Webmasters responsibility according to an Argentinean court resolution
On April 29, the Sixth Court of Appeals in Criminal and Correctional Law, ordered the prosecution of the owners of the web site Taringa for the infringement of intellectual property rights
According to the mentioned sentence the accused were deemed responsible as webmasters of a site through which works of art were being reproduced without consent of their right holders.
Resolution adds that despite the fact that perpetrators of the illicit act would be those who uploaded illegal contents to the website and those who downloaded the same, the meeting between both of them due to the use of the site, acting Taringa as willing participant of this maneuver and aware of its illegality.
While illegal copying of materials is made through the linking to another internet space, this possibility was provided by the company who offers to anonymous users the chance to share and download files free.
This decision is an important legal precedent insofar linking may be considered under certain circumstances as an unlawful act, notwithstanding the terms of conditions of the webmaster which enables the charge or accusation of any irregularity through its web page.
This scenario opens a discussion and a clear need of amendment of the Law 11.723 to the current times where communication and reproduction of contents mostly takes place in the digital field.