magistrate court number 2 in Madrid admissible a criminal complaint for an alleged case of corruption against known as the ‘Commission Sinde-Wert ‘, the organ that handles complaints against websites that host copyrighted material allegedly copyrighted.
The object of the complaint filed by attorney Intellectual Property expert, David Bravo , is an order issued under Section Two of the Intellectual Property Committee of the Ministry of Culture (ICC) last September 2 against the responsible multiestrenos.com, a website with links to torrent files of movies and series, among others. The resolution included a alleged “violation of intellectual property rights ” against three works and considered the fact this is a link submission.
That same day, the magistrate No. 4 of Bilbao ruled provisionally dismiss another complaint to another page of links, mejortorrent.com (which featured web pages or tomadivx multiestrenos.com. com, etc.), for having committed “presumed criminal.” The court found, in its resolution released by Institute Author, that the perpetration of the crime against intellectual property did not appear “sufficiently justified” and considered the opposite of the ICC, which is not public communication link.
class=”ladillo”>The current complaint
is directed against members of the Commission on Intellectual Property , chaired by Teresa Lizaranzu , and against eight members and alternates who compose it, which identity can not be revealed. It is, containing the text of a composition “citizens secret” because no evidence “in any official gazette appoint its members” and broadcast would be “a violation of the Organic Law on Data Protection”.
Bravo argues that the two resolutions-the court of Bilbao and the CPI-”received on the same day to within a few hours of each other are absolutely opposite in every one of its legal bases “.
In this regard satisfied that the decision of the Commission on Intellectual Property is” an intentional act of overlap judicial organs are instructing a cause and its resolutions “. According to the lawyer manifests in the context of the complaint, the commission “was born primarily for rapid closure or withdrawal of administrative content” page of links, “although judicial decisions [in earlier decisions] were, very homogeneously, favorable to these “.
Bravo
argues the complaint and issued resolutions have been dropped in previous cases against websites of links: “The common denominator of the argument of the above resolutions is that a link is a mere string of alphanumeric characters is indicating where content but do not reproduce or publicly communicates. “
torrent files are not content itself , but information-metadata-that help you locate different parts of the final file from different web hosts. This is one of the modalities of P2P-a ‘network of pares’-ie sharing files on the computer’s hard disk for each user and that you choose to share.
self Madrid court has had access to RTVE.es considers that the facts alleged by Bravo may be “constitute a crime of administrative malfeasance”. So the judge has initiated preliminary proceedings and requested a copy of the file processed by the Intellectual Property Committee.
Meanwhile, sources from the Ministry of Culture have informed RTVE.es that have not yet received any notice and appreciate it once may have studied.
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