I assume that Spain has a supreme court of some kind, and that there are avenues to appeal. I have a hard time believing that higher judges would accept that mass internet copyright infringement is a right.
Copyright infringement in Spain is only considered a crime if there is an intent to earn money with it. No judge is going to rule different because their duty is to enforce the law and the constitution, not to change it. To compensate the loss of income due to private copy, we pay taxes when we buy any device able to reproduce any copyrighted work (photocopiers, CDs, iPods, hard disks, ...). There is also a tax for TV and radio devices on public places.
But you never know. This is Spain, a country that has judges that take it upon themselves to prosecute foreign "war criminals", and was only recently rebuffed in their efforts to do so.
That's because Spain signed The Protocol to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts. According to it, states have a duty to try or extradite anyone charged with having committed any violation to the Geneva Conventions on the basis of universal jurisdiction.
As of 14 January 2007 it had been ratified by 167 countries, with the United States, Israel, Iran, Pakistan, Turkey and Iraq being notable exceptions.
