– A Spanish court has upheld its previous finding that a site aggregating links
to downloads on file-sharing networks does not infringe copyrights,
The judge in the case previously rejected Spanish
copyright society SGAE’s petition to shutter ElRincondeJesus.com as an
injunction before the trial started.
Judge Raul N. GarcÃa Orejudo ruled that
providing links is not the same as distribution of media, and noted that the
site does not derive direct or indirect profits — and is therefore not a
However, the judge went even further, and commented directly on the
legality of file-sharing by individuals.
"P2P networks are mere conduits
for the transmission of data between Internet users, and on this basis they do
not infringe rights protected by Intellectual Property laws," Orejudo said
in the ruling.
"Therefore, if an individual uses P2P networks like eDonkey
or BitTorrent to obtain copyright material for non-profit reasons, the act is
(DMW previous coverage)