Audiencia Provincial [Court of Appeals] of Madrid, Section N. 2, Criminal, sharemula.com, 582/08

dismissing a criminal claim against the owner of a website that provides links to copyright infringing content; the court held that linking to content hosted somewhere else does not amount to a communication to the public of the content linked to, which is one of the elements necessary for the crime; in any event the accused party would be protected from criminal liability by the linking safe harbor.