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Copyright cops arrogant about the law

by on14 May 2009

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We can do what we like


Spanish copyright
cops SGAE are so arrogant about the law that they believe that they can shut down a site without a judge having to hear the plaintiff's defence.

In a shock snub to the judicial process, and the rights of anyone to a fair trial in a democratic country, the SGAE took legal action in order to close down Agujero.com which offers links to copyrighted music hosted elsewhere.

Lawyers for the SGAE said it was not necessary for the court to hear the site's defence. We guess it is because in its view the site were pirates who did not do what it told them. SGAE told the court that Augujero's continued operation was so serious that it required an immediate injunction to close it down. In fact, it further insisted that the urgency of the case meant that it was not even necessary for the court to hear the defendant's side of the story. Fortunately the court said "hang on a minute you are not Judge Dredd, democracy means everyone has the right to fair trial."

It is surprising that the SGAE would try such a stunt.  The Spanish Courts have kicked out claims against similar sites, declaring them to be entirely legal. Agujero.com, a site which amongst other things offers links to files found on various P2P networks, has got a very good defence.  It was the same one that shafted SGAE lawyers when it was used against them by the lawyers for P2P site Sharemula.

The question is why did SGAE not only ignore its previous lack of success but also assume that a court would agree to set aside hundreds of years of judicial practice. It might be that the they are hoping that if they get enough cases into the court system the public might think that there is something illegal about P2P. Or simply that they believe their own press releases that all P2P activities are being carried out by pirates.
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