Spanish judge says 'Si' to file-sharing - bit-tech.net Forums

WilHarris · 3rd Nov 2006, 17:10

http://www.bit-tech.net/news/2006/11..._file_sharing/

specofdust · 3rd Nov 2006, 17:12

So they have legalised weed, the best food in europe, and legal downloading of music, not to mention hot chicks and great weather. Someone remind me why I'm still in Scotland?

ElThomsono · 3rd Nov 2006, 17:15

Quote:

Originally Posted by specofdust

Someone remind me why I'm still in Scotland?

Irn-Bru

He seems to have justified it quite fairly, personal use is a victemless crime.

specofdust · 3rd Nov 2006, 17:16

Quote:

Originally Posted by ElThomsono

Irn-Bru

He seems to have justified it quite fairly, personal use is a victemless crime.

Ah there we go. Don't feel quite so bad now.

Think many record industry execs who want some new mercs would disagree that personal use is a victimless crime, they'd argue that by taking it for free and not paying them money they are the victims.

edit: Topquoting but:

Quote:

Because Spain is full of all the fake-gold-necklace-bearing 50year old lorry drivers and their overtanned wives?

Just the south m'laddo, the north is still quite pristine and free of old uglies who refuse to speak the lingo.

<A88> · 3rd Nov 2006, 17:16

Quote:

Originally Posted by specofdust

So they have legalised weed, the best food in europe, and legal downloading of music, not to mention hot chicks and great weather. Someone remind me why I'm still in Scotland?

Because Spain is full of all the fake-gold-necklace-bearing 50year old lorry drivers and their overtanned wives?

<A88>

DXR_13KE · 3rd Nov 2006, 18:19

the judge is right.

Lazarus Dark · 3rd Nov 2006, 18:32

meh, I think we should refocus on changing copyright laws. 20 years. that is plenty of time for anyone to make money off of theyre creation. and then it should be free to distribute.

I helped construct a pool several years ago. it still brings enjoyment to the family that lives there. should I continue to ask them for money years after my work is complete, my costs have been recuperated, and I have made a decent profit? I understand that music movies and such are different which is why I would give them 20 years but after that they are just being greedy.

Evenge · 3rd Nov 2006, 18:53

Bueno! perfecto!

orb · 3rd Nov 2006, 19:03

Quote:

Originally Posted by specofdust

Ah there we go. Don't feel quite so bad now.

Think many record industry execs who want some new mercs would disagree that personal use is a victimless crime, they'd argue that by taking it for free and not paying them money they are the victims.

edit: Topquoting but:

Just the south m'laddo, the north is still quite pristine and free of old uglies who refuse to speak the lingo.

Actually wrong, the north is full of ugly old ladies and over tanned wives

FredsFriend · 3rd Nov 2006, 19:13

Is it just me that thinks that if the Spanish ministers bring in the law that they planned then that seems like a perfect situation?
* It's fair to both parties
* You don't have to get tracks full of DRM
* You don't have to rip your DVD's to put them on other media
* It still tells the track mongers that we aren't prepared to put up with the low quality high restriction rubbish that they are currently pushing.
* It makes it nearly impossible for the RIAA/MPAA and Spanish equivalents to sue random people without actually spending money to find out who the copyright infringer's are (Do they wear eye patches? no? then they aren't pirates)

overdosedelusion · 3rd Nov 2006, 19:19

Quote:

Originally Posted by specofdust

So they have legalised weed, the best food in europe, and legal downloading of music, not to mention hot chicks and great weather. Someone remind me why I'm still in Scotland?

This is why

jamex · 3rd Nov 2006, 19:53

Wild Latins!

I agree with that judge.

Tyinsar · 3rd Nov 2006, 20:24

Anyone want to speculate how long before someone tries to push them out of the WTO (like they want to keep Russia out until they kill AllOfMP3)?

Quote:

Originally Posted by overdosedelusion

This is why

"image not found"

soultaker1974 · 3rd Nov 2006, 20:31

Excellente!!!
I hope here at mexico say the same!!

saeghwin · 3rd Nov 2006, 21:34

Technically, "Si" means if.

Stwongbad · 3rd Nov 2006, 22:02

hurray!

now if i lived in spain..

Warrior_Rocker · 3rd Nov 2006, 23:39

Reminds me of that epidsode of southpark.

Werent there reports made that during the spring up of napster that the recording industry was making more money because their music was reaching a wider audience and thus people still purchased the music in the store?

DRM is killing media, lets arrest DRM. After all murder is a crime in most places.

