Last week a 22 year-old was sentenced to 6 months jail for running a file-sharing site carrying links to copyright works. On the surface it appeared that court ruled that due to placing advertising on the site, the admin had profited from infringement and therefore committed a crime, but all is not as it seems.
A week ago we reported that a Spanish Court 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.
InfoPSP didn’t host any illicit content itself but instead offered links to video games, movies and music hosted on 3rd party sites. In Spain, merely linking to copyright works is not illegal. InfoPSP carried advertising and it was widely reported in the Spanish media that this was the reason the admin, Adrián Gómez Llorente, aka Kuve, was found guilty and sentenced to fines and 6 months in jail.
However, in the murky world of copyright infringement, it’s no surprise to discover that all is not as it seems. In September 2008 we reported on the case of Sharemula, a site which offered eDonkey links to movies, music, software and games. Just like InfoPSP, Sharemula found itself the subject of legal action but eventually the admins were found not guilty, since they had not carried out copyright infringement for profit. Here’s the strange part though – Sharemula DID carry advertising, just like InfoPSP.[............]
http://torrentfreak.com/file-sharing-admin-convicted-for-crime-he-didnt-commit-090415/
Whole article is a bit verbose, but a scary read nonetheless. Yet another instance of judiciary ignorance.
