctrines (the elements aren’t exactly the same, but they’re similar), and it has nothing to do with the big guy beating up on the little guy, or specifically copyright cases. This happens in all areas of law with defendants of every size. Usually, the judge requires that the plaintiff pay a bond, and this can be anywhere from a couple grand to hundreds of millions (and plaintiffs sometimes don’t want to pay the bond).

The judge isn’t an idiot. He did the right thing.

Anonymous Coward says:

Re: Pay for music...

I’ll happily pay for music… if it’s any good in MY opinion.

I’m not a musician, but I am a programmer. I understand the time and effort that goes into creating something that you want to get paid for. That being said, I also understand that if I don’t KEEP creating, I don’t DESERVE to get paid.

Personally, I don’t think anyone else deserves to be paid indefinitely either. I would grant you a few years and maybe even a couple decades depending on the type of work, but beyond that, get off your butt and do something new for a change.

Bettawrekonize (profile) says:

Big CEO’s can get away with selling Aids tainted blood with the approval of the FDA (Bayer), censoring data about Vioxx (Merck), supporting terrorist organizations to attain a monopoly (Chiquita), etc… Does anyone get jail time for these corporate atrocities? NO! Yet if some poor and powerless entity does anything that maybe good for society that may threaten the profit margins of rich and powerful corporations there is jail time. It’s ridiculous. Decentralized search/file systems are good, I don’t think they should be used for pirating anything but at the same time they take away the influence that search engines and special interest groups may have over the Internet to censor important information. I want to see criminal sanctions when CEO’s of corporations act unethically. I want to see them in jail, I want to see their personal assets taken away, I want to see huge fines, they should be personally punished. Bayer should never be allowed to sell Aids tainted blood without criminal consequences and the FDA members who allowed such a thing should also be in jail. This nation has no accountability for real crimes, the only accountability that exists is for anything that threatens the profit margins of rich and powerful corporations (even if beneficial to society as a whole).

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