- ¿Es importante el ánimo de lucro de las webs? ¿Hay webs que no pueden ser llevadas ante la SS?
Las webs que no tengan ánimo de lucro en su actividad, que no realicen una actividad económica, no pueden ser consideradas prestadores de servicios the information society to the effects of L ey 34/2002 on Information Society (LSSI), therefore fall outside the scope of the Act Sinde, which reaches only providers.
The new Article 158.4 of the IPA indicate that:
"The second section may adopt the means to interrupt a s ervice of the information society that violates intellectual property rights or to remove content that violate these rights if the provider , directly or indirectly, acting profit or has caused or is likely to cause property damage. "
If a blog or website is advertising a service provider and therefore may be required, acting as profit " O " (and the combination here is essential) potential to cause material injury.
Therefore all websites to receive any funding resulting from their activity is subject to this amendment.
So the only sites to be left out are the blogs and websites free of charge and without advertising.
- How will it affect the web of links?
reference links to the websites of , as has been stated repeatedly, we can distinguish between two types of sites.
1 - Those sites that have been prosecuted at some point and have been acquitted by the courts and those that are in the midst of legal proceedings:
The first will be absolutely protected except that the responsible officers of Section II want to commit a crime of corruption, since the judges have already determined that their conduct does not violate the intellectual property, one aspect that can be analyzed by the SS.
The latter shall enjoy the prejudicialidad against the administrative procedure, so neither will be brought to the SS.
2 - Those webs of links that have not undergone any judicial process .
In principle these are the affected, according to public statements by politicians, by the application of the rule. Effectively run the risk that the SS to initiate a case against them and order the closure or removal of content.
While
be seen whether the judge is limited to considering only those aspects that the standard allows (the allocation of fundamental rights of Article 20 EC) to approve the measure and also addresses the merits of the question which is a real possibility, but it depends on the judge.
These sites, if any, may be at the administrative closing and having to resort to the High Court for a review of the administrative act. After that process, probably, the court decides that the act is void and order the lifting of the measures taken.
- Does it matter that the web server is in Spain or abroad?
The scope of the LSSI provides that the same shall apply:
2 - to those established in a state of the European Union and European Economic Area where they concern intellectual property (Article 3 LSSICE )
3 - and those in third countries where its services are directed specifically to the English market and also notwithstanding that can interrupt the service to the intermediary service providers (ISPs such as Telefonica) ( Articles 4 and 11.2 LSSICE )
Therefore, wherever you the server, if the SS decides to remove content or discontinue a service, you can .
In my opinion it is better to be in Spain and their in the procedure to challenge it and obtain a favorable resolution be outside services. If the provider does not appear at the procedure that will also see limited their possibilities for defense.
- Can be brought before the Constitutional Court the law?
Yes, but the procedure is quite limited.
There are two mechanisms in the Constitution that a law be declared unconstitutional, on one hand the question of unconstitutionality and second, the constitutional complaint.
Appeal of unconstitutionality ( Article 162.1 of the Constitution ):
"To bring the constitutional challenge, the Prime Minister, the Ombudsman, fifty Deputies, fifty Senators, the Executive body of the Autonomous Communities and, where appropriate, the Assemblies of the same. "
incontitucionalidad Question ( Article 163 of the Constitution ):
When a court considers, in a process that a rule with the force of law applicable to the case, whose validity depends on the fault, may be contrary to the Constitution, raise the matter before the Constitutional Court in the cases, as with the effects established by law, in no case be suspensive.
Therefore only such persons and in such cases may arise. Are not valid Initiatives taken by private citizens or organizations.
Although in this case the most viable is that in the first procedure that comes raises the question of unconstitutionality before the judge to resolve.
Source:
REACTION It is needed now is to develop subsequent political action, ie to crystallize in the physical territory using the Internet we can think together.
The proposed project is to develop citizens' initiatives by self-organization of independent territorial cells, replicable, non-profit, non-exclusive territorial whose work is to propagate the ideas of the text of regional nolesvotes.com and concrete actions.
planned system will have a mainland organization and content:
* As a continent we will use all means free, as free as possible that offers the Web: Google Groups and Flickr, for example. Personally I do not use Facebook because of legal terms, but if the coordination of a cell, for example, in Potes, Cantabria, want to do, there is no problem (each group organized itself.)
* Regarding content, there are two basic issues: Providing a cell who argue that we prepare thoroughly studied Sinde Act and prepare an advocacy action plan in the territory. Be objective, among others, panel discussions and campaigns of the three political parties PP, PSOE and CiU have passed the Law Sinde.
Within the continent and through information flows that are generated between each and every one of the cells will all go learning. As is natural in the networking world, no one will represent none but themselves. The existence of the Internet makes it unnecessary to traditional representation, and a citizen and can represent yourself without using an outside voice.
measurement of project success is not measured in the election result, but in learning we get from public use of the networks. In short, this is going sharpening and an essential tool to alleviate the very serious democratic deficit that characterizes the English society. In the words of Eben Moglen: "We win."
[More coming soon.]
http://derecho-internet.org/node/554
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