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Welcome to a new conference

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of the subject of ethic, legislation and profession.

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We have a very special guest:

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David Bravo, lawyer expert in intellectual property

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and, now, I leave you with him.

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Thank you, hello everyone, thank you

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for coming to the presentation.

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By the way, I loved the presentation

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made by the delegation of computer science students

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who posted in twitter that you

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do not miss the conference of someone

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who has a facebook group asking

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for him to be Minister of Culture.

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I am at the top as you can see my friends,

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my titles never end.

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Yes, I am basically a lawyer

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specialised in intellectual property and

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for ten years more or less I have been

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working in intellectual property

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issues and defending those who the

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content industry has called

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pyrates and we will later see with the

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results of the legal actions if they

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really are or not and also the legislative

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changes that have taken place about it.

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In this conference,

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we will adress the issue of the

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legal attacks or legal actions

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that have been exercised against the exchange

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of intellectual works through internet

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We will see what is the result of

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this legal actions and how it has

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changed the legislation after the

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sentence that has had a particular

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sign that one part of this strife

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did not like. As in every

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conflict, there are many ways to solve it.

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In this issue about intellectual

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property and in order to sum

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it up,

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I will say that in the issue

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of file transfer, there are two sides

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in conflict. One says

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that this

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can be stop and must be stop

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with a legislation that ought to be

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the most punitive possible in order to forbid

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certain mass and routine habits

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among citizens. And another

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group that believes that

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this apart from being bad, it is

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also impossible to put into practice and

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that we are speaking about trying to stop

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something that, technologically, is impossible

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to stop. Between this two

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movements, there are lots of persons who

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are in between and they take a bit of each position.

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Of course there is a wide

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variety of different possible positions,

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and, without doubt,

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it is the first one, the position that it is being impossed

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in all legislations worldwide.

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With a legislation that it is each day

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more restrictive about intellectual

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property rights and growing more and

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more the penalties for certain acts

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that are pretended to be illegal.

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In the legislation, sanctions are growing

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because it is understood that with

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the ones there were against routine acts

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like transfer of file on internet, it could not

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be stopped. As it was not stopped,

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penalties were increased again and again and

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again as it might be a point where it

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coul be stopped.

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The legal attack started in the U.S.

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back in the time of Napster; I do not

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know if you can remember it. It was 1999

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and Napster was in vogue, Metallica was the

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first group that pointed out at the

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users as being responsible of the

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possible illegalities and since then, since

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1999 and until now, the legal

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battle has not stopped.

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In the U.S. they decided to take legal actions.

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following this

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logic, after finishing with

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Napster, they continued by going

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after the individual users and

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inniciated legal actions against thousands of

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users that exchanged works through

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the Internet and if this action

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showed something, it was that this social

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reality we are talking about was

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much more heterogeneous than what it

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was thought.

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It was thoguht that this was a youthful

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matter or even a temporary

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situation, but when this legal actions

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started, the demanded made clear that

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they were a social mass that,

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although the majority were

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young persons who have grown up with

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the new technologies, it reached to

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all social backgrounds, independently

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of age or social class.

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It was exposed for

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example by situation of Brianna Lahara,

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a twelve years old girl that was

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sue in the U.S. because she

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downloaded music from Internet. It

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was curious how they put the

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top for the compensation. In the

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U.S.

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the plaintiff was RIAA which represents the

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record industry in America

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and what they did was that when

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it came to light the scandal that a kid

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was being sued by the RIAA, the RIAA

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stood up and announced they were going

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to solve it out of cort with

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an agreement, so they asked how much money

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did Brianna LaHara have, as she is a

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twelve years old girl, so they could reach an agreement.

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Of course, the parents and the girl replied that

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she had nothing because she was a kid

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so they asked if the girl had

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any savings for the university

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as you know that in the U.S. it is

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usual. The parents answered affirmatively,

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she had three thousand dollars they

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were depositing in a bank account in

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her name for her university when she

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grows up. So they put three thousands dollars

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as the amount they demanded for an

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out of cort agreement. That way,

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they sended a clear message,

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they were going to ask for all

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the money you had witohut any

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distinction.

