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16-Year-Old Pirate Site Prosecution Revived Despite Four Prior Acquittals

Since its inception in 2007, SeriesYonkis, a platform for streaming links, experienced a meteoric rise in popularity, quickly becoming one of the most-visited sites in Spain within a year. The platform’s journey has been filled with twists and turns, starting from a local law enforcement operation against one of its operators in 2009, culminating in a full trial in 2019 where four men were demanded a staggering 550 million euros. However, to the surprise of many, they were completely acquitted in 2021.

Just when it seemed like the legal saga had reached its conclusion, a sudden twist has emerged. Following an appeal by the anti-piracy arm of movie companies, the case is set to be resurrected, injecting new life into the legal battle surrounding SeriesYonkis.

In 2007, as Netflix transitioned from mailing DVDs to streaming online and Apple unveiled the first iPhone, SeriesYonkis emerged as a rising star in Spain’s online landscape. Within a year, it soared to become one of the country’s most-visited websites. As the iPhone evolved and SeriesYonkis gained momentum, it solidified its position as a top pirate site in mainland Europe.

SeriesYonkis thrived by providing hyperlinks to TV shows hosted on platforms like Megaupload. However, its success drew unwanted attention. In 2009, Spanish law enforcement raided the home of one of the site’s operators following a criminal complaint from a movie producer. Despite the lack of evidence implicating the operators in uploading or verifying links, rightsholders pressed for action.

The legal battle centered on the ambiguity in Spanish law regarding whether providing links constituted “communication to the public.” This question gained clarity in 2014 when the Court of Justice of the European Union ruled in Svensson v Retriever Sverige AB that hyperlinks indeed amounted to making content available to a new audience.

Realizing the implications of this ruling, SeriesYonkis preemptively shut down before Spain updated its laws. However, this didn’t deter Hollywood studios and anti-piracy groups from pursuing legal action against the site’s operators. In 2019, four men associated with SeriesYonkis faced a monumental trial, accused of facilitating massive copyright infringement and facing staggering damages claims.

Despite the pressure, the court ruled in favor of the defendants, citing their compliance with the law at the time of operation. The verdict was upheld on appeal, clearing all four men of any wrongdoing.

However, the legal saga takes another turn as the case is set for yet another appeal, keeping the fate of SeriesYonkis and its operators in limbo.

According to a new report by elDiario.es, anti-piracy group EGEDA has filed an ‘amparo claim’ at the Constitutional Court against the acquittal of the men in 2021.

Amparo is one of the main powers conferred by the Constitution to the Constitutional Court. The object of this process is the protection against breaches of the rights and freedoms enshrined in Articles 14 to 29 and 30.2 of the Constitution originated by provisions, legal acts, omissions or simple actions of the government of the State, the Autonomous Communities and other public bodies of territorial, corporate or institutional nature, as well as their staff.

The only claim that can be enforced through the amparo is the restoration or preservation of the rights or freedoms for which the appeal is lodged.

EGEDA contends that the Provincial Court of Murcia’s decision to exonerate the operators of SeriesYonkis infringed upon their right to effective judicial protection. Consequently, they have pursued further legal action, leading to the case being brought before the Constitutional Court.

Carlos Sánchez Almeida, representing one of the individuals associated with SeriesYonkis, argues that his client is the one in need of protection. He highlights the significant personal and professional toll the legal battle has taken on his client, who conceptualized SeriesYonkis as a student.

Almeida emphasizes the enduring impact of the lawsuit on his client’s life, including emotional, financial, and familial strain. He underscores the disparity between the immense burdens placed upon his client and the astronomical financial claims made against him.

The case’s progression through the Constitutional Court is expected to be protracted, with a verdict potentially years away. As the legal proceedings unfold, the fate of SeriesYonkis and its operators remains uncertain.

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