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.