Spanish courts have ruled that sites that link to infringing content are not illegal, providing profits aren’t made directly from any infringement.
“P2P networks, as a mere transmission of data between Internet users, do not violate, in principle, any right protected by Intellectual Property Law,” said Raul N. García Orejudo, a judge in Barcelona. Although some activities are barred, those do not concern P2P he said, noting that there has to be a presumption of innocence.
“This is the first time a court clearly states that P2P itself does not violate any rights.”
On possible infringements of the Intellectual Property Act, the court said:
“Adding a work or video recording to Emule, that has previously been converted to a compatible computer file, is not an act of reproduction,” adding that “Copying is not a profitable use, or collective use [such as broadcasting in a store], as these two terms refer to the subsequent use made of the work once downloaded, after the copy.”