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Related to age, another paradigmatic

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case refering to age, so we

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can see the heterogenic group

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we are talking about, is the case of

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Gertrude Walton a grandmother tha surprisingly

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was sued for downloading rap music, which

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is strange. It was a weird situation that was

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shown in the press,

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a eighty-three years old grandmother

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downloading rap music, her niece

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claimed that it was all

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absolutely impossible, that her

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grandmother had never downloaded rap music

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and she laid on the table two legal

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solid reasonings so that the demand

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ended in nothing. First one was to say

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that her grandmother never liked rap music

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and the second one was that in the moment

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of the incident, her grandmother was

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dead.

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It meant she had an alibi,

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so the legal action

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was stopped, although the message left

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was clear. Identically, this

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legal actions have spread from

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the U.S. to the rest of the globe

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including Spain where legal actions

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have been inicaited against

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absolutely all actors that

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take part in the exchange

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of files through Internet:

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Users, link pages to this

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files as we will see later and

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even the software developers that

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created the P2P program that allows

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the exchange of files, not to

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mention also those who host the

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contents. As you all know the famous direct

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download page of Megaupload that had legal

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actions taken against them. Nonetheless

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in Spain there had also been legal

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actions against the big content

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containers and one of them for

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example is Youtube which in the end is

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nothing more than intermediary that what it

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does is to host content uploaded by its

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own users.

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Of course, in this issue of

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the intellectual property as you see

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there are basically two options and

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between them which are

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either we go to the restriction of this

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habits through the legislative way

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or we accept that this is a reality

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impossible to stop in practice and

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we look for an alternative way

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of remuneration with new business

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models adapted to this new

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reality in those two possible

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solutions among many other.

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Among them we found that the

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industry, previous to legal

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actions and previous to any legal

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reform, as it always is usually done

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and in fact it is called in legal

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doctrine, prelegislative stage. This

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phase has a concrete name in the

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legal doctrine, what it happens always,

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when there is a group of power that wants

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to change a legislation, what they make is

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to present to the legislator a

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reality that recquires of his

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intervention. This is the reason for what there is

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made the

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famous awareness campaigns, those

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awareness campaigns that appear

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in the cinema, in T.V., in the

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radio or even at schools. What they

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make is to present to the legislator a

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reality, a reality painted in a

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specific way, serious

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enough so their intervention it is

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needed.

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Well, in Spain we have passed it and

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we are still in it because it is made

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simultaneously or it never ends that

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awareness phase

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that started officially in 2005. A year

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before, in 2004, in the 21th of June that

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it is the international day for music.

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They went to see the fromer president

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Zapatero, they were a variety of musicians, that

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for me, they are the, probably, less

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representative of the music world, they

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are the best selling artists, probably

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those who less represent the music

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sector. They went there and

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told Zapatero that he had to do

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something about the downloads issue.

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from the perspective of repression,

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meaning, from the perspective of this

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political solution and no other.

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Went there for example Alejandro Sanz and

0:10:50.930,0:10:53.274
David Bisbal, who is now sadly

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present due to what he did

0:10:55.577,0:11:00.957
to Chenoa. And when Zapatero listened to

0:11:00.957,0:11:04.009
the laboral difficulties of David Bisbal and how

0:11:04.009,0:11:05.791
he does not have a stone heart, he

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told them that he was going to intervene and in the year

0:11:09.053,0:11:12.488
2005 the antipiracy plan was adopted.

