Private File-Sharing In Spain Approved By Judge
A judge ruled in Spanish Court that file-sharing is permissible for private and personal use. Judge Paz Aldecoa of the No. 3 Penal Court of Santander dismissed a case against an unnamed male defendant who had been accused of sharing music online. Aldecoa noted that the defendant was merely engaging in a “widely practiced” and “socially accepted” behavior without profit interests in mind. The decision, issued late last week, drew quick responses from Spanish industry trade group Promusicae, as well as global label organization IFPI.
Judge Aldecoa focused on monetary angle instead of copyright infringement, ” there was no talk of money or any other compensation beyond the sharing of material available among various users.” And thus, “no offense meriting penal sanction has been committed.”
The state prosecutor’s office and two music distribution associations had sought a two-year sentence against the 40-year-old man, whose identity the court asked not to be revealed.
Promusicae, an entity representing the Spanish music industry said in a statement that it would appeal judge Aldecoa’s ruling.