Posted in Music & Music Players on June 12th, 2010 by admin
In another blow to the Spanish music industry, a court in Madrid dismissed a landmark filesharing case. Egeda, an audiovisual collection society, brought the case in conjunction with Columbia Tristar, against website cvcdgo.com. The site doesn’t host shared content on its website directly, but links to other sites that host torrents and files. Inevitably the sharing website does not have permission to post this shared content.
The court’s opposition to the case was mainly in respect of the p2p content was stored on multiple computers around the world. This lack of direct responsibility on behalf of cvcdgo.com was the deciding factor.
Also playing a role in the dismissal was the lack of financial interest that the site had in the torrents. This despite the fact that the site contains advertising to raise money.
US and UK courts are increasingly moving towards the view that sites linking to content that infringes copyright are themselves culpable, and this move in the opposite direction by the Spanish courts is interesting.
Everyone has different views on this subject, and it needs a global concord to be truly effective: UK and American filesharing companies could quickly move to Spain to get around any restrictions. Don’t expect filesharing to stop anytime soon.