Question about Spain

[Personal Color]

I do not see Spain talked about much in this discussion board. Well, I have heard that linking is completely legal in Spain, and that there have been some court cases confirming this. Well, I do not know much about Spain, so I cannot be completely sure of this. Do you people know anything about Spain, and whether or not it is legal to link?

Personal Color Reviewed by Personal Color on 31st Jul 2009. Question about Spain I do not see Spain talked about much in this discussion board. Well, I have heard that linking is completely legal in Spain, and that there have been some court cases confirming this. Well, I do not know much about Spain, so I cannot be completely sure of this. Do you people know anything about Spain, and whether or not it is legal to link? Rating: 5

[DJ Norix]

Ultima should be able to give you some info about this

+

Read @ TorrentFreak.com the articles related to Spain's p2p court cases ... so far the anti-piracy groups ,,epicly failed"

[S?nic]

As far as I know spain doesn't care about warez.

[Mr Happy]

Problem is the European Courts take preference over Spanish courts so where you might succed in a Spanish Court you will undoubtedly fail in a European one if it's appealed. If the Pirate Bay case failed it could have being appealed to European Court.

[Azo]

European Court can judge you only by laws that apply in your country. European Union doesn't have common copyright law.

Yes, there were cases in Spain against both warez linking sites and torrent trackers. Copyright freaks failed.

[Mr Happy]

European Court can judge you only by laws that apply in your country. European Union doesn't have common copyright law.

I think it does.

right of reproduction for authors, performers, producers of phonograms and films and broadcasting organisations (Art. 7, D. 92/100/EEC, replaced by Art. 2, D. 2001/29/EC: also Art. 14 TRIPS, Arts. 7 & 11 WPPT);

right of distribution for authors (Art. 4, D. 2001/29/EC) and for performers, producers of phonograms and films and broadcasting organisations (Art. 9, D. 92/100/EEC: also Art. 10 TRIPS, Art. 6 WCT and Arts. 8 & 12 WPPT);

I don't know but nobody's going to apeal to a European Court unless you have a huge forum.

[Azo]

Then how can you explain that I can download music/movies for personal use completely legally, but in the UK it's illegal?

Also I'm pretty sure that if Spanish copyright freaks saw any change in winning on European Court, they'd go there. They have money, they have time. But do they have a chance?

EDIT: What I found about your common law is:
Austria, Denmark, Germany, Italy, Greece, Ireland and the UK have implemented the Directive to date.

[Mr Happy]

Then how can you explain that I can download music/movies for personal use completely legally, but in the UK it's illegal?

The bold words above are reproduction and distribution but nothing to do with downloading for personal use as long as you don't copy it and distribute (upload it). Maybe Europe doesn't have laws on downloading for personal use. I'm not sure but I know UK have extra strong copyright laws which is why it may be illegal.

Sorry to the original poster if we're going a bit off topic but we are trying to help and give advice.

EDIT IN RESPONCE TO YOUR EDIT:
Common law is the law existing in a particular country. It dates back to commons which were large grazing areas owned by trides, towns and kings I think. That's were the term common law is from. Nothing to do with implementing anything from Europe or ''Common'' Countries. They are existing copyright laws already in the countries you mentioned covered by Common law. The other european countries cover copyright under Civil Law. Their totally different way's of implementing law which makes everything so confusing.
European Law is another type of law higher again above Common and Civil law which is what I was refering to.

[d3monic]

Warez allowed in spain if no money is made off of the copyright infringements

[Personal Color]

What if it is a forum that is very big, but not really about warez, but with the chance that someone may have posted some link to warez somewhere in some discussion, what do you think are the chances they would sue? If they do, what are the chances they would appeal to the European Court?