Section 28 of the Provincial court of Madrid, specialized in matters relating to intellectual property, has condemned the administrator of the page of P2P Sharemula to indemnify Promusicae and the major record companies in spain with 2.3 million euros by the public communication, without authorization by the rights holders, of hundreds of thousands of songs protected, according to Europe Press.
Sharemula was a web of exchange of files between individuals reared in one of the most popular platforms in Spain to find music to download that was closed in may 2011. This ruling, against which there is only an appeal before the Civil Chamber of the Supreme Court, rectifies two previous resolutions, in criminal proceedings and in the first instance civil, who had been acquittals for the web.
Calculation inflation compensation
In the text it is clarified that the compensation has been established on the basis of a report that “quantifies the lost profits for the aforementioned companies, not to be sold to its price on the market online albums, as if all those who downloaded music through P2P networks were going to buy it if you do not have available through these systems.
“Will certainly use secondary sources that are accredited and economic assumptions reasonable and do not result from any misleading. So, we fixed the number of daily, monthly, and yearly users in the first place, to subsequently calculate the number of users who download music on the basis of an economic hypothesis is reasonable,” adds the statement.
In this way, we fixed the total number of downloads in the period from January 2009 to march 2011 –resulting in 429.626 downloads–, which is multiplied by the average profit accruing to the companies for the online sale of an album. The resulting price estimated in the report amounts to 5,48 € per album.
The doctrine of the case Svennsonn
In addition to Promusicae, as an organisation that represents the vast majority of music producers Spanish, were a particular way as plaintiffs, the subsidiaries in spain, Sony Music, Emi, Universal and Warner, in addition to WEA International.
The Judgment applies the case law of the Court of Justice of the European Union that was launched in the year 2014 with the case Svennsson and according to which linking to copyright-protected content amounts to an act of communication to the public must be authorized by right holders if directed to a new public, a circumstance which had been denied in the resolutions they had solved this issue until now.
At the beginning of 2016, the office of the Prosecutor issued a circular to adopt this doctrine, that difference between different types of links to content that is protected by copyright. Thus, would not require authorisation of those persons who hold those rights if you link to works freely available on the internet, as this same news, or to protected content, but through links that do not circumvent such protection, as may for example be one that directs to a song on Spotify. On the other hand, would be indictable links that will let you obtain works without authorization from copyright holders, for example, P2P networks or webs of downloads, or links to works available on the internet with restrictions that bypass those protections.