File sharing and piracy

three articles recently, two showing the opposite approaches that can be adopted by courts and one the absurdity of trying to get rid of the file sharing via the ISPs

ISP Tries To Charge Users To Block File Sharing… Ends Up Installing Malware That Exposes Private Info (TechDirt 14 June 2010)


Dutch Court Says Just Publishing Links To A Movie Is Illegal And Must Be Blocked (TechDirt, 04 Jun 2010)


compared to

Yet Another Spanish Court Finds File Sharing Site Legal; Compares File Sharing To Book Lending (TechDirt, 08 June 2010) – the source in English language is Torrent Freak which has a link in Spanish to the interview given by the Lawyer Carlos Sanchez Almeida to Publico.es (04 June 2010) – research in Spanish gives access to the text of the judgment available on what seems to be the website of Almeida’s law firm. http://www.bufetalmeida.com/602/caso-cvcdgo-pagina-de-enlaces-la-audiencia-provincial-de-madrid-confirma-el-auto-de-archivo.html The Google translation is not bad at all and confirms the translation made. It also reveals more clearly than my now poor understanding of Spanish could grasp. The Judges have referred to various cases, acknowledging that the law is not settled on this issue. Yet, for them

“since ancient times has been the loan or sale of books, movies, music and more. The difference now is primarily on the medium used was previously the paper or analog and now everything is digital format which allows an exchange much faster and higher quality and also a global reach through the Internet. And this exchange takes place in the network through file-sharing systems “P2P (or peer network) where there are no fixed clients and servers have a global reach as any Internet user can connect to your computer and share files that are divided, in turn, a large number of parties.

To use file sharing programs (Emule, etc.) Running the link or link to the document that is on the website so that the user’s computer connects to a computer but not many who have various stages of This same document being shared among many users at once without anyone perceived why any financial reward.”

In most English newspapers/blogs, the first part is quoted. Yet I find the second paragraph equally interesting: it is saying that file sharing is not about holding the copyrights of the book and making money on it. It is just like a village market place providing the platform for users to exchange.




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About Audrey Guinchard

Senior Lecturer @ University of Essex (UK)
This entry was posted in Countries - France, Countries - UK, Offences - Piracy, Providers as law enforcement agents, Providers' liability. Bookmark the permalink.

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