by Mike Masnick
Tue, Sep 23rd 2008 6:49am
While other countries are still going back and forth on whether or not just linking to infringing content should be seen as infringing as well, an appeals court in Spain has upheld a lower court ruling that merely linking to infringing content is not infringing itself. This makes a lot of sense, as putting up links to content controlled by others should never be seen as a crime, especially when the linking party might not have any idea whether or not the linked content is infringing, and when that content could potentially change. Either way, this is a good ruling for various torrent tracker sites, since all they are doing is linking to content, rather than hosting any themselves.
If you liked this post, you may also be interested in...
- The DMCA Should Not Be An All Purpose Tool For Taking Down Content; And It's Espeically Bad For Harassment
- Star Trek Fan Film Axanar Lawyers Tell Court About JJ Abrams Claims Of Paramount Dropping Suit, Express Confusion
- YouTube Personality Files Bogus Copyright Infringement Lawsuit To Shut Up Two Critics
- Big Win For Fair Use: Jury Says Google's Use Of Java API's Was Fair Use... On To The Appeal
- Bankruptcy Fight May Be The Least Of Team Prenda's Concerns, As The FBI Comes Knocking