Title
Spanish court rules free music downloads are legal for own use | Technology | The Guardian
Description
A Spanish judge has dealt a blow to the global music industry after ruling that there is nothing illegal about downloading music for free from the internet as long as it is for personal use.
Keywords
News,Spain,Technology,World news,Technology
Referer Text
Spanish court rules free music downloads are legal for own use ...
Google Page Rank
Page Content in text format
Spanish court rules free music downloads are legal for own use |
World news |
The Guardian
Jump to content [s]
Jump to site navigation [0]
Jump to search [4]
Terms and conditions [8]
Sign in
Register
Text largersmaller
Search:
guardian.co.uk
World news
Web
Reader comments
News
Sport
Comment
Culture
Business
Money
Life & style
Travel
Environment
Blogs
Video
Jobs
A-Z
News
Worl d news
Spain
Spanish court rules free music downloads are legal for own use
Giles Tremlett in Madrid
guardian.co.uk, Friday November 3 2006 00.55 GMT
The Guardian,
Friday November 3 2006
A Spanish judge has dealt a blow to the global music industry after ruling that there is nothing illegal about downloading music for free from the internet as long as it is for personal use.The decision, the first of its kind in Europe, opens the way for Spain's estimated 16 million internet users to swap music through online sites. "This is extremely unusual," said a spokesman for the international recording industry body IFPI, as the judgment was announced yesterday.Judge Paz Aldecoa threw out a case against an unnamed 48-year-old man who offered and downloaded digital versions of music on the internet, according to Spanish press reports. He also sent selections of music recorded on CDs out to people in the post, prosecutors claimed.The judge ruled that, under Spanish law, a person who downloaded music for personal use could not be punished or branded a criminal. "That would imply criminalising socially admitted and widely practised behaviour where the aim is not to gain wealth illegally but to obtain private copies," she said in her judgment."If the purpose of the copy is not to gain wealth there is no way that it can be considered illegal," Victor Domíngo, head of Spanish internet user's association Internautas, told the Abc newspaper yesterday. "It would be a lot different if someone downloaded in order to sell on."But Antonio Guisasola, from Spain's Promusicae recording industry federation, said the judge had got it wrong. "We have already appealed against the decision," he said. "Peer-to-peer [P2P] sharing is not legal in Spain."Mr Guisasola, whose federation had backed a prosecution case that demanded a two-year prison sentence and €25,000 (£16,700) in fines and compensation, explained it had tried to prove the man was selling the music he sent out on CDs, rather than just distributing it for free.Even though it had failed to prove that he was selling, Mr Guisasola said his federation was still convinced "private use" was not a legal excuse for downloading music for free. "I have been with both the justice minister and the culture minister today and they are both quite clear that peer to peer is illegal," he said.This was even more clearly so in a case where music was being shared by more than one person, he said. "People should understand that we all have to respect people who create," justice minister Juan Fernando Lopéz Aguilar said yesterday. "These are people who have the right to control the use of their literary or artistic creations in all media."But the judge insisted Spain's intellectual property law protected people against being prosecuted if they could prove private use. Spain is drawing up a new law that is likely to strike out the existing right to "private copies" of material.The licensing of digital content has become a major issue for the entertainment industry. The Financial Times today reported that Google has been offering up to $100m to media companies including CBS, Viacom, Time Warner and News Corp to license their content to the video website YouTube, which it bought last month for $1.65bn. Analysts have warned that YouTube could be targeted by lawsuits for carrying copyrighted material.
Printable version
Send to a friend
Share
Clip
Contact us
larger |
smaller
Email
Close
Recipient's email address
Your name
Add a note (optional)
Your IP address will be logged
Share
Close
Digg
reddit
Google Bookmarks
Yahoo! My Web
del.icio.us
StumbleUpon
Newsvine
livejournal
Facebo ok
BlinkList
Contact us
Close
Report errors or inaccuracies: reader@guardian.co.uk
Letters for publication should be sent to: letters@guardian.co.uk
If you need help using the site: userhelp@guardian.co.uk
Call the main Guardian and Observer switchboard: +44 (0)20 7278 2332
Advertising guide
License/buy our content
World news
Spain
Technology
Business
Music industry
More news
Printable version
Send to a friend
Share
Clip
Contact us
Article history
Email
Close
Recipient's email address
Your name
Add a note (optional)
Your IP address will be logged
Share
Close
Digg
reddit
Google Bookmarks
Yahoo! My Web
del.icio.us
StumbleUpon
Newsvine
livejournal
Facebo ok
BlinkList
Contact us
Close
Report errors or inaccuracies: reader@guardian.co.uk
Letters for publication should be sent to: letters@guardian.co.uk
If you need help using the site: userhelp@guardian.co.uk
Call the main Guardian and Observer switchboard: +44 (0)20 7278 2332
Advertising guide
License/buy our content
About this article
Close
Spanish court rules free music downloads are legal for own use
This article appeared in the Guardian
on Friday November 03 2006 on p21 of the International news section. It was last updated at 00.55 on November 03 2006.
