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Pirate Site Blockades Violate Free Speech, Mexico's Supreme Court Rules (torrentfreak.com)

Posted by BeauHD on from the law-abiding dept.

New submitter happyfeet2000 quotes a report from TorrentFreak: Broad pirate sites blockades are disproportional, Mexico's Supreme Court of Justice has ruled. The government can't order ISPs to block websites that link to copyright-infringing material because that would also restrict access to legitimate content and violate the public's freedom of expression. The ruling is a win for local ISP Alestra, which successfully protested the government's blocking efforts. Alestra was ordered to block access to the website mymusiic.com by the government's Mexican Institute of Industrial Property (IMPI). The website targeted a Mexican audience and offered music downloads, some of which were shared without permission. "The ISP was not pleased with the order and appealed it in court," reports TorrentFreak. "Among other things, the defense argued that the order was too broad, as it also restricted access to music that might not be infringing." The Supreme Court of Justice of the Nation heard the case and ruled that the government's order is indeed disproportional.

35 comments

  1. Justice by amiga3D · · Score: 2

    Who knew that logic and common sense could win out? Congratulations to the brave ISP that defended it's rights.

    1. Re:Justice by ls671 · · Score: 1

      Looking at the big picture, some could see a relation with a wall some have been talking about.

      --
      Everything I write is lies, read between the lines.
    2. Re:Justice by Anonymous Coward · · Score: 0

      Who knew that logic and common sense could win out?

      And with Mexico's corrupt government no less.

      Ah well, at least down there your American social security check will cover all expenses and still leave some change in your pocket

    3. Re:Justice by aussie_a · · Score: 2

      It's a sad day when Mexico becomes a bastion of free speech.

    4. Re:Justice by fyngyrz · · Score: 2, Funny

      Yes, exactly what I was thinking: "blocking pirate sites violates free speech" may be an archaic form of Spanish meaning "fuck your wall, you tangerine-faced moron."

      I confess it's been a while since I refreshed my fluency in Spanish. But still. :)

      --
      I've fallen off your lawn, and I can't get up.
    5. Re: Justice by ArmoredDragon · · Score: 2, Insightful

      No, what happened here is that the drug cartels didn't care one way or another how this rolling went, so normal judicial processes were followed for once.

    6. Re:Justice by Anonymous Coward · · Score: 1

      Just at the time that Trump is threatening to abrogate NAFTA, the Mexicans decide to take a stand against US interests in protecting the revenue streams from certain kinds of intellectual property. Funny how that works.

    7. Re:Justice by Anonymous Coward · · Score: 0

      Why, exactly? Mexico isn't exactly a country I associate with oppression and stifling of free speech. At least, there are many better examples ...

    8. Re:Justice by Anonymous Coward · · Score: 0

      This is how the internet was intended to be, even when it was first invented by Mr.Trump, free and open.
      Good job Mexico.

    9. Re:Justice by kamapuaa · · Score: 1

      It's sad that people conflate free speech with pirated episodes of "The Flash, Season 3, Episode 19."

      Free Speech is important because it allows the distribution of Thomas Paine's "Common Sense" or the Federalist Papers. Saying that obviously Free Speech means you don't have to pay content creators cheapens the value of Free Speech into something people don't consider a right.

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
    10. Re:Justice by Anonymous Coward · · Score: 1

      It's sad when people make up phony words like pirating, when the real word for what is actually happening, sharing, is still a perfectly good word.

      My grandfather, who used to distribute copies of other people's classical music back in the 1930s and 40s as far as he could to share his pleasure, would be disgusted by you. He was Greatest Generation, indeed.

      You? You're a language thief.

    11. Re: Justice by Anonymous Coward · · Score: 0

      Mexicans don't speak actual Spanish, or even the version of Spanish spoken in most Spanish Speaking countries. Mexican Spanish is a low class "gutter" dialect that became mainstream due primarily to lack of education or strong culture, and is recent enough that there isn't really an archaic version.

    12. Re: Justice by Anonymous Coward · · Score: 0

      Go there and talk shit about a cartel or local Official. If they ever find the remains if your mutilated corpse, you might even make the news.
      Free Speech my ass.

    13. Re:Justice by Anonymous Coward · · Score: 0

      If you don't want to call it pirating, sharing still isn't the correct word. Copyright infringement is much more accurate.

