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WinMX World :: Forum  |  Discussion  |  WinMx World News  |  File-Sharing Site Admin Sentenced to 6 Months Jail
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Author Topic: File-Sharing Site Admin Sentenced to 6 Months Jail  (Read 686 times)

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Offline DaBees-Knees

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File-Sharing Site Admin Sentenced to 6 Months Jail
« on: April 12, 2009, 09:59:10 am »
http://torrentfreak.com/file-sharing-site-admin-sentenced-to-6-months-jail-090411/

Quote
A 22 year old man who ran a site which offered links to copyright works has been fined and sentenced to 6 months jail in Spain. While non-commercial file-sharing sites are legal in Spain, the judge decided that because the site had advertising and therefore profited from copyright infringement, this constituted a criminal offense. Back in September 2008 we reported on the case of Sharemula, a site which offered eDonkey links to movies, music, software and games. Like many file-sharing sites, Sharemula found itself the subject of legal action but eventually the Provincial Court of Madrid ruled that the entertainment industry had no case against the site since it has broken no laws. The court ruled that neither the site nor administrators had operated illegally by offering links to copyright works, since they had not done so for profit or commercial gain. Yesterday, Spanish Criminal Court No.1 made its decision in the case of file-sharing site infopsp.com. According to the complainants - Spanish Association of Publishers and Distributors Entertainment Software (ADESE) and the Spanish Videographic Union (UVE) - the site, which had around 17,300 members, operated illegally. The site didn’t host any illicit content itself but instead offered links to video games, movies and music hosted on 3rd party sites. Under Spanish law, so far so good. However, in order to stay legal in Spain, the site needed to demonstrate it was not profiting from copyright infringement - this is where it all fell apart. The court heard that the site carried advertising from Impresiones Web, Google Adsense, Canalmail and Correodirect and also gained revenue via premium SMS. According to the court, this turned the site from a legal entity into one profiting from copyright infringement - a criminal offense. The judge handed 22 year-old site administrator Adrián Gómez Llorente a total fine of 4,900 euros ($6,500) which includes compensation for the complainants. Llorente was also sentenced to 6 months jail but it’s unlikely he will serve this since he doesn’t have an existing criminal record. It is believed that this is the first conviction of its type in Spain. Neither party intend to appeal. ADESE President Alberto Gonzalez Lorca said of the decision, “This ruling is a very important precedent for the videogame industry which is at the forefront of creating jobs and wealth even in a financial crisis, but is helpless against a problem as serious as piracy.” The big question now is how a court would view donations given to torrent sites. We’ve already seen the police in the UK call voluntary donations “subscriptions” in the OiNK case. Time will tell how a Spanish court will view them.

Does this mean that I will have to give back all the thousands that WinMx World never paid me ??????  :lol:


Offline Trestor

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Re: File-Sharing Site Admin Sentenced to 6 Months Jail
« Reply #1 on: April 12, 2009, 01:24:21 pm »
The cartel and all it's parasitic spin-offs and subsidiaries should be bundled off to Somalia; if they are so against piracy they should do well there.

Google is an entity that provides links to copyrighted material, and it accepts advertising payments; is the cartel going to sue them, too?





Offline White Stripes

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Re: File-Sharing Site Admin Sentenced to 6 Months Jail
« Reply #2 on: April 12, 2009, 03:52:38 pm »
Quote
Google is an entity that provides links to copyrighted material, and it accepts advertising payments; is the cartel going to sue them, too?

googles lawyers are too scary for them or they would ;)

so they go after dead ppl, kids and others who cant put up a fight instead...

Offline Forested665

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Re: File-Sharing Site Admin Sentenced to 6 Months Jail
« Reply #3 on: April 12, 2009, 07:34:22 pm »
I have to ask this.
The stuff Nine inch nails gives out for free is still copyrighted. can you get sued for redistributing it, and even making money from it because you have advertisements on your site?
BSD -  The Daemons Are No Longer Just Inside My Head.

Offline Cobra

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Re: File-Sharing Site Admin Sentenced to 6 Months Jail
« Reply #4 on: April 13, 2009, 12:01:25 am »
Quote from: bacon665
The stuff Nine inch nails gives out for free is still copyrighted. can you get sued for redistributing it, and even making money from it because you have advertisements on your site?
I'm sure that they would find some reasoning to do so regardless.
Downloading is an addiction I do not want to give up.

WinMX World :: Forum  |  Discussion  |  WinMx World News  |  File-Sharing Site Admin Sentenced to 6 Months Jail
 

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