With regard to Spain, I am not familiar with the current situation but
some decision are going the way of the torrent sites,
http://torrentfreak.com/spanish-judge-non-commercial-filesharing-is-legal/
"The ruling was made yesterday (Thursday) by Judge Paz Aldecoa in a
penal court in Santander, a northern city in Spain. He said that because
the man was not profiting from sharing these files, he could not be held
liable. Judge Aldecoa said that a guilty verdict "would imply the
criminalization of socially accepted and widely practiced behavior in
which the aim is in no way to make money illicitly, but rather to obtain
copies for private use.""
http://www.afterdawn.com/news/archive/11510.cfm
"Spanish court decides linking to P2P downloads is legal
19 October 2007 8:16 by Matti "Siggy" Vähäkainu | 7 comments
Spanish court decides linking to P2P downloads is legal In Spain, a
Madrid magistrate has declared the case against Sharemula, a website
publishing download links through which users can acquire TV series,
music, software, etc., dismissed.
In October 2006 15 individuals were arrested, among which were people
responsible for Sharemula. Now a year later court came to a decision
that the site or its administration have not committed any violations
against the copyright law by publishing links to peer-to-peer downloads.
The ruling was a considered a success by the Sharemula attorneys, who
based the defense on three existing court rulings on similar cases. By
not directly profiting from the downloads or storing illegal content,
Sharemula did not break the law and was released from the accusations."
http://torrentfreak.com/bittorrent-sites-step-closer-to-legality-in-spain-081104/
"Essentially, the court has decided that TodoTorrente operated in a
similar manner to Sharemula. The decision is open to appeal, but there
is no doubt that BitTorrent sites are getting closer to legality in Spain."
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