    14. Re:Justice by Anonymous Coward · · Score: 1

      No, that's not accurate either. Sharing is good, normal human behavior. Very few people have the amount of money the copyright holders in their darkest dreams want to squeeze from us.

      Make the law fair again, and copyright will deserve respect. But since the U.S. and its laws are bought and paid for, copyright no longer has any legitimacy. To me, and millions like me, the word no longer means anything. Infringement doesn't exist, because copyright is imaginary.

      Greed, versus sharing? I'll take sharing any day.

      Sometimes, the law is an ass. This is one of those times.

    15. Re:Justice by Anonymous Coward · · Score: 0

      An Old English word for it was sæsceaða. Meaning "one who takes another's work without permission" first recorded 1701; sense of "unlicensed radio broadcaster" is from 1913.

      But don't let facts get in the way of your argument.

    16. Re:Justice by davesays · · Score: 1

      Really - So without regard to political party - you maintain that anyone from any other country in the world has a right to live in the U.S., but U.S. citizens have no right to live in any other country? That is the current actual standard...

    17. Re:Justice by Anonymous Coward · · Score: 0

      anyone from any other country in the world has a right to live in the U.S.

      Yep. That's exactly what nobody said. People didn't universally say Bin Laden had the right to live here, or even live at all. What you meant to say is "some people disagree with me on immigration", but what you said was "anyone that disagrees with me is unamerican", which is ironically unamerican.
       

      but U.S. citizens have no right to live in any other country?

      Source?

    18. Re:Justice by Anonymous Coward · · Score: 0

      Yes, you're right. That type of word should definitely be applied to the robber barons who steal from the people. Corporate copyright holders could certainly be accurately considered culture thieves, I agree.

    19. Re:Justice by Anonymous Coward · · Score: 0

      How are people in Mexico getting american social security checks? You sound violently retarded.

    20. Re:Justice by Anonymous Coward · · Score: 0

      It is sad when people divert the discussion to avoid seeing the obvious elephants in the room: "oh, lookee, wasn't that Thomas Paine? Hi, Thomas!".

      And the biggest elephant is... yeah, the latest (usually shitty) blockbuster ain't probably free speech, but the point is that the *AAs of the world are willing to run roughshod over free speech and whatever else standing in their business model's way. And they regularly do. And stopping them in doing so is a Good Thing, be it Mexico, Spain or whatever else.

      And oh, btw: to those "surely it's the wall, or the drug cartels, or what". It wasn't the Mexican state -- they wanted the block. It was the Mexican justice slapping the state on the wrist. Working separation of powers. Hey, USA, how's that working for you since Neil Gorsuch?

    21. Re: Justice by Anonymous Coward · · Score: 1

      You don't know what you are talking about. The Mexican judicial process is far from perfect, but as a lawyer for an international IP firm, in my experience the Mexican legal system works better that most people would think.

      Mexican legislation has a long standing tradition of correctly and justly balancing the rights of property holders and public access to culture. That's why in Mexico it's legal to download or copy any copyrighted work as long as you don't intend to profit from it. My sister could afford med school in part because in the National University of Mexico they provide you with free copies of textbooks. It has been like this since the 60s and reinforced with the copyright reform of 96. The Mexican RIAA "Amprofon" has lost countless court and legislative battles.

      On one hand the copyright holder has 100 year protection, on the other hand the law makes an exception for copies made for personal non-profit use. This is quite balanced and the proof of it is the good financial results of the recording and film industry in Mexico.

      It is also noteworthy that software patents were ruled illegal in Mexico, as software is just mathematical functions. There is good protection of trade secrets as a trade off with the lack of software patents. At the same time companies around the world value the strong protection afforded to their industrial property, I know this because that's my field and tons of companies are moving their research centers and factories to Mexico not only because of the low labor costs, but because if anyone steals your IP and makes money of it, the government will shut the offender down in days and make him pay for damages.

      While Mexico does many things wrong, it surely does one of the best jobs in the world in IP legislation. Clients and colleagues in first world jurisdictions often are surprised that the system works so well.

    22. Re:Justice by thegarbz · · Score: 1

      It's sad that people conflate free speech with pirated episodes of "The Flash, Season 3, Episode 19."

