Judge considers (in Spain) that files available for dowloads involving works protected by copyright are permitted 2

And so the judge concluded that P2P networks are only transmitting data between users of the Internet itself then does not infringe the intellectual property laws. They would be “inventory” of files that are not protected, or they had their rights prescribed, and others are copyrighted but not members of the SGAE. The arguments, as noted, are quite distinct from the long sentence that granted an injunction in precisely the opposite sense in a region of Paraná. (More details at: http://www.conjur.com.br/2010-mar-17/juiz-espanhol-compartilhar-arquivo-trocar-fitas-cassetes2
By Fabiana Schiavon)
Judge Raúl García-Orejudo, Barcelona, believes that peer-to-per (P2P) are comparable to, years ago, the exchange tapes, as was the case until the 90th, and then configure simple exchange of files between individuals without the objective direct or indirect of profit. It was filed by the Sociedad General de auto y Editores (SGAE) v Jeush Calderon, the author of the site “El Rincón de Jesus”, which offers movies, music and posters for download. The defense by Calderón argued that the site is not intended to profit, and only provide access to links like eMule, the software that makes it possible for download through the P2P network type.
Comment:
The debate is intensified with the approach of adopting the new law on information technology with the creation and implementation of the National Culture Program and – in view of all this, the reform of the Copyright Law. In fact the arguments of the Spanish judge would not be contrary just because he says there is no harm to protected works. He does not seem to go against the Law. The problem is how he interprets the facts and so then it applies the law. Para ele não há sequer obras protegidas sendo violadas, ora porque não há mais direitos sobre elas (caíram no domínio público) ora porque as obras protegidas não são de titularidade de quem o autor da ação representa.  The rguments that could effectively oppose the brasilian decision (of Paraná) refers to the technical analysis on the “linkage”… if to link in a site that allows dowload creates a liability or not …
Angela Kretschmann

About the book: Intellectual Property – tensions between capital and society

Book for understanding the contradictions that are being faced by the Industrial Property in its foundations. As stated by Fábio Villares, introducing the work. He said the system of industrial property acquired great importance in recent decades, and great discussions also arise in divergence and contradictions. The conclusion is that the current discussion on IP is to “go beyond technical aspects to the extent that appear to influence the rate and accumulation process, the very creation and dissemination of culture in its broadest sense! (p. 10). The research presented in about a year, the team of IISS (Institute for International Economic Studies), and was transformed into a workshop and book, and involved the discussion of the ramifications of IP with the accumulation of capital and the cultural diffusion. Draws attention to the fact that currently there seems to be “perplexed distress widespread in society, due to the triviality in the granting of patents and copyrights, and particularly the tightening of restrictions proposed by the SPI (system property) in fields up so little accustomed to these types of control, and a copy of sections of publications, and play music and videos, the use of excerpts of works and studies in your own work, and so on “(p. 11)
Details of this debate can be seen in the lectures of Alexander Farmer, Carlos Correa, Daniela Battle Trettel, Gilberto Dupas, Imre Simon, Konstantinos Karachalios, José Manuel Quijano, Marilena Lazzarini, Maristela Basso, Said Miguel Vieira, Roberto Jaguaribe, among others. The main discussion, however poses the question of the protection system being discredited and accused of hindering innovation in various fields and to obstruct the creation and diffusion of knowledge, and so far, would serve to justify the existence of the protection … It is a critical look at the Intellectual Property that are worth seeing, if you want to keep their pillars, seeking the necessary balance to the fundamentals remain effectively making any sense! The book, released in 2007, is supported by the Ford Foundation, and is edited by Paz e Terra.

Judge considers (in Spain) that files available for dowloads involving works protected by copyright are permitted

And so the judge concluded that P2P networks are only transmitting data between users of the Internet itself then does not infringe the intellectual property laws. They would be “inventory” of files that are not protected, or they had their rights prescribed, and others are copyrighted but not members of the SGAE. The arguments, as noted, are quite distinct from the long sentence that granted an injunction in precisely the opposite sense in a region of Paraná. (More details at: http://www.conjur.com.br/2010-mar-17/juiz-espanhol-compartilhar-arquivo-trocar-fitas-cassetes2
By Fabiana Schiavon)
Judge Raúl García-Orejudo, Barcelona, believes that peer-to-per (P2P) are comparable to, years ago, the exchange tapes, as was the case until the 90th, and then configure simple exchange of files between individuals without the objective direct or indirect of profit. It was filed by the Sociedad General de auto y Editores (SGAE) v Jeush Calderon, the author of the site “El Rincón de Jesus”, which offers movies, music and posters for download. The defense by Calderón argued that the site is not intended to profit, and only provide access to links like eMule, the software that makes it possible for download through the P2P network type.
Comment:
The debate is intensified with the approach of adopting the new law on information technology with the creation and implementation of the National Culture Program and – in view of all this, the reform of the Copyright Law. In fact the arguments of the Spanish judge would not be contrary just because he says there is no harm to protected works. He does not seem to go against the Law. The problem is how he interprets the facts and so then it applies the law. Para ele não há sequer obras protegidas sendo violadas, ora porque não há mais direitos sobre elas (caíram no domínio público) ora porque as obras protegidas não são de titularidade de quem o autor da ação representa.  The rguments that could effectively oppose the brasilian decision (of Paraná) refers to the technical analysis on the “linkage”… if to link in a site that allows dowload creates a liability or not …
Angela Kretschmann