After some speculations the interim judgment is in and brings some interesting facts to the table. The case has indeed been reopened without a set date for the next trial.
Sadly, the final DoJ appeal verdict which should have been made public on the 23th of June 2010, did not materialize. Apparently the judges decided to reopen the case and schedule another day of trial.
The April 14th appeal date was not met because the expert-rapport done by Dr.Ir. Pouwelse was not finished on time. Now that we have the expert-rapport, the appeal should take place tomorrow 9:30am, May 19th in The Hague.
After the unspecified reason for the delay of the civil case verdict, it finally arrived on march 16th. The first civil case has been acknowledged and again it’s been said that it’s no copyright infringement, however it’s a wrongful act to index hash-codes.
Court system continues to defy copyright holders, ruling once again that noncommercial file-sharing in the country is legal, and also that links to infringing material is as well. For some time now Spanish judges have consistently ruled in favor of file-sharers, finding over and over that noncommercial P2P – file-sharing without motivation of profit – is legal in that country. As far back as 2006, Spanish judges have ruled that since the there is “no talk of money or any other compensation beyond the sharing of material available among various users” that “no offense meriting penal sanction has been committed.” Raul N.
It’s looking awfully familiar, the waiting game is in full effect again. The civil appeal verdict should have been more then 2 weeks ago, but without a word from the court, it looks like it’s postponed for an unspecified time. Unsurprisingly, the DoJ appeal resume has also been delayed from 27th January to 14th of April 2010.