regulation called ‘Sinde Law’, which specifies how to apply the measures approved two years ago to fight dercargas unauthorized content on the Web, be slightly modified after Supreme Court ruling nullifying part of an article that says that the cancellation of contents is a recognition of a violation.
Supreme estimated partially
While the court’s decision allows hardly any of the demands of these organizations, the High Court itself recognizes invalid phrase of Article 20.2 of Royal Decree 1889/2011, of 30 December, which regulates the operation of the Commission on Intellectual Property, as contrary to law.
This article refers to the action of removing a content-or-allegedly-infringing voluntary withdrawal, and automatic assessment of this behavior as “an implicit recognition of that violation.” That is, according to this article, remove a content (a link to a download) a website after receiving the request of Culture could imply that the responsibility for that website acknowledged that infringe intellectual property rights.
The importance of this nullity is great as the lawyer in the case, Javier Maestre . Speaking to the Navigator, Master recalled that “as drafted the regulation, its enlazabas a YouTube video on your site, you received a warning from the Commission on Intellectual Property and the borrabas fear, was what you were admitting the illegality of the link, and that could be used in other ways like Civil “.
course, the rest of the judgment validates that an administrative body has the power to remove content and terminate web services , which is the aim of the legal amendments planned called ‘Law Sinde.
Association of Internet
, another sentence
On the other hand, almost as another judgment of the Supreme Court entirely rejected the appeal against the same regulations that had been brought against the same regulation also the ‘Sinde Law’ by the Association of Internet Users (AI). The AI ??has already announced that it will turn on under this judgment, which also condemns the association court costs.
According to EFE, the Supreme Court reiterated in this sentence is legal precept called Sinde Law attributed to an administrative body the power to remove content and terminate web services , but has also recalled that judges should be the ones to review the implementation of these measures .
Supreme reasonable judgments both freedom of expression does not prevent “create an administrative body, design the corresponding procedure and adopt a series of measures to restore the legality of the Red, provided that constitutional and legal guarantees established “.
These measures can be taken, as required by the standard appeal, the administrative order outage or removal of content because intellectual property damage, says the Supreme. But also clarifies that the authorities should resort to the judges of Administrative Litigation “to execute the action taken in the event of defaulting to the request made.”
From the Ministry of Education, Culture and Sports has expressed “respect the judgment of the Supreme.” We further note that the judgment of this court is to indicate that the Royal Decree, at its bottom, is set to legality, and their way of handling is impeccable “, sources have informed this Ministry.
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