The owner of a bar in A Coruña ended up in the Supreme Court where she has just been acquitted of a six-month prison sentence for hacking two matches of the first division soccer league in 2018 and has also reduced her fine from 2,700 to €540.
The matches were broadcast on November 3 and December 11, 2018. On both occasions, the Clientele Manager met each other “without authorization” and “and” and “and” and “and” and “and” and “and” and Editing Freely To The Channel Inconsensually Linked Through A Pirate Decoder. “
The sentence explains that the Liga Nacional de Fútbol Profesional is the only cession of the commercialization of the audiovisual rights of the first and second division and of the Copa del Rey, as well as the functions of production and realization.
For this reason, catering establishments, in order to be able to show these football matches, “must have contracted the La Liga TV Channel with an authorized operator.”
A fine of 2,700 euros for a crime against the market and consumers and another crime against intellectual property, in addition to the payment of compensation of 431.45 euros to La Liga for the damages caused, a ruling that was ratified by the Provincial Court of A Coruña .
But now the Supreme Court acquits it of the crime against intellectual property by recalling that the doctrine, established by the plenary session of the Criminal Chamber on June 2, 2022, determines that the bars that hack the football broadcast commit a crime by market punished with a fine, but not against intellectual property, which entails imprisonment, because soccer is not a “literary, artistic or scientific work or performance”, as required by the Penal Code.
“Soccer, of course, is not literature. It is not science either. It is true that spears of undeniable aesthetic value can follow one another in a soccer match, but interpreting those moments or sequences of technical perfection as defining notes of a spectacle artistic aculo. can lead to transgressing the limits of the principle of typicality”, indicates the cited doctrine.
In this way, it acquits her of the sentence of six months in prison and reduces the fine to 540 euros only for a crime against the market, in attention to “the minimal importance of the fact and the economic loss caused, as well as the absence of circumstances “. personal information on the defendant that advise the imposition of a higher sentence”.
