called ‘Sinde Commission’, responsible for deciding the removal of content communication and supposedly ‘pirates’ at the request of the owners of copyright, faces a criminal complaint accused of administrative malfeasance have dictated resolution totally opposed to a court decision on the same case, and almost simultaneously .
website administrator Multiestrenos links saw a month ago how, in one day, Justice mentioned own case by not considering the communication link as public – must, so far, to consider crime this activity-and the Ministry of Culture otherwise resolved that is, it does involve an infringement of intellectual property through a resolution of the Second Section of the Intellectual Property Committee (IPC), known as the ‘Commission Sinde.
Now, his lawyer, David Bravo, has announced that it has been admitted a complaint against members of the ‘Commission Sinde’ for a crime of administrative malfeasance.
By a ruling, the judge orders among other measures to provide a copy of the file processed by the Second Section of the ICC . In those minutes names appear officers signed the resolution , a fact that ensures that Bravo does not appear in the copy of it sent to your customer.
In any case, the complaint has been filed against the person who holds the presidency of Section Two – Teresa Lizaranzu Perinat – and against a total of eight members , and substitutes thereof. The identity of those revealed by this newspaper last year, remained secret under the cover, according to the Ministry, of the Organic Law on Data Protection.
Arguments
According to the text of the complaint, statements are many who believe that the activity does not involve public communication link content (although there are some exceptions, such as the judgment of the Court of Vizcaya condemning those responsible for fenixp2p.com and mp3-es.com in 2011) and, therefore, not a crime.
The complaint also explains the origin of the ‘Commission Sinde’, which he describes as “a body set up specifically to act against non-infringing pages declared intellectual property judges and based it in interpreting and applying the same laws as opposed to these “.
plaintiff argues that the resolution of the Committee on Culture is “arbitrary” and contradicts previous resolutions of the same organ . He claims that to date are considered to websites middlemen links, non-infringing of intellectual property, provided that housed the works. In this case, solve the reverse: the links are public communication.
also highlights “the decision not to suspend the administrative procedure the Commission even though it knew that the fact was being analyzed and judged on a priority.” Finally, remember that the Commission itself, knowing that there is a criminal proceeding, the court asked whether there prejudicialidad but issued a decision without waiting for a reply .
Therefore, the arguments of the complainant are summarized that “the resolution of a court has been disallowed in its foundations on the day of its adoption by a decision of an administrative agency and a citizen has received so almost simultaneously two resolutions opposing each other in every way. “
“The events described have criminal implications, to be serious indications that its protagonists have made a decision knowing absolutely arbitrary injustice and holding in his arguments absolutely outrageous,” says the text of the complaint declared admissible.
Sources
Ministry of Culture informed WORLD that so far have not received any notification from the court.
All this happens at the gates of a controversial reform of the Criminal Code that will substantially change the intellectual property crime and harden its corresponding punishment. The reform about to begin its parliamentary, felon with up to six years in prison or facilitate the activity of sites link to unauthorized downloading of content protected by copyright, with one notable exception: the search engines.
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