The Litigation Division of the National Court, just invalidate the Ministerial Order governing since 2008, digital canon, namely the private copying levy, having resolved favorably on a lawsuit filed by the Association of Internet following the declaration of illegality of digital canon by the Court of Justice of the European Union.
The Judgement of the High Court referred to the Ministerial Order establishing the rates for recovery of fair compensation for private copying and the equipment, apparatus and media subject to the payment of such compensation.
Important is to emphasize the High Court declared invalid on the Ministerial Order and that this does not mean nullifying the Canon. That is, the invalidity does not concern the content of the Order but by some formal defects in the manufacturing process. Specifically, the report highlights the absence of the State Council and of supporting and economic reports. As a result of these defects, the High Court considered that "the said Order is affected by radical vice determines its nullity."
But the ruling by the High Court has not directly led to the suspension thereof. The fee is maintained because both the directive forces to establish compensation as their regulation in Intellectual Property Law still valid.
other hand no obligation to return the proceeds. With regard to this point the Association of Internet seem incongruous not to collect the money which they say has been wrongly paid. More so when organizations such as Consumers Union overlapping require repayment by the idea that there has been illicit enrichment.
The only substantial change, although subject to appeal because the Judgement is not final, is that from now charges apply 2006 instead of 2008.
Therefore the government must make several modifications. You must modify the rules null and adjust the fee digital Judgement of the European Court of illegality. All these changes will not alter the implementation of the order, ie without suspending after the High Court found that formal defects.
Given these changes that affect us all, even in our area that the toilet has come a defender who has been a moral victory for managing societies, specifically the SGAE. A recent decision of the Audiencia Provincial de Barcelona has been about the direct download Web pages, play online (streaming) or download links to p2p networks audiovisual content.
The court, which issued a curiously the first decisions a business exempt from payment of Canon, now understands that both direct downloads and streaming mean "make available the works affected," thus recognizing that violate intellectual property rights of authors.
addition, the court attempts to limit the exchange between individuals, stating that provide links to downloads on p2p network, although it is a violation of these rights, it is a way to contribute.
the absence of higher authorities confirm this, the Judgement presents a course of doing is going to be indiscriminate to todosd users, something forbidden in advance for the European Union Court.
Medical Writing Published in the Tuesday, March 29, 2011. Number 1427. Year VII.
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