Tuesday, January 25, 2011

PP agreed between government and a 'law Sinde' with more legal warranties

Sinde law will get through the Senate. Will, according to the Executive and the Popular Party in the Senate, thanks to an agreement between the Government, the PPy CiU, which has sealed a joint amendment after several weeks of negotiations following the bump suffered by the norm in Congress in December.

The reformulated text introduces greater fair trial since the beginning of the process that will allow the closure of sites serving unauthorized content subject to copyright. In addition, PP and PSOE have introduced an allusion to the so-called digital canon (the duty to which a priori any device or medium capable of reproducing or copying a file or document): "The Government, within three months after the entry into force of this Act, by Royal Decree and in full conformity with the regulatory framework and jurisprudence of the European Union take action to change the regulation of fair compensation for private copying.

" [Read here the new amendment, PDF] In light of the first reactions, the amendment of consensus seems to be content or industry, or creators or Internet. Thus, the director and president of the Academy of Cinema, Alex de la Iglesia, one of the most active in pursuit of an agreement, said: "It would have been better to start from scratch.

It is a law that from the beginning has been very unpopular. " For his part, Javier de la Cueva lawyer says: "As regards the period it takes to decide on a website, the average is two months. It is impossible to be four, or nine or ten days: you take over the roles in going from one court to another.

You can put a shorter period, but reality will prove the facts: that the judicial proceedings in Spain can not be so fast for one simple reason, because justice can not afford " . In the new version, the judge involved from the outset of the process (which, according to initial estimates, could be extended for at least 17 days), where the special intellectual property and has received a complaint that require data such as who is responsible domain, how many users have or other matters subject to confidentiality: "The bodies (...) in order to identify the service responsible for the information society is making the conduct alleged violations, may require providers services of the Information Society the transfer of data to allow such identification so that they can appear in the proceedings.

Such request shall require prior judicial authorization (...). Once the authorization, providers will be required to provide the data necessary to carry out identification, "says the new amendment. "A law that innovates" Facing criticism from artists and Internet users, the Minister has defended the new standard in a Senate hearing: "It is a law that innovation is a model different from the surrounding countries in which pursued by the user.

I am sure that when you start work you will see that it will not pose a threat to anyone using the Internet. " Gonzalez-Sinde did not want to enter the disqualification of the law by Alex de la Iglesia: "The president of the Film Academy has made a remarkable effort to bring positions closer," he said.

On the negotiations with the PP, the Minister has stated that it has been very "constructive partner" and thanked "especially" Soraya Sáenz de Santamaría (the PP spokesman in the Congress of Deputies) its "ability to provide solutions" . As for the amendment including digital canon, Gonzalez-Sinde believes that "there is a defeat for all.

Reaching consensus is always a victory for the citizens." The minister explained the procedure to be followed and said that the implementation plan will be as short as possible and that the new wording is a strengthening of the safeguards that already exist and are protected as free Internet expression.

ID within 24 hours of Culture spokesman PP, José María Lassalle, stressed in statements to Europa Press that his group has reached an agreement with the PSOE and CiU to agree after the standard provided by its request that the offender intellectual property rights to be identified within 24 hours, "according to the criteria from the beginning has maintained the PP." "The procedure is extremely fast, within 24 hours the user is identified in court as if it were a writ of entry into a home, and the whole procedure is priced for a very short period occurs protection of property rights attesting intellectual when laws are being violated, "said Lassalle.

The agreement ends more than a year of dealing with a regulation that was introduced as a final disposition to the Law of Sustainable Economy (LES) and whose process has been punctuated by controversies, confrontations with the Red and missteps. This morning, María Dolores de Cospedal, PP Secretary General had said in remarks to be a willingness of his party to the agreement.

As of now joint amendment reach the Senate Finance Committee and then pass the House, probably in February. Senate again with the rest of the LES to the Congress of Deputies, where end processing.

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