p2pnet - rss feed: New Spain p2p file sharing law
p2p news / p2pnet: Spain has moved against “unauthorised” p2p file sharing.
A new law enacted last week makes it a criminal offence for ISPs to ‘facilitate filesharing,’ says Webuser, going on:
"Added to this is a tax on recordable digital media, such as blank CDs and DVDs. The tax will go into a fund which will be shared among copyright holders to compensate for piracy."
But, the story goes on, according to a European Commission statement, "The logic of levies would also have to be applied to broadband and infrastructure service providers including telecommunications providers that carry content.
“If this were to happen, levies would proliferate and there would be a serious risk of a backlash against the rights holder community and consumer welfare.”
TMCNet says the new law, approved by Congress on Thursday, “toughens previous provisions. An early May circular from Spain’s fiscal general del estado, or chief prosecutor, allowed downloads for purely personal use.”
Now Spaniards caught downloading, “from, say, eMule, will have to reimburse rights holders for losses - although such losses will be difficult for authorities to track”.
(Thanks, Tito)
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Also See:
Webuser - Spain bans file-sharing, June 29, 2006
TMCNet - Spain outlaws P2P filesharing, June 27, 2006
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First they ignore you, then they laugh at you, then they fight you, then you win - Mohandas Gandhi
June 29th, 2006 at 6:47 pm
The Spaniards are playing games with the copyright cartels: Give them what they want, even if it is useless.
Clearly, no ISP can stop the sharing of files. That is all the Internet does, sharing of files which are downloaded to the computer by a browser.
Now, if what is prohibited is the ISP stop the uploading-downloading of copyrighted material files, then a copyright filter, not yet invented, would be required on the ISP server.
“Now Spaniards caught downloading, “from, say, eMule, will have to reimburse rights holders for losses - although such losses will be difficult for authorities to track”.
So someone downlods a poem or a pdf file through eMule and the author will sue the downloader for his/her losses which are none, as poems and pdf files usually never generate any income. It will never happen.
Or if someone downlods a song through eMule and the record company will sue the downloader for their loss, which is below $1, the record company share of the Itunes price. It will never happen.
A toothless law.
Rafael Venegas
http://www.gvenegas.com