A Spanish Court on Friday had denied copyright group Sociedad General de Autores y Editores’ (SGAE) motion to shut down ElRincondeJesus.com for sharing various media files using eDonkey network, otherwise known as eDonkey2000 network (eD2k).
In an interview, Lawyer Carlos Almeida-Sanchez said that Judge Raul N. García Orejudo’s decision was the first time that a court, with regards to peer-to-peer file-sharing, clearly states that no violation has been committed.
“P2P, based on the merits of the case, does not violate any rights. And the court clearly states that in its decision,” Sanchez stressed.
Sanchez, citing the judge’s decision, said that P2P and other file-sharing sites of its kind works as a mere transmission of information and data between different users online.
“It does not violate, in any principle or what so ever, Intellectual Property Laws that is currently being questioned,” said Sanchez quoting Judge Orejudo.
SGAE, a society of composers, publishers, and songwriters in Spain have filed the motion to stop the illegal operation of ElRincondeJesus.com.
The society cited in their argument the illegal use of their music in events such as weddings without paying the right royalty for the music.
In an instance, SGAE pointed that a restaurant owner, who played a music copyrighted to the group, did not pay the royalties for the song when he used it as a background for a wedding reception.
On the other hand, the judge ordered SGAE to pay the fine for “breaching the intimacy” of the newly weds.
Reports told that the society has “wedding crashed” into the couple’s wedding venue as part of its drive against those who do not pay royalties.
Another report also told the SGAE also broke in to one of the wedding venues called Salón de Bodas, in El Vizir de Espartinas in Seville. A video footage was taken by a guest.