[Editor's note]

Through streaming technology, One website offers visitors Spanish, French and other languages 17000 Multiple electronic publications. Publications covered by the website, Converted to electronic version by citizens of Ukrainian nationality, And uploaded it to the website involved. The real question in this case is, Whether the act of Posting a link constitutes "Publication act" , The author must first give permission to publish a work? and, Whether the violation of an author's right to publish is serious enough to warrant criminal punishment? We looked down together!

[background]

Spanish press Association and Spanish Centre for the Protection of Reproduction rights, Opposite site www. youkioske. com To file criminal charges. The website provides electronic editions of periodicals and books, Visitors can use electronic devices or computers to browse and read online. Through streaming technology, The site is available to visitors in Spanish, French, English, Russian, Portuguese and other languages 17000 Multiple electronic publications. The website is hosted in Canada, Publications are stored on servers in the United States. The domain name is registered by a company domiciled in Belize, Actually run by a criminal suspect. Publications covered by the website, Converted to electronic version by citizens of Ukrainian nationality, And uploaded it to the website involved. Site by embedding banners (banner) Commercials and front spots (pre-roll) Advertising and other content profit. We got income from the suspect's frozen account 20 A deposit of around 10, 000 euros. Criminal activity from 2009 years 6 The month lasts until 2012 years 5 month, Until the suspect was arrested in a small town in the Madrid region, Criminal use of equipment is also seized. Spain's high court ruled that the defendant's actions constituted a crime (Case number: ECLI: ES: AN: 2015: 435) , The Supreme Court later upheld the decision (Case number: ECLI: ES: TS: 2015: 4574) . The defendants were convicted of intellectual property infringement and of setting up a criminal organization 3 Imprisonment for years, Punishment for several crimes, Sentenced to fixed-term imprisonment 6 years.

[discover]

The judgment analysed a number of procedures relating to criminal complaints, Including preliminary criminal investigations, The principle of no presumption of guilt and evidence evaluation. however, One of the most interesting aspects of the ruling was the substance of the case, Whether the act of Posting a link is constituted "Publication act" , The author must first give permission to publish a work? and, Whether the violation of an author's right to publish is serious enough to warrant criminal punishment? In the court's opinion, Due to "The act of creating a link to a protected work" To disseminate the contents of protected works, However, this communication has not obtained the permission of the owner of the right of the protected work, Therefore "Totally consistent with intellectual property crime" The behavioral requirements of. The Court refers to the Court of Justice of the European Union in 2014 years 2 month 13 Japanese pair Svensson Judgment of the case (Case number: C-466/12) , State that the defendant's conduct has been satisfied "republish" (new public) Elements of, This is because protected content was originally only available by purchasing a hard copy or subscribing to an authorized distribution platform.

[comment]

The case is in various jurisdictions (Civil affairs, Criminal and so on) Nekyun has sparked a lot of discussion. finally, Severe criminal punishment (Every criminal was sentenced 6 Year's imprisonment) judgment, Bringing an end to a case that has dragged on for years. No doubt, The decision of the Court in this case continues the decision of the European Court of Justice Svensson The principles established in the case. The verdict has implications for future vs "Link site" It makes sense to bring such a case. but, It is still necessary for the Spanish Supreme Court, through its criminal division, to affirm this principle, And provide clear guidance on potential impacts.

compile: Li Fangqian, The Esaberi intern proofreading: Liu Dan, Esabarry Legal Counsel source: Esabaril (ELZABURU) Intellectual property rights