TorrentFreak

The place where breaking news, BitTorrent and copyright collide

Spanish RIAA Sues Blogging Professor for Defamation

Spanish music group Promusicae has sued Enrique Dans, professor at the IE Business School and a well-known blogger, after he claimed that the group is a copyright monopoly that violates antitrust laws. In addition to a public apology, the Spanish version of the RIAA is demanding 20,000 euros in damages. The professor, however, is prepared to fight the case until the bitter end and says he’s protected by the right to freedom of expression.

censored blog Last summer, professor Enrique Dans wrote a blog post about the powerful copyright lobby in Spain.

One of his arguments is that Promusicae, the well-known recording industry outfit, is violating antitrust laws. The group has set up a digital system to send music to radio stations for airplay, which the professor says is unfair since non-member companies and independent artists can’t join.

The music group was not happy with this accusation and has filed a lawsuit against the IE Business School professor, claiming that he defamed the group and threatened their honor.

Through the lawsuit Promusicae demands 20,000 euros in damages and a public apology. They claim that the accusations are false and state that “some of the information supplied on the website is false and violates the honor and good name of the group.”

The professor, on the other hand, says his claim was well researched and that he consulted experts in competition law before he wrote it up. And even if that’s not the case, Dans believes he has the right to make such claims in an open and free society.

“In short, what I said in the article was my opinion, protected by the right to freedom of expression and, as I documented it properly and professionally, the right to freedom of information.”

” I stand by my opinion,” he writes in a new blog post. “Of course it may be debatable, but even if it were not well founded and I was wrong, I can not think how it can be an attack against the honor of a society such as Promusicae.”

Dans says the music group is only out to censor critics like himself.

“The reality? Promusicae are using the ‘honor’ argument to restrict the right to freedom of expression and information. After many years of direct confrontations and repeatedly being humiliated in numerous public forums, now they want to shut me up through a lawsuit.”

“They do not want to be mentioned or talked about,” Dans writes.

The irony of the situation is that the lawsuit is having completely the opposite effect. The news has been widely covered in the Spanish media over the past 24-hours and it’s being shared in English too.

A classic example of the Streisand Effect.

Dans is now taking the opportunity to ask small labels and artists to help him prove his point. So instead of hiding the accusations through a lawsuit, Promusicae has made itself more vulnerable than before.

Related Posts

Previous Post | Next Post

  • Anyone

    hopefully after they lose there will be an antitrust lawsuit filed against them

    • Destroyer

      “he defamed the group and threatened their honor.”

      This kind of people have nothing to be defamed and have no honor to be threaten.

      I am speaking only for myself her but enough is enough. I think they should all be killed.

      The only thing I will debate is if we should do them first or the bankers.

      Sue me!

      • Guest

        Now thanks to the law suit everyone know that the Spanish music group Promusicae is a copyright monopoly that violates antitrust laws with a new payola scheme.

        Good Job idiots!

  • RIAA

    Good job Spanish RIAA.

    • French RIAA

      Oui, oui! Très bon!

      • P?????? RIAA

        ??! ??????? ????? ????????? ???.

        • OSA

          Skv?lá práce, soudruzi!
          (Great work, comrades!)

      • Le French Grammar Nazi

        *Trés bien

        • french grammar resistance

          naaa…. it’s…. tray beon

        • http://profile.yahoo.com/37LQIRRKCTEM6275Q3ZJLUWTAE Jane

          @RIAA my best friend’s ṡiṡter brought in $14392 past month. she iṡ getting paid on the computer and got a $546OOO home. All she did was get lucky and make use of the inṡtructions shown on this webṡite..MakeCash2.com

  • godlike

    “some of the information supplied on the website is false and violates the honor and good name of the group.”

    The whatz?

    • Anonymous

      It’s a translation, relax. Not every country uses the same legal terms. “Honor” is probably just reputation.

    • MadAsASnake

      Roughly translated, I think they are saying “1/2 the lies on the website aren’t true” :)

    • http://pulse.yahoo.com/_PFCI5VRUCYT6AVBT3P6ILV3COI Ophelia Millais

      Yeah, what are they, Klingons?

  • The guy

    Oh wow, any RIAA will sue anybody just for having an opinion.

    • RIAA

      your next

      • stuff

        you’re*

        • The guy

          Thank you grammar police. :)

  • Anonymous

    as per usual, if politicians had been more concerned with doing what they were elected to do instead of being bought off by industries and corporations, allowing them to do what they wanted, laws would already be in place that prevented this sort of shit from happening!

  • Pingback: Spanish RIAA Sues Blogging Professor for Defamation | Zombie Torrents - Ultimate Torrents Downloads

  • Desu75

    Suing a blogger and giving him publicity and giving his message credibility. How stupid can they be?

    • merethan

      First thing that crossed my mind on seeing the article title: Streisand effect.

