A preliminary shut down decision against two P2P file-sharing link sites has been recently overturned by a Spanish court which also fined the anti-piracy group involved in the case.
Two eD2K file-sharing link sites known as Elitelmula and Etmusica were shut down by court order in April 2009 on the basis of an action of by anti-piracy group SGAE. Shortly after, Juan Jose Carrasco Colonel, who ran the two sites, received a visit from a lawyer and a computer expert of SGAE who, under false pretences of coming from the court with a warrant, entered his home and inspected his computers and hard drives to find proofs of music downloads through the two sites between September and December 2007.
The two lawyers of the sites succeeded in convincing the court that the hard drive evidence collected during the controversial raid was worthless and therefore the evidence was dismissed and both sites can now be reopened.
"The reason for reopening the websites is that a hyperlink, per se, does not violate intellectual property law," said Javier de la Cueva, one of the lawyers, who explained that the dismissal of the hard drive evidence was due to having proved that it was impossible for the site's users' sharing statistics to be stored in it.
He also pointed out that SGAE requested injunctions against Etmusic and Elitemula without summoning their client. "When this happens and injunctions are adopted, the defendant should have the opportunity of opposition, and this is what we have won," he said.
Furthermore, the court fined SGEA with 500 euros for bad faith ("mala fides") concluding the group had acted on the intention to avoid the right to a defence of the defendants and for having failed to tell the court that earlier criminal proceedings brought by Promusicae to achieve preliminary injunctions against both sites, had already been dismissed.
P2P Sites' Injunctions Overturned, Anti-Piracy Group Fined (24.11.2009)
Spain: the judges fining an anti-piracy group guided by SGAE. (only in Spanish, 25.11.2009)
The Judge orders the reopening of the two p2p sites and fines SGAE for mala fides in its request for closing down (only in Spanish, 22.11.2009)