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Spanish judge rules that P2P networks by themselves do not violate copyright

P2P link sharing is legal in Spain

A Spanish court has refused to issue a court injunction ordering a P2P website to be taken offline, ruling that the website itself does not violate copyright law.

According to the Barcelona Reporter, the ruling refers to a link site called elrincondejesus.com, which was sued nearly a year ago by the Spanish music industry group the Sociedad General de Autores y Editores (SGAE) for copyright infringement.

The presiding judge ruled that linking to potentially copyrighted content did not constitute a violation and was not the same as actual distribution. Not only did he declare the site to be legal, but reiterated Spanish law that states that file sharing is legal as long as neither party sees any monetary gain – whether by direct transaction or third party advertising revenue.

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