Spain Recognizes That Deep Linking To Infringing Content Is Not Infringing

from the a-good-ruling dept

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.

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  1. identicon
    Spanish user, 23 Sep 2008 @ 8:16am

    Some context on all this

    I woudl like to give some more contex on all this.

    One of the reasons why deep linking in Spain is not considered a crime is because downloading/offering of copywrited materials (movies, music...)is legal as long is not done for profit.

    This is a key point and this discussion. It doesn't matter what the law in US or UK says but in Spain you can fully pack your hardrives with copywritted materials and share it whit the rest of the country without commiting a crime.

    Regards

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