0:11:12.488,0:11:13.978
The antipiracy plan, what

0:11:13.978,0:11:15.375
it basically did was to

0:11:15.375,0:11:16.995
institutionalised as any possible

0:11:16.995,0:11:21.857
way the repression. In order to

0:11:21.857,0:11:23.858
explain what ought to be done with

0:11:23.858,0:11:25.450
the issue of the intellectual property,

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far from other persons like Stallman

0:11:27.479,0:11:29.972
or Lessig who have a vision about

0:11:29.972,0:11:31.244
intellectual property

0:11:31.244,0:11:33.366
much more opened, the only possible

0:11:33.366,0:11:35.623
vision and the one to be translated

0:11:35.623,0:11:38.432
from all sides was that

0:11:38.432,0:11:40.354
intellectual property must be

0:11:40.354,0:11:42.224
restricted, it means, repress

0:11:42.224,0:11:45.538
this behaviors. That solution was

0:11:45.538,0:11:47.631
released in all communication

0:11:47.631,0:11:49.319
media as only possible way.

0:11:49.319,0:11:52.370
in fact, the antipiracy commission of the

0:11:52.370,0:11:55.017
Culture Ministry, when talks about

0:11:55.017,0:11:56.784
the campaigns calling for

0:11:56.784,0:11:58.931
awareness, it says that last

0:11:58.931,0:12:01.276
campaign, when talking about the last,

0:12:01.276,0:12:03.416
it said that it should be maintained, this campaign,

0:12:03.416,0:12:06.185
for a long time, so it could be

0:12:06.185,0:12:10.020
interiorised by the citizens and that

0:12:10.020,0:12:11.678
the plan of the media in the campaign had

0:12:11.678,0:12:14.303
as objective, to reach the highest number of

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persons, an addecuated number of times

0:12:16.033,0:12:19.434
so that the message can penetrate. It means,

0:12:19.434,0:12:21.619
when we are talking in these

0:12:21.619,0:12:24.612
terms, when we talked in these terms,

0:12:24.612,0:12:26.237
that the message has to be repeated a

0:12:26.237,0:12:28.016
proper number of times so the message

0:12:28.016,0:12:30.120
penetrates. We are far away from

0:12:30.120,0:12:32.051
awareness campaigns and we are

0:12:32.051,0:12:33.873
under pure propaganda and we are talking

0:12:33.873,0:12:35.408
about political propaganda.

0:12:35.408,0:12:38.160
We are talking about sending a

0:12:38.160,0:12:41.283
political message about a possibility to solve

0:12:41.283,0:12:43.148
the problem from a range of different solutions

0:12:43.148,0:12:46.137
and saying that it is the only possible

0:12:46.137,0:12:50.152
solution. This campaigns are made in all

0:12:50.152,0:12:52.999
situations and like two week ago, it

0:12:52.999,0:12:54.805
was voted in the culture commission a PNL

0:12:54.805,0:12:58.606
where it was propose that these

0:12:58.606,0:13:04.027
campaigns were taken to schools,

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something that has previously ocurred, because

0:13:07.181,0:13:08.595
they considered us to be

0:13:08.595,0:13:10.405
the lost generation as they call it.

