P2P doesn’t violate rights: judge
p2pnet news view Freedom | P2P:- Spanish copyright society SGAE tried to close down ElRincondeJesus.com which has links to media files for download via eD2K, says Digital Media Wire.
“This is the first time a court clearly states that P2P itself does not violate any rights,” it has lawyer Carlos Almeida-Sanchez telling El Mundo.
“P2P networks, as a mere transmission of data between Internet users, do not violate, in principle, any right protected by Intellectual Property Law,” it ruled judge Raul N. García Orejudo, says the story, adding:
“It’s possible that the site may eventually be found to have violated copyrights, but the judge … denied SGAE’s motion to have ElRincondeJesus.com shut down immediately before the matter is heard at trial.”
Recently, Sociedad General de Autores y Editores (Spanish General Society of Authors and Editors, aka SGAE), suspected that the owners of a restaurant near Seville hadn’t paid royalties for the music they were using for a wedding reception, said Times Online,
The society was fined for “breaching the intimacy” of the couple at the wedding reception. The incident came to light, “because the SGAE has stepped up its drive against venues it suspects of trying to avoid paying royalties,” says the story, adding:
“The SGAE allegedly used the same tactics against another venue hosting a wedding, in a case that is about to reach court. When the society prosecuted the Salón de Bodas, in El Vizir de Espartinas, Seville, it claimed that the video had been taken by one of the guests.”
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
Digital Media Wire – Spanish Court Denies Motion to Shutter P2P Link Site, July 8, 2009
hadn’t paid royalties – Spanish rights group busts wedding, December 18, 2008
Times Online – Secret wedding video ruling is music to ears of privacy groups, December 15, 2008
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July 9th, 2009 at 8:46 am
To fix SAGE the best thing to do is to NOT play ANYTHING in their repertoire. There is enough music out there so your search early!
My fiancee and I are using music I wrote and music her former guitar teacher wrote, none of which is covered by SOCAN. Our venue will be made clear of that and given a contact number should SOCAN try to collect. If they do, they will be met with a law suit for attempting to extort money for licensing material they do not have the rights to.
Contrary to groups like SAGE and SOCAN and ASCAP etc… they do NOT own the rights to all performed music or published music!
Back to the first half of the article… I love how the judge covers his backside with “It’s possible that the site may eventually be found to have violated copyrights… ” possible and may are his fallback in case the bribery, I mean evidence magically leads to copyWRONG violation for operators of a p2p network.
July 9th, 2009 at 10:54 am
people = data
car = p2p app
road = internet
It doesn’t take a rocket scientist to figure out such simple logic. A car can have both legal and illegal uses. Should all cars therefore be banned if they are sometimes used for the latter? Glad to see there is at least one judge out there with some plain old common sense.