  • English

    English … http://translate.google.com/translate?sl=auto&tl=en&js=n&prev=_t&hl=en&ie=UTF-8&layout=2&eotf=1&u=http%3A%2F%2Fwww.enriquedans.com%2F2011%2F07%2Fsiete-motivos-por-los-que-el-caso-sgae-es-mucho-mas-que-la-propia-sgae.html&act=url

    Point Sixth
    “… because many of the participants in the murky web of intellectual property in Spain are acting completely inappropriate, in violation of competition laws or practices reasonably required of any company. Promusicae, for example, openly violated antitrust laws by creating a system RitmoNet, resulting in an environment where only the labels belonging to the association may in fact have arrived at a promotion channel as important as the radio … and not just nothing happens, but the government knows it, covers and to partially fund it.”

    http://www.ritmonet.net/

    • Josh C

      The fact that it is a publicly funded (even if it’s only partially so) service makes this even worst

  • Truth

    I always think “Streisand effect” when I read things like this.

    My inner monologue goes something like this “You told the truth about us, we want money because you lied, in telling the truth. Even if we don’t win the lawsuit, we want to mess up your life so much that the next time this happens the next person will never tell the truth about us again, maybe, we hope – we are not evil, stop judging us. That is for our buddy’s job, the law to do. Anyone want a bribe ? Look, if we don’t spend all the bribe money this quarter, we will get less money next quarter”

    • Brainwashed

      How dare you speak like that in public. You violate the honour and good name of the group. You should be in jail in whichever country you’re at and then extradited to Spain and get jailed again.
      Criminal.

      • http://profiles.google.com/zerianis10 Christopher Kidwell

        Hilarious…. and what the RIAA is probably thinking.

      • Acting Head of FBI

        Yea very much agreed. We shall send in our swat team, tanks and helicopters for this assault. Let no one escape, grandmother, woman and children alike etc… take them away! Those who defy my order shall be shoot onsite.

  • Anonymous

    Promusicae (much like the SGAE) are the goddarn plague here in Spain. However, we bite back. Hard. And so far, we’ve rarely ever lost.

  • Anonymous

    lol, you got to be kidding me dude, for real?
    Anon-Works.tk

  • Pingback: March | Pearltrees

  • DannyUfonek

    As TPB always says: “Thanks for the free advertising…”

  • Pingback: Spanish RIAA Sues Blogging Professor for Defamation | Best Seedbox

  • Pingback: Promusicae me denuncia por infracción a su honor » El Blog de Enrique Dans

  • O2 and porn company

    O2 and porn company in court battle over user details

    http://www.bbc.co.uk/newsbeat/17525349

  • John Space

    It took them 9 months to read the blog post and to take the decision? I knew that their brains worked slowly, but…

    • Cyke1

      yea its been what 12 years and they still have yet to embrace the internet and digital distro model.

    • Guest

      Yes, because these music industry executives are dinosaurs.

      Their brains is very small and their body is very fat and big so it’s take a very long time for the information to go from the sensors to the brain and back.

      Plus their brain is moslty fried by the frequent use of drugs and sometime information get lost a little bit and get a while to find it’s way.

      May be now it will take them 2 years to realize that they are fucked with their lawsuit or may be they will die before it’s happen.

      Who knows?

  • noko

    But is it really defamation if it’s true?

    • FinalApokylypse

      Dictionary.com’s definition.
      “The act of defaming; false or unjustified injury of the good reputation of another, as by slander or libel; calumny: She sued the magazine for defamation of character. ”

      So as we can see here that his claims would have to be proven false, the reasoning behind his points must be unjust and best of all the Promusicae must have a good reputation beforehand.

      • The guy

        @noko, to simplify FinalApokylypse’s reply, no it’s not defamation if it’s true.

        As quoted from the definition mentioned, the bloggers info would have to be false for it to be tarnishing the reputation, but the company attempts to claim defamatory charges in a desperate attempt to keep away the heat from the public.

      • Guest

        “Promusicae must have a good reputation beforehand.”

        LOL!

        Good luck with that for promiscuity!

  • Guest

    I was going to post a link to Streisand effect!

  • http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

    It sounds like he is pretty close to the truth and hit a raw nerve hence trying to shut him up in court.

    Im assuming that spanish defamation laws are similar to the UK in that it is one of the few instances where the burden of proof is reversed.

    ie The plaintiff in the case does not have to prove the defendants claims as false (in many cases it would require proving an impossible negative). In defamation cases the defendant is basically told to put up or shut up in that he is the one that has to show his statements to be true in fact or a personal opinion.

    From what Ive seen of such cases in the past, were the defendant not so close to the truth, the plaintiff would be happy to publish his response to the claim with anyone carrying the original claim requested to carry their response (of with established media they would request a response prior to publication)

    Commonly refered to as balanced reporting. Obviously this shower dont like to hear the truth and realise the truth damages their cause.

    • Anonymous

      You are right: Burden of proof is reversed.

      However, the blog reflects PERSONAL OPINION as stated in the “About this blog” section.

