Slashdot Mirror
Spain To Clamp Down On File Sharers
pbahra writes "A bill that would allow Spain's authorities to close down illegal websites with limited judicial oversight has caused anger among the country's Internet users. The law, known as Sinde's bill (after the current culture minister Ángeles González-Sinde) is designed to close the loophole that sharing sites such as Roja Directa have exploited. If you go to the website today, you will find a pithy warning against Internet piracy, courtesy of the US authorities. The US has exerted considerable pressure on Spain over what it sees as Madrid's failure to tackle Internet piracy. A banner with the seals of the US Department of Justice, plus two other bureaucracies, informs Internet users that the Spanish domain name, formerly a hub of illegal sports content, has been seized in accordance with US copyright law. But if you do a search, it takes very little to realize that Roja Directa is alive and kicking."
(...)the Spanish domain name, formerly a hub of illegal sports content (...)
Is a Spanish-focused site, and in Spain, file sharing is not proved in court to be illegal (some argue that it is, some that don't, but certainly no judge has pronounced the word "guilty" to a file sharer). But the summary is even more wrong. Quoting Roja Directa's blog:
Not only does Rojadirecta not transmit the aforementioned content, but it does not directly transmit any other type of audio or video content. Rojadirecta is simply an index of sporting events available on the Internet and not a provider of audio and video content.
Don't know about the US, but this is certainly not illegal in Spain. That's why the government has introduced Sinde's bill. Sinde's bill allows a civil commission (yes, bypassing courts!) to seize websites that link to content. I wonder if they will try to shut down Google or Bing.
... the bill would allow to close LEGAL websites. The Sinde's bill does not change what is legal or illegal (that would require modifications to the Intellectual Property law, which the bill does not include), and with the current laws what those websites do is legal, as evidenced by about a dozen cases in which judges ruled that there was no crime, versus zero cases in which the ruling was the opposite. Also the bill most likely goes against the Spanish Constitution, as it allows to close websites without a judge overseeing the process (whereas the Constitution mandates that a judge orders any interruption of a publication, such as closing a website, forbiding the distribution of a printed publication or the transmission of a radio or TV program, etc.): the judge is only asked whether closing the website affects freedom of speech, nothing more. Furthermore, the judge is explicitly forbidden from examining if there's a justification for closing the website (i.e. if there's anything illegal going on).
I have no trouble artists or producers. You know, people that actually do the work to create content. People with ideas that follow up, work hard, strive and labor through the development process to create something that is worthy and has value.
The people that I don't want to pay are the executives; the ones who pay for lobbyists to dictate draconian civil penalties and censorship of the internet; the ones who force ridiculous DRM which effective shuts out third parties and alternative platforms like Linux; the ones who artificially inflate prices and wonder why developing countries think it's a lot more sensible to pirate instead -- and then crush them with sanctions and the like; the ones who have destroyed creativity by true artists who are independent who seek alternative outlets to get their music heard; the ones who install rootkits on their computer (as if it's theirs to own and not yours); the ones who abuse the legal system to sue people in cases where they did nothing wrong but can't fight anyways because it would be many times more expensive than settling, or because it would be too humiliating and/or time-consuming to fight; and the ones who, as we see here, have bought out the American government and are using it to take over the world.
I have no sympathy for the executives of MAFIAA labels, or their equally corrupt lawyers who have done this to us -- real people. I'll do anything I can to avoid giving them my money. I'll support the artists though.
I have left slashdot and am now on Soylent News. FUCK YOU DICE.
You would think Spain would be concerned with more pressing matters right now...like their 20% unemployment rate, the tens of thousands of people protesting in the streets, and the likely collapse of their financial system.