Linked by Thom Holwerda on Thu 23rd Dec 2010 00:10 UTC, submitted by SReilly
In the News "Spain last night killed a controversial anti-P2P bill that would have made it easier to shut down websites that link to infringing content. The move was a blow to the ruling Socialist government, but it may be of even bigger concern to the US, which pushed, threatened, and cajoled Spain to clamp down on downloading. And Wikileaks can take a share of the credit for the defeat."
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RE: Not just anti-P2P
by Damnshock on Thu 23rd Dec 2010 10:59 UTC in reply to "Not just anti-P2P"
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I'm spaniard and I've been following this issue with great fear. Do you remember this Simpsons gag when they use a paper clip to join a law to another to get it passed? This is what happened here. They joined the law to a kind of economy adjustment law. Who can be against tweaking the government expending in this crisis times?

Besides, P2P is legal here. They taxed CDR, CD recorders, CD players, HDD, computers, MP3 players, anything that can be used to play, record or copy any multimedia content. With the law in the hand, you have to get rich AND provide the content to be doing something illegal. A torrent site? Perfectly legal. Using torrent, emule, amule, whatever? Perfectly legal also. So each time they get a torrent site admin to the judges, they found them not guilty and let them go.

Well, guess what... they tried doing a bypass. And a big one, too: the "antiP2P law" was so lax, so unexpecific, even a common blog on politics could get closed with it and they could do it withought asking a judge. This goes against constitution, against law, against common sense, and would put it at the same level of Iran in terms of censorship and citizen rights.

Big THANK YOU to Madding and Wikileaks for blowing the wistle and helping us against this madness.

I live in Spain too(I don't consider myself spanish, that's another story though ;) ) and I would like to comment some things:

P2P is legal almost everywhere. What is not legal in many places is the sharing of copyrighted material without consent.

Next: file sharing is not "perfectly legal" in Spain. It is something called, in the law world, "alegal" which means something is not regulated nor prohibited. To give a weird example: it is legal to say something because you have the right to free speech but... would it be legal to kill an e.t.? Right now, with the law in hands, that would be "alegal".

Now, the tax thing. This is what troubles me more. What is know here as "canon" IS NOT A TAX!!! it is not for the government nor for the cities or any public organization you may think of: it's for a private organization known as SGAE(kind of RIAA in Spain)!!! This is the key to the whole problem: the cannon is applied everywhere and to everyone and it is all in benefit of a private organization and not us as people/country.

Wanna know a funny thing? 80% of the money the canon gets comes from *the Spanish legal system*. Yes, you read it right. The court recordings, the backups... everything which is obviously not copyrighted material is what gives SGAE almost all it's money and we are paying it all with our real taxes!!!

What has worried me the most is that the political parties that brought this bill down changed their mind because it was exposed by wikileaks (I know, strictly speaking I'm guessing) and not because it was *WRONG*. As wrong as when they got the canon in the first time (although I must admit the canon is something that comes from the cassette times...).

I want politicians that have *integrity*. Politicians that are capable of standing up against external pressures (be it the USA or whoever) and do what is right.

I know I'm dreaming, still, a good dream ;)

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