| The Register:

A judge in the northern city of Santander in Spain dismissed a case against an anonymous 48-year-old man who downloaded digital music from the net.

Judge Paz Aldecoa of No. 3 Penal Court ruled that under Spanish law a person who downloads music for personal use can not be punished or branded a criminal.

He called it “a practised behaviour where the aim is not to gain wealth but to obtain private copies”.

The state prosecutor’s office and two music distribution associations had sought a two year sentence against the man, who downloaded songs and then allegedly offered them on a CD through email and chat rooms.
However, there was no direct proof he made money from selling the CDs.

Justice Minister Juan Fernando Lopéz Aguilar says Spain is drafting a new law to abolish the existing right to private copies of material.