Cthippo · 3rd Nov 2006, 23:49

Quote:

Originally Posted by The Article

Immediately after the ruling, Spanish ministers confirmed that they would be introducing a piece of legislation to outlaw the downloading of music not 'owned'

Anyone who lives in Spain, here is your opportunity. Write/call/email your elected officials and tell them this is BS. Politicians want to get re-elected and if you make enough noise you can stop this. It's not often that we can do somthing personally about the DRM wars, but this is your time.

Iago · 4th Nov 2006, 13:18

Glad to live here!!

This is no surprise frankly. Although this is the first time there's an actual sentence, the Civil Code and the Law of Intellectual Property specifically state that as long as there is a non-profit intention in the exchange of intellectual property, it's not prosecutable. Beware though...it doesn't mean it's legal...only not prosecutable and not a crime.

The problem here is that this is still a grey area. Fortunately, the judges in Spain traditionally are reluctant to put too much weight in regulations that go against the common uses and practices of society, at least, while laws leave some room for interpretation in their hands of said judges. And fortunately too, we have several strong pro-consumer organizations (OCU), a few very vocal internet users associations (AI - Asociación de Internautas at www.internautas.org, in caes somebody speaks spanish) and a very unpopular RIAA-equivalent (SGAE). And more important, everybody and his dog knows and uses eMule clients on a daily basis

In addition, there is a semi-official canon everybody has to pay on blank media, hard drives, DVD recorders etc. wich is given to the SGAE to account for the loss of revenue they *may* be suffering due to private recordings and file-sharing. This canon is quite high...for example, it accounts for the 60% of the price of blank DVDs (note: if you can prove that said DVDs are being used for personal recordings like private photos or Open Source software you can actually get that 60% back, but it's an arduous process...most people don't bother so the SGAE gets much more money than they should be entitled to). Despite many people opposing this canon, I'm actually in favour of it. I can share to my hearts content, knowing that what I'm doing is fully legal and that I'm actually paying for the media I get.

What scares me though, is that the socialist (PSOE) party seems to be much more pro-SGAE than the conservatives (PP) used to be. PSOE traditionally has enjoyed a huge support on musicians and film-makers, due to the amount of subventions they get from them .It's quite disgusting actually...about 80% of the films produced here would be financially inviable of not for those subventions...you wouldn't guess the amount of crap they produce just to get their financial help. And the PSOE loves it that way, as they get a strong and very vocal support from them. As such, I can see them pledging to the SGAE theories and banning file-sharing.

But meanwhile, my PC is on 24/7 with eMule happily donwloading Prison Break first season and my music collection grows by the gigabytes

Fophillips · 4th Nov 2006, 16:30

Doesn't matter what the law is in Spain, you do what you like.

3rd Nov 2006, 17:10	#1
WilHarris Just another nobody Join Date: Jun 2001 Location: Oxford Posts: 2,671	Spanish judge says 'Si' to file-sharing http://www.bit-tech.net/news/2006/11..._file_sharing/

3rd Nov 2006, 17:12	#2
specofdust Banned Join Date: Feb 2005 Location: Aberdeen, UK, EU Posts: 7,617	So they have legalised weed, the best food in europe, and legal downloading of music, not to mention hot chicks and great weather. Someone remind me why I'm still in Scotland? __________________ Like marmite, only no-one hates it Mmm bop!

3rd Nov 2006, 18:19	#6
DXR_13KE Madeira's banana is the best!!! Join Date: Sep 2005 Location: Madeira ; Portugal Posts: 6,476	the judge is right. __________________ *Renegade X - 0.40 Release!* <---- CLICK!

3rd Nov 2006, 18:32	#7
Lazarus Dark Supermodder Join Date: Apr 2006 Location: US Memphis, TN Posts: 292	meh, I think we should refocus on changing copyright laws. 20 years. that is plenty of time for anyone to make money off of theyre creation. and then it should be free to distribute. I helped construct a pool several years ago. it still brings enjoyment to the family that lives there. should I continue to ask them for money years after my work is complete, my costs have been recuperated, and I have made a decent profit? I understand that music movies and such are different which is why I would give them 20 years but after that they are just being greedy. __________________ My gun kata is greater than your kung fu.

3rd Nov 2006, 18:53	#8
Evenge Supermodder Join Date: Sep 2006 Posts: 384	Bueno! perfecto! __________________ We are human. After all.

