Peer-to-Peer Technology Outlawed

Spanish Congress has passed an intellectual property law that bans unauthorized peer-to-peer file-sharing, deeming all downloads via p2p networks as civil offenses. The decision comes just months after another governmental decision allowed sharing if the downloads were subject only to personal use. Members of the BitTorrent community caught red handed will face fines and will be obligated to reimburse copyright holders for the financial damages.

Furthermore, the new legislation drastically amputates the freedoms of local ISPs. All Internet services providers found facilitating unauthorized downloads will face criminal charges. Another aspect of the law refers to a new tax imposed on all forms of blank media from CDs to DVDs and to memory sticks, in general all forms of media used for copying and sharing of pirated materials. The owners of the copyright product will be the sole beneficiaries of all the money collected through this tax.

"Compared to some European countries, Spain has some way to go in enforcement," said Duncan Hudson, the MPA's Brussels-based VP and director of operations for antipiracy. "But the new intellectual property law is a definite step forward, placing obligations for instance on ISPs to provide information. Hopefully, it will help us to get some injunctions," he added.