And so the judge concluded that P2P networks are only transmitting data between users of the Internet itself then does not infringe the intellectual property laws. They would be “inventory” of files that are not protected, or they had their rights prescribed, and others are copyrighted but not members of the SGAE. The arguments, as noted, are quite distinct from the long sentence that granted an injunction in precisely the opposite sense in a region of Paraná. (More details at: http://www.conjur.com.br/2010-mar-17/juiz-espanhol-compartilhar-arquivo-trocar-fitas-cassetes2
By Fabiana Schiavon)
Judge Raúl García-Orejudo, Barcelona, believes that peer-to-per (P2P) are comparable to, years ago, the exchange tapes, as was the case until the 90th, and then configure simple exchange of files between individuals without the objective direct or indirect of profit. It was filed by the Sociedad General de auto y Editores (SGAE) v Jeush Calderon, the author of the site “El Rincón de Jesus”, which offers movies, music and posters for download. The defense by Calderón argued that the site is not intended to profit, and only provide access to links like eMule, the software that makes it possible for download through the P2P network type.
Comment:
The debate is intensified with the approach of adopting the new law on information technology with the creation and implementation of the National Culture Program and – in view of all this, the reform of the Copyright Law. In fact the arguments of the Spanish judge would not be contrary just because he says there is no harm to protected works. He does not seem to go against the Law. The problem is how he interprets the facts and so then it applies the law. Para ele não há sequer obras protegidas sendo violadas, ora porque não há mais direitos sobre elas (caíram no domínio público) ora porque as obras protegidas não são de titularidade de quem o autor da ação representa.  The rguments that could effectively oppose the brasilian decision (of Paraná) refers to the technical analysis on the “linkage”… if to link in a site that allows dowload creates a liability or not …
Angela Kretschmann

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