It seems that as is usually the case, the forces of law and order swayed by the Media rights mafia into action, have been doing so without legal authority.
http://torrentfreak.com/bittorrent-sites-step-closer-to-legality-in-spain-081104/In September a Spanish court decided that the eDonkey indexing site Sharemula operated legally, indicating that linking to copyright infringing material is permitted under the law. Now that decision has been reinforced as a court decides that a torrent site previously shutdown by the police, also operated legally.
In July 2007 we reported on the case of TodoTorrente.com, one of Spain’s largest BitTorrent sites. After a year long investigation by Spain’s Anti-Piracy Federation, an announcement was made by the Directorate of Police and Civil Guard - the site had been raided and closed by judicial order while the administrators arrested.
However, after an application was made to Magistrate’s Court No.3 in Orihuela, it has now issued an interim order of dismissal of the case against TodoTorrente. The court decided that the site or admins didn’t commit any crime “since the investigation showed that the website was limited to providing links to downloads and didn’t offer downloads directly.”
This is the sort of news hushed up by the Cartel and its affiliates like the BBC and the big US TV networks, undermining as it does their often repeated claims that anyone operating a site that indexs or links to content is a criminal, another victory for common sense, lets hope other national police forces take note that acting at the behest of the Copyright Cartel does not always mean their actions are legitimate or legal.
