The new Penal Code provides for up to six years in prison for ... - RTVE

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The draft reform of the Penal Code Act (download the pdf) proposed by the Justice Department led by Alberto Ruiz Gallardón provides penalties of up to six years in prison for people title pages webs of links, ie, those that offer listings links to content protected by copyright .

This is reflected in Article 271 from the design Justice has sent to the State Council for review prior to approval by the Council of Ministers.

According to this article, shall be punishable by imprisonment of two to six years, fines of 18 to 36 months and prohibition on exercising the profession related to the crime committed in the following circumstances: if there or could have a high profit so serious of events , by value, number or interpretation, among others, of the works available to the public illegally.

if the offender also is part of an organization or association whose purpose is in breach of intellectual property rights or is used to under 18 years to carry out these crimes.

Article adds that if it is a website that offers downloads in Internet content intellectual property rights without the permission of the author , and in order to get a “direct or indirect benefit” – shall be imposed the same penalties listed above. It stresses that even if the users who upload the links to a page specially dedicated to it, the website owner will be responsible.

Also, a court may order the lock access or interruption of the download site and contents withdrawal with which the offense was committed.

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distribution or marketing wholesale of a literary, artistic or scientific by any means without the permission of their authors for entail a benefit imprisonment of between one and four years . This is stipulated in the proposed amendment to another article, 270 of the draft Penal Code.

This article also provides

punish sentences of six months to three years in prison to people seeking a benefit when reproduce, plagiarize, distribute or retail market works in any medium or communicated by any means without permission.

In this line, the hawking (like the famous ‘top manta’) or provide access to these occasional illegal content is punished with imprisonment from six months to two years. Yes, if the judge takes into account the background of the offender and if the economic benefit is not very high, the penalty could replaced by a fine of one to six months or work for the benefit Community of between 31 and 60 days.

These penalties imposed on persons who export or store works, including digital copies, with the goal of being publicly exposed and those who help for this purpose; persons importing works without permission, those who provide works to others looking for a profit.

Finally, the article provides a punishment with imprisonment of six months to three years by the use of technical devices altering computer programs or works , such as chips in consoles -a device that checks out the console or access control technologies, digital rights management, DRM in English-that serve to limit usage of digital media or devices.

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As for fines for crimes that collect both items, in line with Article 288 -, will be between two four times the profit obtained , or could have been obtained if there is a penalty for the offender to two years in prison. In all other cases the fine would double to triple the profit realized.

These measures to protect intellectual property are not the first that occur during the popular government of Mariano Rajoy. The Cabinet has already approved another bill, the reform of the Intellectual Property Law controversial measures such as changing the definition of private copying a new canon for universities.