25-04-2016

The judge orders blocking music pirate website Goear.com

This is the third and definitive judicial setback to this Dutch company that offered illegitimately huge amounts of unauthorized music

The central Administrative Court number 3 has ruled the blocking of Internet domain www.goear.com to prevent access from Spain to this site, which has been offering for years thousands of songs without any of the mandatory authorisations from right owners (authors, producers and performing artists). The court ruling 20/2016 rules that access must be disabled from the Spanish territory and enforces it to happen with any other domain redirecting the user to the mentioned site. Besides, it forces search engines Google and Yahoo to delist from their results the location of recordings included in the complaint made before the Intellectual Property Commission (IPC) that were made available by Goear without any kind of authorisation.

 

This judgement constitutes the third and definitive setback in courts to Goear BV, the Dutch company operating the referred website. The administrative proceeding followed by the IPC at the request of AGEDI, society that sent its third complaint  against such site, proved one more time that the page www.goear.com was infringing intellectual property rights on the basis of unauthorised exploitation through the reproduction and making available of thousands of music recordings from worldwide renowned national and international artists and bands. The Spanish Audiencia Nacional had already ruled against Goear in January 2015 so that PC Irudia, name of the company exploiting the site at that time, suspended the service. The Supreme Court endorsed this sentence in July 2015 and dismantled all grounds of the defendant. Goear’s lawyer, David Bravo, argued that this site carried out “an intermediation task, merely neutral, passive and automatic work of hosting content uploaded by users”. The Supreme Court dismantled this reasoning when proving that the site had “and active and decisive role” and was “directly responsible for the infringement committed through the unauthorised making available” of large amounts of music.

 

The whole proceeding against Goear comes from the first complaint filed before the Intellectual Property Commission and initiated by AGEDI, Asociación de Gestión de Derechos Intelectuales, back in 2012. During the final stage of the proceeding, Goear claimed to have “removed all intercepted URLs”. However, the judge challenges that “it is not simply about removing URLs, but about preventing access from the site to the relevant works or protected matters”. The judgement rules that Goear “has not provided any evidence” in this respect and specifies that with its judgement, when blocking the site, “fundamental rights provided for in article 20 of the Spain’s Constitution are not negatively affected”, in reference to the freedom of expression. 

In short, it is fully confirmed the action of Section Two of the Intellectual Property Commission, responsible since the enactment of the so-called Sinde-Wert Law for the enforcement of this kind of infringements.

 

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