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Chamber VI of the National Chamber of Criminal and Correctional Appeals confirmed the processing of the three administrators of the website Taringa!, when determining that they are responsible for making available to Internet users the content hub of literary works without authorization of its authors, thus violating the Intellectual Property Law. |
The prosecution fell on Alberto Nakayama and the brothers MatÃas and Hernán Botbol, ​​for allegedly having committed this crime 12 times as owners of Wiroos, a web hosting firm that provides its service to the site www.taringa.net.
When consulted by LA NACION, Hernán Botbol confirmed that it is the same ruling for the same cause, with the only difference that Alberto Nakayama is also mentioned. "We have nothing new to say because nothing new happened," he added.
The Sixth Chamber of the Chamber, with the signatures of judges Marcelo Lucini and Mario Filozof, described that the defendants offered "anonymous users the possibility of sharing and downloading for free files whose content is not authorized to publish by the author," and adds which in this way facilitated "the illicit reproduction of the material that is published."
For their part, the defense of the accused argued that the literary works are not on the platform. "They are not stored on the page, but on the Rapidshare site, whose servers are located outside the national territory, so Argentine criminal law cannot be applied to the case," they added.
However, the court did not dismiss responsibility from the accused. “Beyond the web links from which the illegally reproduced works would have been downloaded from sites outside the country, such as rapidshare.com, 4shared.com and mediafire.com, the truth is that the domain servers taringa. net from where the download was offered (hosted at kui.wiroos.com.ar and lanark.wiroos.com) and whose owners would be the accused, registered in the Argentine Republic, "he adds
"It was found that the works were improperly reproduced when they were posted on a web page without the pertinent permissions, by users and to which Taringa redirected the search for unidentified third parties," the ruling underlined.
The Chamber also confirmed the embargo for 130 thousand pesos against Nakayama. The figure they are charged with has penalties that go up to six years in prison.
The antecedent
Previously, in May the court determined a fine of 200.000 pesos for the case initiated in 2009 by the Argentine Book Chamber, together with a group of publishers. Faced with the ruling, Taringa's lawyers argued that it is impossible to determine the content of twenty thousand publications a day on average, and added that they were in a pre-trial instance.
In an official statement published, Taringa rejected the accusation and reiterated what was reported in the ruling. "As administrators of a website, we cannot investigate the final destination of each of the 20.000 daily posts we receive, scrutinizing the vastness of the Internet, to eventually determine the legality or illegality of whatever we find there," the company said. .
Source: La Nación