The Constitutional Court unanimously decided put an end to the controversial (not to say embarrassing) case of SeriesYonkisconfirming the acquittal of its trustees after 16 years of prosecution and legal appeals brought by the audiovisual industry. The resolution comes after the Authority for the Administration of the Rights of Producers in Audiovisual (EGEDA) presented a call for the annulment of previous acquittals, such as the sentence of 2019 and also of 2021. However, the Constitutional Court confirmed the innocence of the administrators and closed one of them. the longest and most discussed processes since the Internet arrived in Spain, and which led SeriesYonkis to be considered a symbol of freedom on the Internet for years.

Founded in 2007 by engineering student Alberto García Sola, SeriesYonkis It offered external links to series and movies through which users could access audiovisual content. This service, legal at the time, responded to strong demand from Internet users who sought to access content freely and without restrictions. SeriesYonkis quickly grew in popularity and established itself as one of the main sites in Spain for watching online content, which caused a backlash from the entertainment industry. In 2008, the platform received its first complaint, but legislation at the time did not consider links to content to be direct infringement, something the industry tried to argue in court for years.

We expect a change in legislation, García Sola sold the website in 2011 to Burn Media SLin an effort to separate the platform from future legal restrictions. In the same year, the Sinde Act was passed, which strengthened the tools to block and close sites facilitating access to protected content. Yet SeriesYonkis and those responsible remained in the limelight despite not hosting illegal content. Ultimately, the platform voluntarily shut down and removed all links in 2014, making it clear that it was responding to legal pressure, but the lawsuit continued, driven by the industry, which sought to impose exemplary punishment.

In 2019, the courts acquitted the four people responsible for SeriesYonkis, considering that the website’s activities did not constitute a criminal offense at the time. This resolution was ratified in 2021, although the audiovisual industry appealed the decision again, demanding the retroactive application of current regulations to past events. The stubbornness in pursuing those responsible for SeriesYonkis shows the industry’s interest in avoiding any precedent favorable to user freedom on the Internet, even if this would require a reinterpretation of basic legal norms and principles.

In March 2024, the Constitutional Court accepted the industry’s last appeal for processingsomething some have interpreted as a concession to strong sector pressures. However, the now-published final decision of the Constitutional Court confirms the acquittal of the charges, stating that what was operating within the limits of the law at the time cannot be punished. This decision sets a precedent in the defense of digital rights and rejects the retroactive application of rules that did not exist at the time.

The SeriesYonkis case shows how technological changes require adaptation of the legal framework instead of retroactive prosecution. For many, the platform and its long legal process represent a struggle between the industry’s interest in preserving traditional models and the need to recognize new forms of access in a changing digital environment. Although the website was closed ten years ago, the final verdict of the Constitutional Court offers a symbolic closure, emphasizes the importance of legislation that respects users’ rights and moves with the times.

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