The creators of SeriesYonkis are saved: they will not have to pay 550 million euros for hacking
The resolution took two and a half months to arrive, the trial starting on April 8. In this document, the four managers of the SeriesYonkis website have been charged with for profit piracy offense Knowing that you are carrying out an illegal activity. Alberto García Sola (creator), Alexis Hoefner, David Martínez and Jordi Tamargo they faced four years in prison, the maximum penalty for piracy crimes. This sentence was requested by Egeda and the Anti-Piracy Federation, the latter being represented by Adivan.
Thus, the Final Judgment, released today, rejects one of the Prosecution's most important arguments that the Web was more than just a container of links and that it stored content protected by copyright law. author, facilitating access and downloading of this content. content to users.
Between the pages that the accused took we entered peliculasyonkis.com, seriesyonkis.com and videosyonkis.com, which contained structured and classified links based on various criteria. However, the content of these pages was not stored, but linked to other websites that stored it. On their servers, no content was subject to these author rights, but the links were uploaded by the contributors to the page, and it's not even proven that they have themselves uploaded these links to the web. Of the linked websites have been Megavideo or Megaupload.
If the Web remained operational in July 2015, there would have been a crime
With regard to the advertising that they put on the Web, the judge said that they had not reaped economic benefits from the number of downloads or access to links, but the revenues collected for advertising were intended for visits and visualizations of this advertisement. Users who have visited the Web, who could do so to access the hacking links or not (they could enter for example to see the news).
Fortunately, the trial took place in accordance with the law prior to July 2015 reform of the penal code. The website was sold in 2011 to Burn Media after its creation in 2007 in Murcia and was operational until March 2014. If the website had been opened in July 2015 after the entry into force of the reform of the Penal Code, the Web itself would have constituted a crime. The sentence can still be appealed, but it is very unlikely that it will change.