By Jan Libbenga for The Register.
This story has been reproduced with permission.
Judge Paz Aldecoa of No. 3 Penal Court ruled that under Spanish law
a person who downloads music for personal use can not be punished
or branded a criminal. He called it "a practised behaviour where
the aim is not to gain wealth but to obtain private copies".
The ruling sent shockwaves through the music industry as the
decision allows Spain's 16 million internet users to swap music
without being punished. Spanish recording industry federation
Promusicae says it will appeal against the decision.
The state prosecutor's office and two music distribution
associations had sought a two year sentence against the man, who
downloaded songs and then allegedly offered them on a CD through
email and chat rooms. However, there was no direct proof he made
money from selling the CDs.
Justice Minister Juan Fernando Lopéz Aguilar says Spain is
drafting a new law to abolish the existing right to private copies
of material.
Due to different regulatory regimes in Europe, the proceedings
against file sharers differ greatly in each country. However, most
European judges tend to take a harder stance on file sharing.
Twenty two people in Finland were fined €427,000 last week for
illegally sharing movies, music, games and software, while courts
in Sweden also fined two men who had downloaded movies and music
for personal use.
Over 100 students at Växjö University, southern Sweden, have
been banned from using the institution's network in the past two
years because they downloaded copyrighted material without
permission in their apartments on the university campus.
© The Register
2006
