The recording industry can not collect data from users of file sharing networks peer to peer (P2P) without your express consent. You said that the Spanish Data Protection Agency and later the National Court. But if there was any doubt (and Promusicae had them), the Supreme Court has failed in this regard to definitively settle the matter.
After the Supreme Court, which dismissed the appeal brought by Promusicae ( Music Producers in Spain) against a judgment of the High Court 2011, the music industry has run out of legal arguments to collect data from users of P2P sharing networks without the knowledge of these. That is what I wanted.
All courts have agree that IP addresses are personal data and are subject to the protection of the Organic Law on Data Protection (LOPD), because they contain information relating to individuals “identified or identifiable”.
Promusicae, “a collection of failed wars”
In the same vein jurists have expressed asked about it. “It was unthinkable that it was legal to deliver the IP addresses of the Internet to a private entity.’s Right to privacy in our legal system is paramount, and above the right to intellectual property,” said the lawyer about Carlos Sánchez Almeida.
The music industry had contracted with the company for sweeping Software DtecNet networks share files and locate the Internet that unloaded with order to report them for violating the Copyright Act.
“All open Promusicae- wars have failed. Both in Spain and in Europe. An example is the long lawsuit Pablo Soto, who ultimately came to nothing . Upon that judgment has been shown that the strategy of the record of attacking the Internet has failed. Which let music in the hands of the musicians. “
In the same line said Jaime lawyer Antequera. “Try to wear something that is a sharing culture among citizens to repressive legal grounds no sense Yes it would create alternatives as they have already made other companies such as Spotify or Filmin and have easy access to culture to the citizens “.
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