3rd Nov 2006, 19:13	#10
FredsFriend Supermodder Join Date: Jul 2005 Location: Peadobrough Posts: 485	Is it just me that thinks that if the Spanish ministers bring in the law that they planned then that seems like a perfect situation? * It's fair to both parties * You don't have to get tracks full of DRM * You don't have to rip your DVD's to put them on other media * It still tells the track mongers that we aren't prepared to put up with the low quality high restriction rubbish that they are currently pushing. * It makes it nearly impossible for the RIAA/MPAA and Spanish equivalents to sue random people without actually spending money to find out who the copyright infringer's are (Do they wear eye patches? no? then they aren't pirates) __________________ BOO

3rd Nov 2006, 19:53	#12
jamex What's a Dremel? Join Date: Mar 2004 Location: USA Posts: 4	Wild Latins! I agree with that judge.

3rd Nov 2006, 20:31	#14
soultaker1974 What's a Dremel? Join Date: Aug 2006 Posts: 8	Excellente!!! I hope here at mexico say the same!!

3rd Nov 2006, 21:34	#15
saeghwin Multimodder Join Date: Mar 2006 Location: US Posts: 87	Technically, "Si" means if. __________________ ExpirationDate.info - Forums for dramatic conclusions. Life, philosophy, games, lucid dreaming, music, etc.

3rd Nov 2006, 22:02	#16
Stwongbad Supermodder Join Date: Jun 2006 Location: West Hills, California Posts: 536	hurray! now if i lived in spain.. __________________ Snap! Crackle! Stwongbad!

3rd Nov 2006, 23:39	#17
Warrior_Rocker Holder of the sacred iron Join Date: Jun 2005 Location: Tallahassee, FL Posts: 923	Reminds me of that epidsode of southpark. Werent there reports made that during the spring up of napster that the recording industry was making more money because their music was reaching a wider audience and thus people still purchased the music in the store? DRM is killing media, lets arrest DRM. After all murder is a crime in most places. __________________ ..:: Recent Projects ::.. Picture Frame PC / Adding VGA to lcd / Razr Charge Cable Internal USB WiFi / Zune TV Output / Project XodusAMP Integrated AC Inverter / Project IDEpod / Project iPod HDD Reader

4th Nov 2006, 13:18	#19
Iago Multimodder Join Date: Oct 2005 Location: Madrid Posts: 202	Glad to live here!! This is no surprise frankly. Although this is the first time there's an actual sentence, the Civil Code and the Law of Intellectual Property specifically state that as long as there is a non-profit intention in the exchange of intellectual property, it's not prosecutable. Beware though...it doesn't mean it's legal...only not prosecutable and not a crime. The problem here is that this is still a grey area. Fortunately, the judges in Spain traditionally are reluctant to put too much weight in regulations that go against the common uses and practices of society, at least, while laws leave some room for interpretation in their hands of said judges. And fortunately too, we have several strong pro-consumer organizations (OCU), a few very vocal internet users associations (AI - Asociación de Internautas at www.internautas.org, in caes somebody speaks spanish) and a very unpopular RIAA-equivalent (SGAE). And more important, everybody and his dog knows and uses eMule clients on a daily basis In addition, there is a semi-official canon everybody has to pay on blank media, hard drives, DVD recorders etc. wich is given to the SGAE to account for the loss of revenue they may be suffering due to private recordings and file-sharing. This canon is quite high...for example, it accounts for the 60% of the price of blank DVDs (note: if you can prove that said DVDs are being used for personal recordings like private photos or Open Source software you can actually get that 60% back, but it's an arduous process...most people don't bother so the SGAE gets much more money than they should be entitled to). Despite many people opposing this canon, I'm actually in favour of it. I can share to my hearts content, knowing that what I'm doing is fully legal and that I'm actually paying for the media I get. What scares me though, is that the socialist (PSOE) party seems to be much more pro-SGAE than the conservatives (PP) used to be. PSOE traditionally has enjoyed a huge support on musicians and film-makers, due to the amount of subventions they get from them .It's quite disgusting actually...about 80% of the films produced here would be financially inviable of not for those subventions...you wouldn't guess the amount of crap they produce just to get their financial help. And the PSOE loves it that way, as they get a strong and very vocal support from them. As such, I can see them pledging to the SGAE theories and banning file-sharing. But meanwhile, my PC is on 24/7 with eMule happily donwloading Prison Break first season and my music collection grows by the gigabytes __________________ May the forces of evil become confused on the way to your house.

4th Nov 2006, 16:30	#20
Fophillips Hypermodder Join Date: Oct 2006 Location: Great Britain Posts: 942	Doesn't matter what the law is in Spain, you do what you like. __________________ Pokécode: 1547 3492 6063