Most viewed on guardian.co.uk
24 hours
7 days
Most talked about
24 hours
1.
Jon Henley: The BNP next door
2.
Charlie Brooker's screen burn
3.
Rich countries launch great land grab to safeguard food supply
4.
US missiles striking terror into Pakistani militants
5.
US missile 'kills alleged transatlantic airline plot leader in Pakistan'
More top stories
7 days
1.
Hillary Clinton to accept Barack Obama's offer of secretary of state job
2.
Pirates anchor hijacked supertanker Sirius Star off Somalia coast
3.
BNP membership list posted online by former 'hardliner'
4.
Clinton to accept offer of secretary of state job
5.
Cycling: Lance Armstrong fears violent attack on Tour return
More top stories
Most talked about
{for blog_item in blogs}
${parseInt(blog_item_index) + 1}.
${blog_item.article.title}
(${blog_item.linkcount}{if blog_item_index == 0} technorati links{/if})
{/for}
Loading …
More
Today's rising blog posts from
Gadgets from the Guardian shop
High quality three-speed portable USB turntable
Transfer vinyl to digital plus a built-in speaker. Save £30 on RRP.
From: £89.95
Browse more technology products
Visit the Guardian offers shop
Free P&P at the Guardian bookshop
Edward Carpenter
£24.99 with free UK delivery
Henry
£25.00 with free UK delivery
Browse the bestseller lists
Buy books from the Guardian Bookshop
Sponsored features
UK
USA
UK
Corporate information Systems Manager
london south bank university.
london.
£46,810 - £53,625 PA.
BUSINESS ANALYST / BUSINESS SYSTEMS ANALYST / PROJ…
guru resourcing ltd.
brighton, east sussex.
£30-35K.
1st/2nd line IT helpdesk & desktop support ,London…
just i.t. ltd.
1st/2nd line it helpdesk & desktop support - londo….
£22000 - £24000 per annum + Excellent benefits.
Browse all jobs
USA
IT OPPORTUNITIES
--description--
it opportunities
it team
leader... supervision... it tech ii
full-time responsibilities include performing audix, network and telecom... .
fl.
Telecom Equipment Technicians..... Ready for change?
for you.
you're precision-oriented, intuitive and a stickler for doing it right. you have solid knowledge and understanding of new modems, fiber and ethernet... .
al.
Documentum Developer
of it professionals,
permanent recruiting and temp-to-hire. in addition, our industry expertise and knowledge within financial services, insurance, telecom... .
ct.
Browse all jobs
Related information
World news
Spain
Technology
Business
Music industry
The Hay festival in Segovia
Oct 2 2008:
The Hay festival offshoot in the Castilian town of Segovia is now in its third year. Have a look at some of its stars
More galleries
Dec 16 2007
Instant weekend ... Barcelona
Jun 28 2005
Zoe Williams: Jaw-jaw, not chore law
Nov 23 2004
BT-backed download service to take on iTunes
Jun 20 2004
John Naughton: Apple holds keys to music kingdom
Remembering the Madrid bombings
Oct 31 2007:
Ervigio Corral Torres, the deputy director of Madrid's emergency service unit, recalls the day when 191 people were killed and more than 1,800 were injured.
More video
License/buy our content |
Privacy policy |
Terms & conditions |
Advertising guide |
Accessibility |
A-Z index |
Inside guardian.co.uk blog |
About guardian.co.uk |
Join our dating site today
guardian.co.uk © Guardian News and Media Limited 2008
Go to:
guardian.co.uk home
UK news
World news
Comment is free blog
Newsblog
Sport blog
Arts & Entertainment blog
In pictures
Video
Archive search
Arts & entertainment
Books
Business
EducationGuardian.co.uk
En vironment
Film
Football
Jobs
Katine appeal
Life & style
MediaGuardian.co.uk
Money
Music
The Observer
Politics
Science
Shopping
SocietyGuardian.co.u k
Sport
Talk
Technology
Travel
Been there
Email services
Special reports
The Guardian
The Northerner
The Wrap
Advertising guide
Compare finance products
Crossword
Events / offers
Feedback
Garden centre
GNM Press Office
Graduate
Bookshop
Guardian Ecostore
Guardian Films
Headline service
Help / contacts
Information
Living our values
Newsroom
Notes & Queries
Reader Offers
Readers' editor
Soulmates dating
Style guide
Syndication services
Travel offers
TV listings
Weather
Web guides
Working for us
Guardian Weekly
Public
Learn
Guardian back issues
Observer back issues
Guardian Professional
Url
http://www.guardian.co.uk/technology/2006/nov/03/news.s pain
|
