Thursday, March 1, 2012

The law Sinde-Wert is prepared for closing pages

Entered into force today and is planning a rapid procedure for closing and locking of infringing pages. The self-reporting by hacktivists.
Today March 1 comes into force the law Sinde-Wert questioned in Spain, also known as the Rules of the Law of Sustainable Economy.

The law aims to analyze administrative sections, based on complaints from individuals, the contents of websites that allegedly infringe intellectual property holders and creators.

The processes may not only terminate contents, but also the closure or blocking of sites which are not within the borders of Spain.

The first denunciation

Earlier in the day - Thursday 1 - was presented the petition to the Second Section, but has a curious feature: members have hundreds of pages to share autoinculpado works for this action received the help of a musician Eme Navarro .

The curious as can be followed through the site and account - and shows, as have been the first self-reporting in an action of what they termed "electronic civil disobedience initiative" to demand the legality of the powers is given to the administrative authority.

Legal certainty is one of the factors argued in a statement released by hacktivists "The goal is to test this law and release it ourselves to show the absurdity and censorship that will bring us."

Sections are already formed

In yesterday was known by the Spanish Official Gazette the appointments of three members and their alternates - two for each operator-to the First Section of the Commission on Intellectual Property.

In both today also met the membership of the Section Two - the most challenged - that will, among its functions administratively resolve with judicial intervention in the first two stages to identify the offender and to request to remove content, closing or blocking of the website.

The system provides for notification of offenders in cases where being observed and concluded that there are violations of intellectual property rights and the acceleration of the process in cases of recidivism. The measure is complementary to existing civil and criminal proceedings.

Doubts remain about the implementation of the Act which will point to the behavior of Internet access providers, the pages that offer links and pages located outside of Spain to the administrative process.

Section Two will be chaired by Maria Teresa Lizaranzu, Director General of Policy and Cultural Industries and the Book.

Speaking states that "The Commission in no way impose sanctions or fines on vulneradores of the law or undertake civil or criminal actions against violators." The procedure for closing a page will have between twenty days and a maximum of three months.

The Ministry of Education and Culture has put online the Electronic Office as a place of access to reports for legal persons or group of people who want to place an order over their intellectual property rights violated.

The Future Internet

In yesterday prior to the enactment of the law, they multiplied the fighting in the various forums and social networks on the future of the network, the effect of intellectual property rights and business models risk.

Freedom of speech they claim for a category shall be in danger due to the administrative procedure, while the defenders of the law argue that the law antidescargas not be enough and that the procedures will be long.

Another strong criticism it has the law is the creation of sections, as are special appointees involved in the processes, which affect the required impartiality.

For the operation and effective implementation should also discuss the latest arguments and judgments like Cinetube and also the proposals of constitutionality of the norm in the Constitutional Court.

As you can see is a complex procedure and decisions to be issued will be observed by all stakeholders. Community processes also influence these decisions and that is being treated - elevated to the Court of Justice of the European Anti-Counterfeiting Trade Agreement, or better known as ACTA.

The most important question will be expected and what decision will be made in the first complaint?

No comments:

Post a Comment