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P2P and P2P Links Ruled Legal In Spain

Nieriko writes After three years of arduous litigation, Jesus Guerra Calderon, owner of both a small bar and the P2P link webpage 'elrincondejesus.com' has beaten the SGAE (something like the Spanish version of the RIAA). The historic ruling states not only the legality of link webpages, but also the legality of P2P file-sharing networks. Quoting the judge: 'P2P Networks as mere data transmision networks between individual internet users, do not breach any rights protected by the Intellectual Property Law.' Downloading a file (from a P2P network) for private use is perfectly legal as long as there is no lucrative or collective use of the downloaded copy."

7 of 265 comments (clear)

  1. Re:Be careful what you wish for by Anarki2004 · · Score: 4, Insightful

    I think that a system built on this principal can work in theory, but it requires individuals to be responsible for their actions and probably a rewriting of copyright law. As far as I'm concerned the major corporate media can crash and burn.

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  2. Re:Be careful what you wish for by timmarhy · · Score: 5, Insightful
    copyright isn't an inalienable right, the community is the one providing the protection to copyright holder, and they can dictate the rules as they see fit.

    I hardly think digital transmission of data destroys anything.

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  3. Re:Be careful what you wish for by MrNaz · · Score: 5, Insightful

    I think in Spain they realized just how much the corporate superstructure of the media industry contributes to civilized society: Nothing.

    Art and entertainment have value. Paying suits huge amounts to "monetize" art is not only inefficient from the point of view of the economy as a whole (although it is lucrative to them) but undermines the art itself. These people actually end up eliminating the incentive for artists to practice art for art's sake, and replace it with a "make art that sells" incentive. The result is that we get art that does nothing more than appeals to populism, from artists who are only concerned with that agenda.

    Exploration of niche areas of morality and challenging flaws in the social order are not serving to that agenda. Thus, we won't get art in the vein of James Joyce's writing, or Mozart's composition, or Shakespeare's plays. Instead, we get the trash that is modern music and cinema.

    Thank you Spain, for moving to destroy the stranglehold that corporate interests have on the artistic output of society. Next on the agenda: kill all the fucking lawyers.

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    I hate printers.
  4. Re:Be careful what you wish for by Xest · · Score: 4, Insightful

    I wish you were right, but check Article 27.2 of the Universal Declaration of Human Rights. You'll find that copyright, or at least something that offers that same basic principles is in fact a fundamental right. Where copyright does stray is in things like transfer of ownership- that's not covered as a fundamental right.

    Now, I really have to agree I'm not sure this is something that should sit alongside things like the right to privacy, the right to fair trial and so forth, but unfortunately, as the Universal Declaration of Human Rights is currently written, it does.

    The real debate is in determining how far above and beyond the basic rights granted by the declaration go if at all. I would say that right now, copyright strays well too far above and beyond those rights granted in the declaration.

  5. Re:Be careful what you wish for by GMThomas · · Score: 4, Insightful

    Do you really think it is the corrupting power of dollar signs in their eyes that prevents them from taking even a little bit of time away from frantically making as much trash as they can and make some genuine masterpieces? Does it occur to you that this is completely ridiculous?

    How is this ridiculous at all? Society continuously beats into our head that money is equal to success, and success is the only thing worth striving for in life. What kind of musician wouldn't want to be famous, rich, and have a huge following of fans? The kinds that are greedy and want all of this badly ARE the ones that rise to the top. They are shoddy musicians next to some of the deep underground ones, and they are so popular BECAUSE of their drive for money.

    even though the artists themselves will end up being worse off, not to mention that most people will be deprived of the 'trash' that they actually like?

    Britney Spears, Snoop Dogg, and Miley Cyrus wont be obscenely rich. Cry me a river. Meanwhile, bands that care more about artistic integrity might find themselves with more fans, or maybe not, either way, I'm sure they don't mind (being one of them myself). And when it all collapses people will just sell their iPods and everything because there is no longer any music out there that they would like, which is incredibly far from the truth.

    and the great era of plenty

    Quality over quantity. That's all I have to say. Who cares about the sheer amount of it when it is completely bereft of quality?

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    You are now manually breathing.
  6. Re:In Hungary, too by Anonymous Coward · · Score: 5, Insightful

    It's quite simple, really. Some artists and corporations feel they should not be bound by that part of the copyright law stating that after a limited time the copyrights return to the public. This is motivated by limitless greed. The public response has been to renege on their end of the agreement, and copy freely. In other words, greed begets greed. Monkey see, monkey do.
     
     

  7. Re:Be careful what you wish for by selven · · Score: 4, Insightful

    Are you suggesting basic rights are something that exists independently of social acceptance?

    Yes. That's kind of the whole point of modern theory regarding these matters. Under your system, the Chinese government has the right to censor information and arrest and execute random people, the Iranian government has the right to brutally put down protests and every other evil regime would be justified because that's just how things work over there.

    Do you really think laws define morality? Every day I hear people casually talking about the latest movie they pirated and joking about what trouble they would be in if the government found out how much they lied on their customs forms. And nobody reports on people who do this. If you went around talking about how you steal chocolate bars, you would be shunned from society pretty quickly. There is a massive disconnect between what is legal and what is right, and sometimes breaking the law is the only right thing to do.

    This brings me to my whole point: these papers are descriptive, not prescriptive. They try, but often fail, to keep up even with what the socially acceptable view on morality is. Having sex with minors isn't wrong because the law says so, the law says so because it's wrong.