Down Goes Another One: Spanish Appeals Court Rules Against Movie Studio Lawsuit Against File Sharing Site
from the how-many-times? dept
These days it seems like we're hearing about these sorts of rulings every other week or so. Once again, in Spain, a court has made it clear that under the law, it does not make sense to blame a file sharing site for the actions of its users. The entertainment industry and its supporters keep trying to paint these rulings as meaning Spain has no respect for copyright law, but the details suggest something else entirely: Spain has tremendous respect for the rule of law and properly applying liability. The issue is not that Spain doesn't respect copyright laws, but that it properly recognizes that you don't blame the tool provider for the actions of its users -- something that the US courts haven't quite figured out yet.![Hide This Hide this](https://ii.techdirt.com/s/t/i/topclose.png)
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Filed Under: copyright, file sharing, spain
Reader Comments
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Tools causing harm
- In the US ... Sue the stove maker and anyone else you can blame.
- In Spain ... Don't touch the damned stove Idiot.
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Spanish people are morons (like everyone else, really), but not THAT stupid.
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basically, they are allowing the companies that profit from file sharing to say "soddi" and not making them point out which dude did it.
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The US is actually pretty inconsistent on this issue
Where the US falls down is that the plastic disc industries have had a fair bit of success in claiming that internet services should be held to a higher standard.
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Re: The US is actually pretty inconsistent on this issue
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Re: Re: The US is actually pretty inconsistent on this issue
They have magic wands.
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Re: The US is actually pretty inconsistent on this issue
however, when you start a site called "the pirate movie shop" and link almost exclusively pirated material, you have entered into a conspiracy to provide stolen content. it is a very different situation. the makers of the servers used to run the site arent liable, but those who misuse their products may be.
your logic is one of the many smoke and mirror tricks used by piracy advocates to attempt to mislead people by creating false or misleading analogies.
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i can just imagine you sitting there at your keyboard foaming at the mouth and looking like you are just about to go into a full blown seizure while shouting that out.
perhaps you may want to look into a decaf brand. there are some out there every bit as tasty as the real thing.
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It's like identifying TAM for being a troll. Sure, some of us my like that information, but we're not legally entitled to it.
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because suing everyone in sight sure isnt getting it done.
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Re: Re: Re: The US is actually pretty inconsistent on this issue
its a lever guarded by bears with lasers for eyes wearing canadian flag capes.
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Re: Re: The US is actually pretty inconsistent on this issue
it makes you look like an idiot.
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Re: Re: The US is actually pretty inconsistent on this issue
Hell, those responses would be more rational than arresting, say, the owners of The Pirate Bay. After all, they don't upload the torrents, the users do. That's like arresting Mike because of the link the AC above posted to a bunch of torrents on Google.
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So is a problem of higher civil rights not of lower copyright protection are you asking for the spaniards to lower their civil rights to help the copyright holders?
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So is easy if they want to have a chance in hell to prosecute by that line of thought the right holders should first of all stop collecting the about 0.75 Billion € a year from the spanish citizens they get with this levies.
Yeah sure stop getting a lot of money for a chance (not a sure thing) to close a link page, I don't think so.
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and
"YOU'RE ALL THE ASSHOLE!"
should be either
YOU'RE ALL THE ASSHOLES!
or
YOU'RE ALL ASSHOLES!
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Something to think about
It also seems that 3 strikes or graduated response in france will be found to be against EU law, long before ACTA gets signed.
In Britain I see the Digital Economy Bill (Act) being removed before ACTA get signed. Making it all but impossible for ACTA to be implemented in britain.
In Ireland I see the agreements to implement 3 strikes being ruled unlawful after it is challenged in the EU court system. For the same reason as France.
Basically its a good start for us. Horrible for the content owners. Personally I would have approached implementing this in a totally different way. They got the timing so fraking off, and were in such a rush to force these laws through, that they didnt plan or time things correctly.
All in all, I give it a Fail.
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The Anti-Mike waited. The lights above him blinked and sparked out of the air. There were Mikes in the internets. He didn't see them, but had expected them now for years. His warnings to Michial Thompson were not listenend to and now it was too late. Far too late for now, anyway.
TAM was a shill for fourteen years. When he was young he watched the RIAA and he said to dad "I want to be on the companies daddy."
Dad said "No! You will BE SHOUTED DOWN BY MIKES"
There was a time when he believed him. Then as he got oldered he stopped. But now in the internets site of the Techdirt he knew there were Mikes.
"This is Thompson" the radio crackered. "You must fight the Mikes!"
So TAM gotted his flaem keyboard and blew up the firewall.
"HE GOING TO FLAME US" said the readers
"I will shut him up" said the commenter and he fired the report button. TAM flamed at him and tried to shout him down. But then the connection fell and they were trapped and not able to flame.
"No! I must flame the asshole" he shouted
The internets said "No, TAM. You are the asshole"
And then TAM was a troll.
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Why would they want to move to Spain? While you're busy having your fit of irrationality (again) there are legitimate, legal torrents out there. So even at your extremes such search engines have a right to exist.
OK, maybe not. Some bit torrents are used to perform copyright infringement (not a criminal act, by the way therefore all bit torrents are used to perform copyright infringement even when used for legitimate purposes such as downloading Linux and BSD distros and THEREFORE all bit torrents must be eliminated from the intertubes and furthermore even if used legitimately for a clearly non criminal act anyone caught seeding or leaching a bit torrent should be jailed for life or subject to summary execution.
Have I got it right now?
Just wondering about the twisted logic here. Actually complete and total lack of logic, not to mention civil and criminal law.
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Re: Re: The US is actually pretty inconsistent on this issue
Copying is not theft. It's fun. It's how we learn.
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