The indignation and anger fills me after reading this article from El Pais in which he recounts the alleged new procedure that the Government of Spain included in an annex to the Law of Sustainable Economy to close websites that, in the opinion of some, infringe intellectual property rights and which have again lied to the Spanish internet community.
We’ve been lied to because after all digital revolt lived in days gone by in the # manifest as the backbone José Luis Rodríguez Zapatero , the President of Spain, said that no site would be closed without prior judicial proceedings, what we have now discovered is really only half .
The first the provision of contention will not be removed or altered and seconds an Administrative Commission will remain responsible to report and put up the shutters to websites . So what’s new? Well very little. The new schedule provides for a precautionary procedure where a judge will decide whether the decision to block or close a site violates certain fundamental rights, but this will not come to appreciate in depth if the website is closed or not for committing certain violations of intellectual property with the power to shut the sites still being held by the Administrative Commission on Culture Miniterio dependent. David Briggs explained the new procedure in a very simple (emphasis mine):
If a judge understands, for example, that the webs of links do not represent an exercise of a right of freedom of expression or information, it is easy to happen and that is radically different from determining that the web is illegal “ the matter would be left to the commission of the Ministry of Culture who will decide if this website infringes intellectual property rights and, therefore, whether or not close at its own discretion .
I’m tired, like many, that we try to brew good base to be quiet, well-based legal-linguistic flourishes legal amendments do nothing to protect an industry obsolete by the sheer pressure exerted on the policy. It is extremely serious that the executive keep trying to distract the court the issue of intellectual property because this always resolves against lobbyists . We are living a real attack on fundamental rights by Member of half the planet by pure pressure from an “economic empire”. Citizens are not to blame for the current production model has become obsolete, we must seek solutions to this problem, do not continue to underpin an unsustainable model of readiness to strike.
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