Criminal court Judge Paz Aldecoa said downloading copyright material, if there is no financial motive, is protected under the right to make private-use copies.

The case involved a 48-year old Internet user charged for downloading albums using P-to-P programs, obtaining digital copies of albums and offering, via e-mail and chat, to share his collection with other users.

The charges were filed as a result of lawsuits from entities including Spain's recording and motion picture association Asociaci'n Fonogr'fica y Videogr'fica Espa'ola (Afyve), and the Spanish entertainment software association Asociaci'n Espa'ola de distribuidores y editores de software de entretenimiento (Adese).

According to the judge, if music downloads motivated by not-for-profit purposes become a crime, this would "criminalize socially accepted behaviors that are accepted and broadly common and whose goals aren't to make money."

The prosecutor had sought two years in jail and a fine of '7,200 (US$9,200), as well as a payment of '18,361 to Afyve and another payment to Adese.