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...
- How Section 1201 Of The Copyright Statute Threatens Innovation
- German Court Says YouTube Isn't Liable For Infringement, But Wants A Notice-And-Staydown Process
- MLB Network DMCAs Video Of Bob Costas Torching MLB Pitcher, Which We'll Now Discuss At Length
- What's Behind The Attack On EU's Outdoor Photography? The Usual Copyright Maximalism And Anti-Americanism
- Supreme Court Won't Hear Oracle v. Google Case, Leaving APIs Copyrightable And Innovation At Risk