File-Sharing For Personal Use Declared Legal In Portugal
New submitter M0j0_j0j0 writes "After receiving 2000 complaints regarding 'illegal file sharing' from ACAPOR regarding P2P networks, the Portuguese prosecutor refused to take the case into court on the premise that file sharing is not illegal in the territory if files are for personal and not commercial use. The court also stated that the complaints had, as sole evidence, the IP address of users, and that it is a wrong statement to assume an IP address is directly related to one individual. TorrentFreak has a piece in English with more details (original source in Portuguese)."
...among a lot of insanity...let's just see what German...err, the EU has to say about that.
Portuguese citizens need to be reminded that they're still under the jurisdiction of U.S. law, and WILL be extradited to the U.S. for breaking any IP laws!
What political party do you join when you don't like Bible-thumpers *or* hippies?
Someone better stop this sh*t before it spreads!... Common sense that is!
Where's the RIAA/MPAA/1% at with damage control?
Oh thats right, they are buttering up the EU and other large groups instead of small member or non-member nations...
If they suddenly went POOF, I wouldn't have a care in the world
I'm no legal expert, but doesn't that mean piracy is legal as long as you aren't charging for it? Awesome stuff.
Nice.
Portugal is also a very pretty country with lots of nature, and did I mention CHEAP housing with LOTS of land for pocket change? Plus low taxes, and even lower for the seniors.
Perfect retirement country, I may be heading there one day...who knows.
What this world is coming to - is for you and me to decide.
Anyone got a lead on good Portuguese proxy servers I can torrent through?
Want to help me set some up?
Silence is a state of mime.
And this is how it will remain until the bribe I mean the interest free financial bailout monies are forwarded. At which point the subject will be revisited.
Why Portugal May Be the Next Greece
Undetectable Steganography? Yep, there's an app fo
Enabling pirates since ~1577. Thanks!
http://en.wikipedia.org/wiki/Simon_Fernandez
Silence is a state of mime.
âoeWe are doing anything we can to alert the government to the very serious situation in the entertainment industryâ
I can't quite put my finger on it exactly, but for some reason that sentence made me LOL bigtime. Luckily no coffee was in my mouth at that moment, or I'd have ejected it explosively through several facial orifices.
"The agriculture ministry is not in charge of Gundam" - Japanese ministry official.
You just wait until various acronymous industry groups start blaming Portugal's "lax" IP laws on their financial problems. With entertainment revenue's bottom dropping out, as it does to an extent when people have little or no disposable income, we're bound to hear industry groups blaming it all on legalized file sharing. Sigh.
A successful API design takes a mixture of software design and pedagogy.
The result has been a decrease in drug use and all associated problems
I don't think you really drove the point home. What this literally means is that decriminalization of drugs results in:
- LESS crime
- LESS violence
- LESS injustice
- LESS corruption in government
In other words, decriminalization has the exact opposite result of what the government propaganda teaches us. That should immediately raise a red flag and cause a citizen to lose trust in government. The fact that drug use itself also goes down, rather than up, is just the icing on the cake. The reason drugs need to be decriminalized is not simply to lower drug use; it is for the much more critical reasons stated above.
This is a closely-guarded secret held under wraps by the US government, corporate-owned media, Big Pharma, and most especially the sickening for-profit prison corporations. You as a US citizen will NEVER hear about this on the news. Bill Maher should open every show talking about Portugal and compare it US prison statistics.
Portuguese with some legal background:
It has always been legal to own or acquire (download) unauthorized copies of most content. *
It's legal to make how many copies you want for your own use and to share with other people
within your "personal" sphere.
What is illegal is "making such content available to the public", emphasis on "public" as in
"general public".
What the A.G. clarified is that, in the particular case of BT and similar P2P protocols,
the act of seeding a file you are downloading, or did just download, enjoys the same treatment
as if you were downloading using a traditional protocol, i.e., benefits from the "personal use"
exception.
This does not mean you can happily run a public W4R3Z FTP server with impunity, but it does clarify
an important issue re: the law vs P2P downloads that had had no previous legal interpretation.
It has also brought about an interesting IP != person argument which will be interesting to follow up on,
in case of more serious offenses.
AC
* thanks to the lobbying efforts of the BSA-equivalent in the 90s, computer programs are dealt with differently
and enjoy no "personal use" rights.
Actually, there isn't any news here, only confusion, and file-sharing in Portugal is still illegal. This means you cannot share something that is copyrighted and of which you have no right to copy. But receiving the result of the copy is not illegal. This basically means that it's illegal to upload, but downloading is legal. Using BitTorrent for downloading copyrighted material of which you have no right to copy is also illegal because you're uploading when you're downloading.
Piracy = making money off of other people's works = bad
File sharing != Piracy
Thank goodness the portugese legal system understands that as most of the rest of the world (Including Slashdot) seems to think those things are one and the same.
I'd say the next Pirate Bay VPN located there will sure meet your description of a globally distributing film/music/software company based in Portugal. :)
..don't panic
From Wikipedia:
Just because Americans don't hear about foreign films doesn't mean they don't exist, or even thrive (like all other film industries, including the American one).
It will be interesting to check back a year from now and see if virtually no-one produces Portuguese language content at that time since you won't be able to sell enough to recoup the costs of making and marketing it. Maybe look at how many NY Times bestsellers are translated Portuguese today and how many are avaible a year or two from now. I know I wouldn't spend my time translating, only to sell one copy and have everyone else pirate it. Maybe it'll work out well, maybe not. Let's check back next year and see, shall we.