      If that's what you understood as the reason for this ruling then your reading comprehension skill is incredibly lacking.

      As in: "Yes" means "No" kind of lacking.

    23. Re:Justice by Anonymous Coward · · Score: 0

      Why, exactly? Mexico isn't exactly a country I associate with oppression and stifling of free speech. At least, there are many better examples ...

      I wouldn't say Mexico is a free speech country where it matters, otherwise those 43 students that were protesting against the government wouldn't have been kidnapped, killed and dumped in a clandestine grave.

      But hey, what am I saying! ..you get to download Biever's latest hits!! yay!!

    24. Re: Justice by Anonymous Coward · · Score: 1

      You mean like US English?

    25. Re: Justice by Anonymous Coward · · Score: 0

      Yes, they should look at the great example of no corrupt governments like the US...oh wait I live in the US and it is corrupt as hell. Hey Pot when you going to look in the mirror -Kettle

    26. Re:Justice by Anonymous Coward · · Score: 0

      anyone from any other country in the world has a right to live in the U.S.

      Yes. That is the essential American perspective.

      but U.S. citizens have no right to live in any other country

      The quick answer: Unknown/irrelevant. I don't think (nor care) about peoples' rights in other countries.

      The deeper, well-considered answer: yes, I think U.S. citizens probably have a right to live in those countries, but I've heard that some other countries might have unfair laws intended to prevent it. I wouldn't be surprised to learn that our immigration laws aren't the worst (nor the best).

    27. Re: Justice by Anonymous Coward · · Score: 0

      Oppressive government practices paid for by the US tax payer. Merida initiative.

    28. Re: Justice by Anonymous Coward · · Score: 0

      I got a better word for you, it's called bullshit. The idea that you can't share what someone else gives to you or you obtain, because someone feels they have an ownership of ideas and deserve compensation for every time you share it is bullshit.

  2. So Mexican Free Speech by Anonymous Coward · · Score: 1

    So Mexican Free Speech.
    Since there is no Universal Free Speech Law.

  3. ISPs like piracy because customers pay more for by Anonymous Coward · · Score: 0

    ISPs love piracy because they can sell more of their product - it's not them losing money if some creator doesn't get paid.

  4. Great timing :-) Happy birthday to me! by gwolf · · Score: 1

    Several activities were carried out this week to celebrate "Intellectual Property day", April 26. I usually complain that it falls just a day before my birthday.
    This time, our never-beloved-nor-believed judicial system granted me a very welcome birthday present. Thanks!

  5. Alestra? by Anonymous Coward · · Score: 0

    Isn't that the one that causes anal leakage? (Mexican stereotypes aside)

  6. Que? by fyngyrz · · Score: 1

    you maintain that anyone from any other country in the world has a right to live in the U.S., but U.S. citizens have no right to live in any other country?

    No. However, I maintain that Trump's wall is one of his stupidest ideas.

    That's English for "Trump's wall is one of his stupidest ideas", BTW.

    Which is not to say that most of his other ideas aren't stupid, because they really, really are. But the wall is special. Like Trump. Short-bus special. Profoundly without merit while at the same time comprising a financial boondoggle of titanic proportions, at the very same time when the country's actual useful infrastructure (not in any way to be confused with border "walls") needs money and effort.

    So without regard to political party

    Oh, yes. Completely without regard to political party. Just in regard to Trump and any bewildered sycophant who thinks building that wall is anything but a complete waste of time, effort and money.

    Also, I like vegetables. So I'm rather appreciative of the workers who pick them. No matter where they come from. I like tacos, too. I would not be in the least bit offended by a taco truck on every corner. Especially if they offered a nice selection of vegetables, but, you know, either way, really.

    U.S. citizens have no right to live in any other country

    Hmmm. That's a very... interesting... postulate. Let me guess: you live in one of the states that has legalized pot, and you just got back from a test run of every heavy-hitting variety offered, is that it? Did you know that at some taco stands, I've been able to buy Fritos? FRITOS! Lovely, crispy corn chips! And Soda! MMMMMM! Don't Bogart that joint, my friend. Pass it over to Juan.

    --
    I've fallen off your lawn, and I can't get up.
  7. TorrentTroll by Anonymous Coward · · Score: 0

    Fake News site shouldn't be trusted