Another Smart Copyright Ruling In Spain: Google Not Liable For User Upload

from the recognizing-liability dept

Just a few weeks after a German court ruled that YouTube was somehow responsible for copyright infringement done by users, a Spanish court has ruled in the exact opposite manner. Basically, the court properly recognized that Google is the tool that is used, and that it should not be responsible for the infringing behavior of its users. The court also properly notes that YouTube makes it easy (I’d argue, perhaps too easy) to remove content that a copyright holder believes is infringing. This is, of course, similar to the Viacom ruling here in the US.

It’s also no surprise that a Spanish court has ruled this way. Spanish courts have ruled over and over and over and over again that liability should be applied towards the actual infringer, rather than the third party tool provider. This is basic common sense, but it’s resulted in a misleading media campaign by the entertainment industry falsely claiming that Spain is somehow weak on copyright.

Properly applying liability to the party actually responsible is not being “weak,” it’s being accurate and fair. It’s nice to see Spain recognize this. Hopefully, Germany figures this out at some point as well.

Filed Under: , ,
Companies: google, youtube

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Another Smart Copyright Ruling In Spain: Google Not Liable For User Upload”

Subscribe: RSS Leave a comment
8 Comments
Dustin (user link) says:

Well it makes sense

To me, it makes sense for big corporations to go after 3rd parties instead of the individual. The money just isn’t there when going after the small guys.

I know here in the US they sued a couple of people over downloading music illegally and won. The person now owes something like $4 million for downloading music. Yah, they are never going to see that money.

It’s not “weak”, it’s smart on there part. And when they stop chasing money, the world will finally change (Yeah, probably never).

Mike Masnick (profile) says:

Re: Well it makes sense

To me, it makes sense for big corporations to go after 3rd parties instead of the individual. The money just isn’t there when going after the small guys.

So, they should go after the money, even if those with the money didn’t actually *do* anything wrong?

Please explain.

I know here in the US they sued a couple of people over downloading music illegally and won. The person now owes something like $4 million for downloading music. Yah, they are never going to see that money.

Same question as above.

It’s not “weak”, it’s smart on there part. And when they stop chasing money, the world will finally change (Yeah, probably never).

Same question as above.

Chargone (profile) says:

Re: Re: Well it makes sense

i can see the corporate logic… taking profit into account as the only factor, they should go after the third parties if they can possibly win. they’ll get more money out of it.

doesn’t make it Right, of course.

hopefully Spain can continue to not suck in this regard. it’s nice to see ‘the system’ getting it right, ya know?

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...