0:13:10.405,0:13:12.831
This is to say to people that grew up

0:13:12.831,0:13:15.100
in a certain way, that has a

0:13:15.100,0:13:17.631
concrete way fo thinking and a

0:13:17.648,0:13:19.412
immovable way to make things and

0:13:19.412,0:13:22.475
that what it had to be done was to go to

0:13:22.475,0:13:24.549
kids in schools so that from

0:13:24.549,0:13:26.091
the beginning

0:13:26.091,0:13:28.275
they think this certain way from

0:13:28.275,0:13:31.240
the schools. In the Commission of

0:13:31.240,0:13:33.579
Culture of the

0:13:33.579,0:13:36.064
Congress, it was voted a PNL where it

0:13:36.064,0:13:38.330
talked about taking this awareness

0:13:38.330,0:13:40.145
campaigns to schools and it was

0:13:40.145,0:13:44.194
voted favorably by the groups with

0:13:44.194,0:13:46.365
the abstention

0:13:46.365,0:13:49.888
for me indefensible of Podemos that

0:13:49.888,0:13:51.764
voted 'No' in the

0:13:51.764,0:13:54.909
pass legislature, but this campaign

0:13:54.909,0:13:59.063
we can see is not only directed to

0:13:59.063,0:14:00.636
children because we have seen

0:14:00.636,0:14:03.651
each Christmas ther is a campaign of the

0:14:03.651,0:14:05.380
so called for awareness

0:14:05.380,0:14:07.207
i do not know if you remember, it was

0:14:07.207,0:14:09.061
called "Defend your culture", it had

0:14:09.061,0:14:10.613
a slogan specially

0:14:10.613,0:14:15.098
fool, the slogan was "If you are legal, you are

0:14:15.098,0:14:19.442
legal" seriously, I do not know who designed

0:14:19.442,0:14:21.232
the campaign. They can get back the money

0:14:21.232,0:14:23.820
yet but it was that and it had

0:14:23.820,0:14:28.351
a part of contest, really weird,

0:14:28.351,0:14:31.233
where what they had to do was to send

0:14:31.233,0:14:35.124
a message saying how did it affect you

0:14:35.124,0:14:37.035
the so called piracy and they,

0:14:37.035,0:14:41.065
three experts of culture from the Ministry,

0:14:41.065,0:14:43.569
looked at the messages and they three,

0:14:43.569,0:14:47.323
together, they decided which one was

0:14:47.323,0:14:50.215
the best of the month, and published and give

0:14:50.215,0:14:52.986
a present that were two tickets for the

0:14:52.986,0:14:55.062
Prado Museum, which as a git is not

0:14:55.062,0:14:57.326
a big thing, but it could be use for resae or

0:14:57.326,0:14:59.402
whatever.

0:14:59.402,0:15:02.721
That was the gift the contest had.

0:15:02.721,0:15:05.639
So the people started sending

0:15:05.639,0:15:07.265
their message about how they were affected

0:15:07.265,0:15:09.412
by piracy and as we are hearing

0:15:09.412,0:15:11.967
so many strange thing for the issue

0:15:11.967,0:15:15.599
of piracy that the poor moderator

0:15:15.599,0:15:17.632
they had in there in the

0:15:17.632,0:15:19.625
web page was unabke to distinguish

0:15:19.625,0:15:21.528
when they were being serious and

0:15:21.528,0:15:23.705
when they were joking because

0:15:23.705,0:15:25.055
for example, Antonio Guisasola,

0:15:25.055,0:15:29.093
president of Promusicae, it means, the

0:15:29.093,0:15:31.618
we could say

0:15:31.618,0:15:33.221
boss of record industry

0:15:33.221,0:15:37.160
here in Spain, says things like that

0:15:37.160,0:15:39.502
discographies are so

0:15:39.511,0:15:41.677
worried about the internet

0:15:41.677,0:15:43.810
download issue that even the

0:15:43.810,0:15:45.579
street sellers went to Promusica to protest

0:15:45.579,0:15:49.273
for internet downloads, It means that

0:15:49.273,0:15:52.752
in the history of Guisaola seems

0:15:52.752,0:15:54.823
an episode of the "Chanante Hour" is that

0:15:54.823,0:15:57.225
street sellers went to speak with

0:15:57.225,0:15:59.606
Guisaola to tell him "I cannot sell

0:15:59.606,0:16:02.264
pirated discs because they are downloaded from

0:16:02.264,0:16:04.238
Internet" complaining to Guisaola, it means

0:16:04.238,0:16:07.796
if that street seller exists, he is God

0:16:07.796,0:16:09.990
I want him as minister now then.

