Feeds

Portugal’s prosecutor punts P2P case

Personal sharing legal

High performance access to file storage

Portugal has decided that personal P2P file-sharing is legal, and that an IP address isn’t sufficient evidence to launch actions against users, reports Exame Informatica.

APACOR, the Portuguese entertainment trade association, had launched a complaint against two thousand P2P users it accused of illegally sharing movies, the technology site reports (Google translation).

The tactic has now blown up in APACOR’s face, with prosecutors from the attorney general’s department deciding, after a year-long investigation, that the users had not committed any offence.

DIAP – the Department of Investigation and Penal Action – has decided that non-commercial file sharing isn’t illegal, even though P2P software continues to make a file available for sharing after the user has watched the movie or listened to the song.

The prosecutor also stated that copyright protection needs to take into account the “right to education, culture, and freedom of action” on the Internet, Exame Informatica reports.

DIAP also determined that an IP address, while identifying a subscriber, does not necessarily identify the individual responsible for a particular infringing download.

APACOR has stated its intention to launch local legal action to overturn the decision, and to take its case to the European Commission. According to TorrentFreak, the trade body’s head Nuno Pereira believes DIAP’s decision means it simply couldn’t be bothered pursuing so many actions: “I think the prosecutors just found a way to adapt the law to their interest – and their interest is not having to send 2,000 letters, hear 2,000 people and investigate 2,000 computers,” Pereira is quoted as saying. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
Reprieve for Weev: Court disowns AT&T hacker's conviction
Appeals court strikes down landmark sentence
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
prev story

Whitepapers

SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.