According to Spanish police, the site caused the entertainment industries 535,000 euros in losses and made 30,000 euros in profits. Unfortunately the authorities didn’t have the benefit of foresight, which would’ve given them an understanding of how Spanish law would deal with a site that links to copyright infringing material.

In September 2008, a Spanish court ruled that providing links to copyrighted material is not a crime. The Provincial Court of Madrid ruled that Sharemula.com, a site offering eDonkey links to movies, music, software and games, did not break the law. Furthermore, the court’s decision was final and could not be appealed.

If the ruling in the Sharemula case holds up, this means that TodoTorrente was not breaking the law either. Lawyer David Bravo who was involved in the TodoTorrente case, has contacted TorrentFreak with an update on the TodoTorrente situation. David notes that the coverage of the TodoTorrente raids and arrests had a great impact in the Spanish media, and further afield.

Of particular interest was a gloating editorial which published in Portal Latino, which claimed that TodoTorrente wasn’t “kids playing on a network” but an “illegal business”, and celebrated the closure. David explains that the media uproar this caused left little room for the arrested admins to be considered innocent until proven guilty.

However, after an application was made to Magistrate’s Court No.3 in Orihuela, it has now issued an interim order of dismissal of the case against TodoTorrente. The court decided that the site or admins didn’t commit any crime “since the investigation showed that the website was limited to providing links to downloads and didn’t offer downloads directly.”

Essentially, the court has decided that TodoTorrente operated in a similar manner to Sharemula. The decision is open to appeal, but there is no doubt that BitTorrent sites are getting closer to legality in Spain.

Article from: TorrentFreak, check out our new blog at FreakBits.

“CLOSED BY JUDICIAL ORDER”

According to the Police, todotorrente.com was responsible for more than 500,000 € in losses to copyright holders, while the site itself made more than 30,000 € in profits. Numbers that can’t be backed up by any evidence of course, but we’re used to that.

Todotorrente.com was not the only site affected by the raids. In addition, the police took down trackertdt.com, a sister site of todotorrente.com. Gamesfive.net, another sister site, now redirects to blackdivx.org.

This is not the first time that Spanish authorities take action against BitTorrent sites. Last year, 15 administrators of BitTorrent and eDonkey sites were arrested, in the largest P2P raid in Spanish history. Most of the sites that were shut down last year (17 in total) remain unavailable up until today, however, pctorrent.com now redirects to newpct.com, one of the largest BitTorrent sites in Spain.

A bittersweet week for Spanish pirates.

Article from: TorrentFreak, check out our new blog at FreakBits.