      “En el blog te encontrarás ideas y juicios personales…” In this blog you will find ideas and PERSONAL JUDGEMENTS… (judgements here used as opinion).

      Thusly, it doesn’t matter whether the statements are false (which they are not, as the “offending” blog post is amply documented) because they state PERSONAL judgements. He’s not publishing news, his blog is PERSONAL and is further described in the “About” page as a “personal diary” of sorts, as an insight the “story of his life” and what goes on in his head.

      This will get nowhere blazingly fast and Promusicae are going to succeed in ruining their own reputation (and positively increasing Enrique’s) by virtue of their own lawyer-paying euros.

      I feel bad for Dans having to go through this shit. However, he will be lauded as a copyleft paladin, and a successful one at that.

      • MadAsASnake

        Burden of proof is not reversed. Promusicae will have to proof damages to thier good name. They would have to have one to do that. While Personal Opinion cannot be false, there are limits to personal judgment but I would suggest that Dans is well within them – he has after all provided quite a lot of fact-based evidence to support his opinion.

        • Anonymous

          I am from Spain and burden of proof is indeed reversed: Enrique Dans will have to prove what he says is true.

          Or not. Since it’s personal opinion. The Judge will probably be like “What the fuck are you guys here for” and dismiss the whole thing.

  • Lazycash1DOTcom

    my best friend’s ex-wife made $19574 last month. she is getting paid on the computer and got a $395200 house. All she did was get blessed and use the instructions made clear on this link >>>> LazyCash1.com

  • Pingback: === popurls.com === popular today

  • Pingback: La RIAA demanda a profesor español por difamación | Tecnocápsulas

  • Pingback: Free and thinking» Blogg-arkiv » Religion och upphovsrätt – upphovsrätt ÄR religion IDG.se - Störst på IT, dagliga IT-nyheter, tester, forum, guider och nyhetsbrev mm

  • tonyj

    WTF!!

    “the ‘honor’ argument??!!”

    Are back to Medieval Times.

    • Anonymous

      The “honor” as in “reputation”. In spanish, both are almost interchangeable.

  • PRIVACY is priceless to me

    And the fucking inbred degenerated fascist king?
    I’ll trust spaniards when they’ll kill their royal family too.

    • Anonymous

      Spaniards mostly hold the king dear and dread his entire fucking family of leeches. The king has indeed done great things for us (such as restoring democracy after a dictator appointed him supreme ruler), but his family has done absolutely nothing of value for our country and just leech us dry.

  • Pingback: Promusicae y SLAPP » El Blog de Enrique Dans

  • Pingback: Spanish professor sued over a blog post on competition law « Chillin'Competition

  • Anon

    Is it just me who reads their name as “Promiscuous”?

  • Pingback: MakinMo's Tech Blog

  • Pingback: Promusicae y SLAPP | Blog PeruW

  • Pingback: Spanish RIAA Sues Blogging Professor for Defamation | Emmashare

  • Anonymous

    As we activist say in Spain: “They are a few, cowards and stupids” the guys of the copyright lobby of course :)

  • physalis

    These guys(the lobby) are retarded!

  • Pingback: Promusicae y SLAPP por D. Enrique Dans | Camp. Pendleton

  • Pingback: Spanish RIAA Sues Blogging Professor for Defamation | TorrentFreak from blog The Technology blog and podcast

  • Attorney wilmington nc

    What he did was a sign of immorality  of a person.Anyways Thanks to our law system.

    Attorney wilmington nc

  • Wrongfultermination12

    This is a good common sense article. Very helpful to one who is just finding the resources about this part. It will certainly help educate me.

  • BTGuard - BitTorrent Anonymously

NewsBits

Even more news...

  • Blu-ray Anti-Piracy Tech Stops Discs and Promotes Purchases

    An anti-piracy system present in all official Blu-ray players since 2012 has received a fresh update...

  • Foxtel Breeds Pirates by Locking Up Game of Thrones

    One of the main reasons why people turn to piracy is the lack of legal alternatives....

  • UK Student Admits Breaching Sony Copyrights With Leak of PS3 SDK

    Last year an Internet user known as El Nomeo leaked version 3.70 of Sony’s Playstation3 SDK...

  • Pirates Can Be Identified Despite Sharing IP Addresses, ISP Claims

    Carrier-Grade Network Address Translation is a network mechanism through which many Internet subscribers can share the...

  • Feds Seize Cash from Major Bitcoin Exchange’s Dwolla Account

    The U.S. Government has taken a significant action against the web’s top Bitcoin exchange by seizing...

MostDiscussed

Below are TorrentFreak's most discussed articles of the past month. Join the discussion if you like.

CopyQuote

Left Quote

“The Pirate Bay has been one of the most important movements in Sweden for freedom of speech, working against corruption and censorship.

Peter Sunde Left Quote

PopularArticles

A selection of some TorrentFreak's classics dug up from our archives.