1. Anyone who, with the intention of obtaining a direct or indirect economic benefit and to the detriment of a third party, reproduces, plagiarizes, distributes, publicly communicates or in any other way economically exploits, in whole or in part, a literary, artistic or scientific work or performance, or its transformation, interpretation or artistic execution fixed in any type of support or communicated through any means, without the authorization of the holders of the corresponding intellectual property rights or their assignees, shall be punished with a prison sentence of six months to four years and a fine of twelve to twenty-four months.
2. The same penalty shall be imposed on anyone who, in the provision of information society services, with the intention of obtaining a direct or indirect economic benefit, and to the detriment of a third party, actively and not neutrally facilitates, and without limiting themselves to merely technical processing, access to or the location on the internet of works or services subject to intellectual property rights without the authorization of the holders of the corresponding rights or their assignees, in particular by offering ordered and classified lists of links to the aforementioned works and content, even if such links were initially provided by the recipients of their services.
3. In these cases, the judge or court shall order the removal of the works or services that are the subject of the infringement. When the content subject to the intellectual property rights referred to in the preceding paragraphs is disseminated exclusively or predominantly through an internet access portal or information society service, the provision of the service shall be ordered to be discontinued, and the judge may order any precautionary measure aimed at protecting intellectual property rights.
Exceptionally, when the conduct is repeated and when such a measure is proportionate, efficient, and effective, the blocking of the corresponding access may be ordered.
4. In the cases referred to in paragraph 1, street vending or merely occasional distribution or sale shall be punished with a prison sentence of six months to two years.
However, taking into account the characteristics of the offender and the small amount of the economic benefit obtained or that could have been obtained, provided that none of the circumstances of Article 271 apply, the Judge may impose a fine of one to six months or community service of thirty-one to sixty days.
5. The penalties provided for in the preceding paragraphs, as applicable, shall be imposed on those who:
a) Those who intentionally export or store copies of the works, productions, or performances referred to in the first two paragraphs of this article, including digital copies thereof, without the aforementioned authorization, when they are intended to be reproduced, distributed, or publicly communicated, shall be punished with the penalties provided for in the preceding paragraphs, as applicable.
b) Intentionally import these products without such authorization when they are intended to be reproduced, distributed, or publicly communicated, regardless of whether they have a lawful or unlawful origin in their country of origin; however, the importation of the aforementioned products from a Member State of the European Union shall not be punishable when they have been acquired directly from the rights holder in that State, or with their consent.
c) Facilitate or encourage the conduct referred to in paragraphs 1 and 2 of this Article by removing or modifying, without the authorization of the intellectual property rights holders or their assignees, the effective technological measures incorporated by them for the purpose of preventing or restricting such conduct.
d) With the intention of obtaining a direct or indirect economic benefit, and with the aim of facilitating third parties' access to a copy of a literary, artistic, or scientific work, or its transformation, interpretation, or artistic performance, fixed on any type of medium or communicated through any means, and without the authorization of the holders of the intellectual property rights or their assignees, circumventing or facilitating the circumvention of effective technological measures designed to prevent such access.
6. Anyone who manufactures, imports, distributes, or possesses for commercial purposes any means primarily designed, produced, adapted, or created to facilitate the unauthorized removal or neutralization of any technical device used to protect computer programs or any of the other works, performances, or executions as provided in the first two paragraphs of this article shall also be punished with a prison sentence of six months to three years.