[Cthulhu_]

The main difference is scale; giving your sibling a used DVD is just a 1:1 exchange, uploading it to e.g. megaupload can potentially open it to millions of other people.

There are laws about digital resale though; there was an EU ruling that indicated reselling digital-only products is legal.

[franciscop]

These Spanish laws AFAIK are from the time where you would copy casettes and give them to your friends. The lawmakers recognized that spreading the culture in this way among your friends was more important than making this a crime. With internet there has been a lot of debate, but it is still pretty much the same. Though Spaniards are quite unhappy with American corporations trying to force their American laws on us and making us criminals while we do something perfectly legal stuff! (And also internally with the SGAE, but that is another topic).