Lawyer creator's BTuga analysis says the court has ... - TeK.sapo

Defense attorney Luis Ferreira, creator of BTuga and defendant in the case who is accused of theft of protected copyright works, does not agree with the decision given by the judges of the Criminal Court of Lisbon . Alexandra Mota Gomes says even if the decision is “wrong” and that there are several inaccuracies in the way the process was analyzed.

The legal representative of the creator of BTuga said in a conversation with TeK that the decision is made based on some serious flaws. “It identified the shared content, do not know who shared not know who put them,” explains Alexandra Mota Gomes.

Conviction for co-authoring, defense attorney argues, is misleading in the sense that the defendant was manager of a platform and are not responsible for posted and shared through the same content. “At the time the identification of users was not required to be co-authoring and there must be consent between the parties,” the situation was not observed according to the analysis of the defense attorney.

During the conversation the lawyer made up a comparison with large companies like Google who are not responsible for the content that disclose unless the company is notified to remove them. “To have a conviction would have to be a legislative amendment to include programmers and system managers.”

The action is the most likely next step and just has not been confirmed because the defense team has not had access to the judgment of the decision, which will require a more detailed analysis.

“Luis did not cooperate”, says Alexandra Mota Gomes, who also says that the judges were against an expert analysis on which it was proved that no there was a screening of content made by the site administrators.

The defendant, Luis Ferreira, was surprised by the decision because it “did not expect any conviction,” assures his lawyer. Evil, the least. The creator of the closed platform however was “satisfied” with the claim for damages made by the court that it did not consider the € 1.6 million requested by the prosecution.

During the day yesterday, January 13 , the Second Court of the Lisbon Criminal Court sentenced the defendant to a fine of 12,600 euros, corresponding to two penalties of fines, according to Exame Informática information. The penalty fine was imposed in lieu of imprisonment prescribed by law.

The TeK also tried to get the reactions of the Federation of Publishers Videograms (FEVIP) and the Portuguese Phonographic Association (AFP), constituents of complaint, but so far received no reply.

Rui Ferreira da Rocha

Written under the new Orthographic Agreement