Spanish Court throws out illegal file sharing case

A Spanish court has closed a five year case on a file sharing site comparing the acts as the same as the “loan or sale of books”, reports Torrentfreak.

The case follows a five year battle after Spanish police raided a house, dismantled the popular file sharing site and arrested four people.  The case, which had been dragging on ever since, has now closed following the decision of three judges who said that no offence had been committed.

In their ruling, judges Ocariz, Gutierrez and Campillo said: “Since ancient times there has been the loan or sale of books, movies, music and more. The difference now is mainly on the medium used – previously it was paper or analogue media and now everything is in a digital format which allows a much faster exchange of a higher quality and also with global reach through the Internet.”

They said 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 constitute a crime.

The decision has angered audiovisual rights collecting society EGEDA and Columbia Tristar, who alerted police to the site in 2005 claiming that the site was allowing users to download films on P2P networks including those that had not yet even been released.

However there’s not much that they can do as the decision cannot be appealed.