The Constitutional Court has unanimously resolved, put an end to the controversial (not to say embarrassing) SeriesYonkis caseby confirming the acquittal of its administrators, after 16 years of judicial persecution and legal appeals presented by the audiovisual industry. The resolution comes after the Audiovisual Producers’ Rights Management Entity (EGEDA) presented an appeal to reverse previous acquittal sentences, such as that of 2019 and also that of 2021. However, the Constitutional Court has ratified the innocence of the administrators, closing one of the longest and most discussed processes since the Internet arrived in Spain, and which led to SeriesYonkis being considered, for years, a symbol of freedom on the Internet.
Founded in 2007 by engineering student Alberto García Sola, SeriesYonkis It offered external links to series and movies, with which its users could access audiovisual content. This service, at the time legal, responded to a strong demand from Internet users, who sought to access content freely and without restrictions. The popularity of SeriesYonkis grew rapidly, establishing itself as one of the main sites in Spain to watch online content, which caused a virulent reaction from the entertainment industry. In 2008, the platform received its first complaint, but the legislation at that time did not consider links to content as a direct infringement, something that the industry tried to argue for years in court.
Anticipating a change in legislation, García Sola sold the website in 2011 to the company Burn Media SLin an attempt to separate the platform from future legal restrictions. That same year, the Sinde Law was approved, which strengthened the tools for blocking and closing sites that facilitated access to protected content. Even so, SeriesYonkis and those responsible remained in the spotlight, despite not hosting illegal content. Finally, in 2014, the platform voluntarily closed and removed all links, making it clear that it was responding to legal pressure, but the judicial process continued, driven by an industry that sought to establish an exemplary punishment.
In 2019, the courts acquitted the four people responsible for SeriesYonkis, considering that, at the time, the website’s activity did not constitute a crime. This resolution was ratified in 2021, although the audiovisual industry appealed the decision again, requesting the retroactive application of current regulations to past events. The obstinacy in pursuing those responsible for SeriesYonkis shows the industry’s interest in avoiding any precedent favorable to the freedom of users on the Internet, although this would require reinterpreting fundamental legal norms and principles.
In March 2024, the Constitutional Court admitted the industry’s last appeal for processingsomething that some interpreted as a concession to the strong pressures of the sector. However, the final ruling of the Constitutional Court, published now, confirms the acquittal of the accused, recognizing that what at the time operated within the law cannot be penalized. This ruling establishes a precedent in the defense of digital rights and rejects the retroactive application of rules that, at the time, did not exist.
The SeriesYonkis case shows how technological changes require an adaptation of the legal framework, instead of retroactive persecution. The platform and its long judicial process represent, for many, the struggle between the interests of an industry to maintain traditional models and the need to recognize new forms of access in a changing digital environment. Although the website closed a decade ago, the final ruling of the Constitutional Court offers a symbolic closure, highlighting the importance of legislation that respects user rights and moves with the times.
Source: www.muycomputer.com
