Spain Recognizes That Deep Linking To Infringing Content Is Not Infringing

from the a-good-ruling dept

While other countries are still going back and forth on whether or not just linking to infringing content should be seen as infringing as well, an appeals court in Spain has upheld a lower court ruling that merely linking to infringing content is not infringing itself. This makes a lot of sense, as putting up links to content controlled by others should never be seen as a crime, especially when the linking party might not have any idea whether or not the linked content is infringing, and when that content could potentially change. Either way, this is a good ruling for various torrent tracker sites, since all they are doing is linking to content, rather than hosting any themselves.
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Filed Under: copyright, deep linking, infringement, liability, spain


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  1. identicon
    ChimpBush McHitlerBurton, 23 Sep 2008 @ 9:49am

    Ok, Enough Already

    This whole dialogue is getting stupid.

    When will you copyright whores get it straight?: You can't stop people from linking to content you don't like. Period.

    I can stand on the street all day and tell people that around the corner, there is a guy selling fake Rolex watches. As long as I don't know him, or share in the profit he's making (which is already a bad analogy, because last I checked, torrent uploaders aren't making a dime...), I have committed no crime, and can't be charged with anything. Just because this is happening on the InterWebs makes no difference.

    So, to put this in perspective, let's just turn the table a little bit, and hopefully you will see the error in your thinking:

    I have a new idea for the torrent tracking sites: Instead of marketing yourself as a site for end-users to find downloads that they want, change your marketing to a model which emphasizes helping *copyright owners* find infringing content, by way of torrent tracking.

    TorrentWhistleBlower.com strikes me as a possibility.

    WAIT! Shouldn't the whistleblower be taken down because he's assisting end-users in finding infringing content? NO! He's helping copyright owners find "pirates" (I fucking hate that term, it's not piracy you fools)

    But aren't these two scenarios basically the same thing?

    Yes, but you were the one who was trying to stop it. NOW do you see how dumb you are?...No? Still think you have an argument? - well, I tried.

    CBMHB

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