p2pnet.net News:- Downloading music isn’t illegal in Spain if it’s not done to make money, a Spanish judge has ruled in a decision certain to raise storms of outrage from various ‘trade’ groups operated by Warner Music, EMI, Sony BMG and Vivendi Universal, the members of the Big Four Organized Music cartel.
Prosecutors were demanding a two year prison sentence and a â¬ 7,200 (about $9,192) for a 48-year-old man they’d accused of downloading and sharing music online, says Typically Spanish.
But, in the first ruling of its kind in Europe, “The judge considered that article 31 of the Intellectual Property Law in Spain established the right of the public to obtain copies of music without permission of the author, provided they were for private use and no profit was made,” says the story.
“Judge Paz Aldecoa threw out a case against an unnamed 48-year-old man who offered and downloaded digital versions of music on the internet, according to Spanish press reports,” says Guardian Unlimited.
“He also sent selections of music recorded on CDs out to people in the post, prosecutors claimed.”
Under Spanish law, a person who downloaded music for personal use couldn’t be punished or branded a criminal, says the story, going on:
“That would imply criminalising socially admitted and widely practised behaviour where the aim is not to gain wealth illegally but to obtain private copies,” Aldecoa said in her judgment.
But the judge had got it wrong, Guardian Unlimited has Antonio Guisasola, from Spain’s Promusicae recording industry federation.
“We have already appealed against the decision,” he said. “Peer-to-peer [P2P] sharing is not legal in Spain.”
Guisasola said his federation was still convinced “private use” wasn’t a, “legal excuse for downloading music for free, adding:
“I have been with both the justice minister and the culture minister today and they are both quite clear that peer to peer is illegal.”
Typically Spanish – Judge says sharing music over the Internet is not a crime in Spain, November 2, 2006
Guardian Unlimited – Spanish court rules free music downloads are legal for own use, November 3, 2006