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Intellectual Property Enforcement

Spanish Government proposes new legislation against file-sharing

13 January, 2010
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This article is also available in:
Deutsch: Spanische Regierung beschließt neues Gesetz gegen Filesharer


The Spanish Government passed on 8 January 2010 the Law for Sustainable Economy which includes the creation of an Intellectual Property Commission (IPC) that will be in charge with filing complaints with a judge in cases of alleged illegal downloading.

The legislation will give the authorities the possibility to shut down file-sharing sites within a few days from the complained filed by IPC. The court is to decide within four days from the complaint whether a certain site is infringing the law or not.

ENDitorial: What the conquistadores can teach us about ACTA

16 December, 2009
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This article is also available in:
Deutsch: ENDitorial: Was uns Konquistadoren über ACTA lehren


When the conquistadores arrived in the Americas, historians tell us that the viruses that they carried caused devastation among the indigenous populations. For the European invaders, who had been subject to the viruses for longer, the illnesses, while still sometimes deadly, were less dangerous than for populations that had not yet been exposed to them.

The new Swedish anti-piracy law stirs things for file sharers

16 December, 2009
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This article is also available in:
Deutsch: Das neue schwedische Anti-Piraterie-Gesetz stiftet Unruhe unter Filesh...


As already foreseen this summer, the Swedish recording industry is using the new anti-piracy IPRED law to chase filesharers.

On 7 December 2009, the Swedish branch of the International Federation of the Phonographic Industry (IFPI) filed a suit with the district court in Stockholm against Direct Connect (DC) file sharing network, trying to force the site to reveal the identity of a user suspected of illegal file sharing.

IPFI has investigated a number of file sharing cases until now but this is the first case they have decided to go to court with. "We want to take one at a time.

Spain discusses shutting down websites without court order

16 December, 2009
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This article is also available in:
Deutsch: Spanien berät über die Schließung von Webseiten ohne richterliche V...


Despite the recent statements of Spanish culture Minister Angeles Gonzalez-Sinde and the warnings received from Commissioner Reding, the Spanish Government announced at the beginning of December 2009 a proposal that may lead to shutting down websites that offer P2P file sharing of music and films, without the necessity of a court order.

The draft law for Sustainable Economy that may come into force in 2010, if approved by the Parliament, includes a modification that introduces an Intellectual Property Commission which will have the power to shut down web sites considered as illegally sharing

Spanish court revokes its decision to shut down P2P-related sites

2 December, 2009
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This article is also available in:
Deutsch: Spanisches Gericht widerruft seine Entscheidung P2P-verwandte Webseite...


A preliminary shut down decision against two P2P file-sharing link sites has been recently overturned by a Spanish court which also fined the anti-piracy group involved in the case.

Two eD2K file-sharing link sites known as Elitelmula and Etmusica were shut down by court order in April 2009 on the basis of an action of by anti-piracy group SGAE.

Spain warned by Commissioner Reding for cutting off Internet access

2 December, 2009
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This article is also available in:
Deutsch: Kommissarin Reding verwarnt Spanien vor der Unterbindung von Internetz...


On 23 November 2009, at the Spanish Telecom Regulatory Authority (CMT) international meeting, Viviane Reding warned that the European Commission could take action against Spain if the government decided to cut the Internet access of file-sharers.

"Repression alone will certainly not solve the problem of Internet piracy; it may in many ways even run counter to the rights and freedoms which are part of Europe's values since the French Revolution," said the Commissioner who reminded Spain that the new telecom package agreed upon in November by the European Parliament and the Council of Ministers

ENDitorial: Mobilizing to Stop ACTA

18 November, 2009
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This article is also available in:
Deutsch: ENDitorial: Mobilisierung um ACTA zu stoppen


The negotiating partners of ACTA have announced that the next round of negotiations on ACTA will take place in Mexico in January and have promised to conclude the agreement in 2010. As the last edition of the EDRi-gram exposed, the Internet Provisions of ACTA lay down a global foundation for riposte graduée, a global DMCA, and increased authority for border guards to implement an information customs regime. This global secret copyright treaty seems unstoppable, but it stands on some fragile footing.

Not everyone was taken by surprise.

Set backs for Danish and Norwagian anti-piracy groups

18 November, 2009
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This article is also available in:
Deutsch: Rückschlag für dänische und norwegische Anti-Piraterie-Gruppen


The Danish Antipiratgruppen representing the movie and music industries has recently announced it gives up attempts to sue alleged copyright infringers following several defeats in court.

"It requires very strong and concrete evidence to have these people convicted. We simply could not lift the burden of proof," stated Antipiratgruppen lawyer Mary Fredenslund explaining the group's decision.

Out of the four cases of alleged illegal downloading brought before the High Court in one year, three trials have resulted in the defendants being acquitted due to insufficient evidence.

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