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P2P exempted in Spain




By Sébastien ODDOS member of a.d.c.i. - Date : 2010-06-09 - Country : ESPAGNE - Subject : Litigations - IP Field : Information Technology


 In a recent decision, judges at Madrid provincial court - Maria Riera Ocariz, Eduardo Jesus Gutierrez Gomez, and Francisco Cucala Campillo - closed a five-year P2P case by arguing that file sharing was comparable to the "loan or sale of books," and therefore no offence had been committed.

The case against the file-sharing site CVCDGO.com (which claimed 11 million visits in 2005) began five years ago when Spanish police raided a house in Madrid, dismantled the site and arrested four people. The court found that since the site did not host the actual copyright files and generated no profit directly from any infringements of copyright, the presence of advertising on the site did not [...]

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