Monday, January 31, 2011

The file eMule-Paradise returned to education

This was to be the great trial of downloading illegal earlier this year, but the trial of the site's creators eMule-Paradise, which offered links to download software emule, was cut short: the court recognized that Monday, January 31 a part of the procedure was invalid, and remanded the case to trial.

EMule-Paradise, a leading directory of links eMule French, attracted over 300,000 visitors per day at the height of his popularity. Created and maintained by a small team, the site had angered the rights holders, who were demanding substantial damages for 10 million euros in total, for the provision of more than 7000 films - a figure disputed by the defense.

The prosecution argued that Vincent Valade particular, the primary site manager, was not a simple internet disinterested due to its popularity, eMule-Paradise generating significant revenues through the sale of advertising space. According to the survey, the site would have generated two years 180 000, not counting more than 200,000 euros generated by a pornographic site is not covered by the procedure, but drew most of its traffic from links placed on eMule -Paradise.

Most of these gains - undeclared to tax authorities - was seized by the courts, including a Porsche Cayenne that the young man had offered little after his first arrest. Those in custody are symptomatic, in this case, the willingness to make an example of his client, said Mr. Hugo, the lawyer for Mr.

Valade. "The conditions of placement in custody of my client are very questionable," he said at the hearing. "Initially, the investigation was entrusted to the beasts, which led to an initial custody. She refused to carry out a second custody, arguing that there were no new facts any such measure.

The police officers were then relinquished in favor of the police in Nanterre, this second detention was used for law enforcement purposes, to pressure Mr. Valade so he closes the site! " In this particularly complex, both technically and legally, Valade Vincent found himself accused of both crimes of forgery, the provision of software for illegal downloading, or concealment of activity.

But Vincent Valade was not properly indicted for certain charges. After a recess of two hours, the court has recognized the invalidity of the proceedings and referred the case to trial. It will likely take months, even years before a new trial be held. On leaving the court, Mr. Valade, who is now working on a project - legal - site devoted to clairvoyance, did not know whether to rejoice at the return to square one.

The plaintiffs (SACEM, FNDF, Union of video editing, companies Pathé and Galatea ...), which had proposed a disjunction between problematic file, do not hide their anger, however.

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