Sinde Law: Spanish Anti-Piracy and Internet Rights

Classified in Law & Jurisprudence

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Sinde Law and Website Shutdowns

Data: A law that would allow the government to shut down websites that provide free downloads of movies, video games, or music without permission or without paying royalties has raised great controversy...

Legal Procedure and Rule of Law

So far, the procedure to prosecute crimes related to intellectual property was a one-page report to the court and then waiting for the judge to issue a sentence in accordance with the law. This is usual and desirable in any state governed by the rule of law.

Judicial Rulings on Linking Sites

However, judges have ruled many times that link sites are not illegal and do not violate any legal warrant related to copyright. Links are factual indicators that show where to find works, but they themselves do not contain or represent the public dissemination of those works.

Industry Response and New Strategy

After about 40 cases of alleged failures by the professional associations defending copyright, and seeing that the judiciary sided with the Internet, these associations decided to pressure the government to circumvent the judges and design a new strategy that would allow them to close pages on their own, without relying on judicial decisions. Basically, they are trying to remove the referee from the match because no one likes a referee who rules against the interests of a party—in this case, the cultural industry.

Authorities and Public Statements

Authority: Ana Milán did not hesitate to give her public support for the Sinde Law. She stated: "My full support for the Sinde Law. When our children continue to have music, art and books, we should be grateful. Art is paid. So it should be."

Adriana Abenia, the witty presenter of 'Sálvame', also appeared with a contrasting statement about the law: "Freedom on the Internet is also a way to spread culture; many bands make themselves available through this medium."

When Álex de la Iglesia resigned from the presidency of the Film Academy because of disagreements with the Sinde Law, he said he would also resign as a member. So there we go... (Santiago Segura).

Comparison

Comparison: It's like a policeman watching a thief steal and not arresting him; people get angry. (In the fury of the pirates, nearly all are outraged; they do not know what the hell is happening in Congress regarding the vote.)

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