Spanish court revokes its decision to shut down P2P-related sites

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)
http://torrentfreak.com/p2p-sites-injunctions-overturned-anti-piracy-g...

Spain: the judges fining an anti-piracy group guided by SGAE. (only in Spanish, 25.11.2009)
http://www.onep2p.it/tag/juan-jose-carrasco-colonel/

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)
http://derecho-internet.org/node/497

Source: Euopean Digital Rights

Another Example of U.S. Censorship of Mainstream Media By Timothy V. Gatto « Dandelion Salad

Cynthia McKinney and 20 other humanitarians on the ship “Spirit of Humanity” were stopped in International waters Monday by the Israeli Navy. This is a pretty big deal. An aid ship captured by the armed forces of another country in International waters is an act of piracy…I think. At least it was when Somali pirates captured an American ship recently.

It appears that the U.S. Mainstream media is going to ignore this story even though Cynthia McKinney was once a Congresswoman from Georgia and a Presidential candidate. How odd. What does this say about the news we receive daily from the mainstream media. The New York Times Boasts “All the News that’s fit to Print”. Apparently this act of piracy and cowardly behavior isn’t fit to print. I condemn the New York Times for failing to print this news that they are fully aware of.

It isn’t just the NY Times that has chosen this path, almost all of the mainstream media has refused to broadcast this latest malfeasance of the government in Israel. It seems like anyone that gets their news from this censored mainstream media will never know about the heavy-handed way Israel treats those that try to stop the suffering in Gaza. Rep. Bob Inglis told me that he didn’t even know about this on Monday evening town hall meeting. That’s how successful our censored media is. If I were Congressman Inglis, I would start reading my news from the internet. I say shame on him and shame on our government for not bringing the plight of the ship “Spirit of Humanity” to the attention of the American public. It’s about time U.S. citizens got to see the ruthlessness of the Israeli government.

This isn’t the only example of American censorship. The Russo-Georgian War wasn’t reported as it really was. Georgia started the war and the media knew it. Why then did all the presidential candidates condemn “Russia’s Aggression”?

How long will American citizen’s allow the mainstream media to broadcast only what they want us to hear. If you don’t believe that American media is censored, try to find out why Cynthia McKinney is being held in an Israeli prison on the TV News or from a newspaper.

I don’t make this stuff up.

Thanks To: Another Example of U.S. Censorship of Mainstream Media By Timothy V. Gatto « Dandelion Salad

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