Website condemned for violation of IP Law
On Tuesday the 20th of August, the Criminal Court of Justice processed one of the most popular download websites for Argentinean internet users for committing acts of piracy.
The Supreme Court confirmed that brothers Matias and Hernán Botbol, together with Alberto Nakayama, which are the managers of the online site “Taringa”, will have to face a public and oral trial for alleged violation of the article number 72 of the IP Law, because they allowed the unauthorized downloading of 29 legal publications and 12 computing books.
The owners who created one of the most visited websites in Argentina in 2004 were processed as “necessary participate“ for “facilitating piracy”. For this infraction, they could face between one month and six years in prison. “Taringa” shared links for downloading from music to software content, while the material was not hosted on the website servers; but on external servers.
The Taringa-trial has been going on for several years. In May 2011, the Argentinian court decided that the managers would be processed for violating IP Laws. One year later, in September 2012, judge Daffis Niklison, promoted the case to a trial. For his part, the defense attorney for Nakayama, Carlos Beraldi, presented a resource against that promotion. Finally, the Supreme Court rejected the argument of the defense who claimed that there is still no “definitive sentence or anything comparable to such”; ratifying thereby Niklison request.
After the sentence, the managers of the website expressed their intention “to define this case in Court as soon as possible”. For this reason, they have already appeared before the corresponding court offering a large amount of evidence, which was until now not assessed; that will demonstrate that the company actions, as well as the commercial policies established for the users, are in accordance with the Law and the international guidelines.
For this reason, all eyes are focused on the lack of a new legislation that includes rights which protect the use and traffic of content on the internet, considering that the current Law was established in 1933.
Sources: Diario Ambito Argentino