0:16:09.990,0:16:13.747
Clearly it cost the moderator

0:16:13.747,0:16:15.552
a lot of work to distinguish when

0:16:15.552,0:16:18.215
they were serious and when the

0:16:18.215,0:16:19.849
were joking

0:16:19.849,0:16:22.413
and then it happened that there were

0:16:22.413,0:16:26.366
many jokes and later, "Forocoches" joined

0:16:26.366,0:16:30.459
the game and said "I will try to

0:16:30.459,0:16:33.003
send this message, let's see if it

0:16:33.003,0:16:34.239
is published"

0:16:34.239,0:16:36.245
And clearly, lots did not pass

0:16:36.245,0:16:38.553
because they were too obvious and said I will

0:16:38.553,0:16:42.826
try to send this one and wrote in the forum "Let's

0:16:42.826,0:16:45.872
see, I will say what I was told in

0:16:45.872,0:16:47.903
scholl, I enter and downloaded films

0:16:47.903,0:16:50.566
I got infected by virus and I had to

0:16:50.566,0:16:53.719
change the CPU because virus

0:16:53.719,0:16:59.440
enter the computer processing unit, do not download

0:16:59.440,0:17:01.499
anything because people put bad things

0:17:01.499,0:17:04.289
inside the files and steak your

0:17:04.289,0:17:09.445
data, your photos, your "rotodos" and everything,

0:17:09.445,0:17:18.593
it's legal easily' how was going to pass

0:17:18.593,0:17:21.101
that with a virus that enter the processing unit,

0:17:21.101,0:17:24.483
well it passed.

0:17:24.483,0:17:26.401
It was published in the web page as

0:17:26.401,0:17:27.808
hundreds of similar comments but even

0:17:27.808,0:17:31.479
more, the tree experts from

0:17:31.479,0:17:33.070
the Culture Ministry thought that this

0:17:33.070,0:17:36.034
comment was the best of the month and they

0:17:36.034,0:17:40.076
give him the prize with the two tickets to

0:17:40.076,0:17:43.332
the Prado Museum

0:17:43.332,0:17:45.456
When I saw what had been

0:17:45.456,0:17:48.816
chosen as best, I said I would

0:17:48.816,0:17:50.681
find the one that wrote it and

0:17:50.681,0:17:52.847
I put the message in Google,

0:17:52.847,0:17:55.358
rapidly "Forocoches" "ha ha ha ha" everyone

0:17:55.358,0:17:58.144
laughing and I said, the have sneak them and

0:17:58.144,0:18:01.610
I posted it in my blog and I said, 'lets see'

0:18:01.610,0:18:03.551
the message that won was a joke,

0:18:03.551,0:18:06.306
and I am afraid that this three experts in

0:18:06.306,0:18:08.593
intellectual property are the ones that

0:18:08.593,0:18:09.937
are doing our laws and they did not

0:18:09.937,0:18:13.494
realised it, this is alarming. And then

0:18:13.494,0:18:15.443
they called me from "Público", from the

0:18:15.443,0:18:17.953
newspaper, and the told me

0:18:17.953,0:18:20.694
' I had some declarations about what

0:18:20.694,0:18:25.764
you have uncovered about the general

0:18:25.764,0:18:27.873
Director of Policy and Cultural

0:18:27.873,0:18:29.864
Industry explaining this situation'

0:18:29.864,0:18:31.915
So i got scared a bit, because I may

0:18:31.915,0:18:34.621
have put my foot in it or something and I said 'well

0:18:34.621,0:18:36.500
tell me what are the declarations and

0:18:36.500,0:18:38.434
I reply them'. He said that

0:18:38.434,0:18:41.212
the declarations were 'The only thing that

0:18:41.212,0:18:43.016
demonstrates that this message has won

0:18:43.016,0:18:47.072
is that the system is transparent, there is no

0:18:47.072,0:18:49.720
censorship and that we are dedicated to

0:18:49.720,0:18:55.258
control web pages' 'Ok, yes

0:18:55.258,0:18:59.426
it does demonstrate that and also demonstrates

0:18:59.426,0:19:00.995
that they have been sneaked until it has

0:19:00.995,0:19:03.112
reached the top, you are telling me that

0:19:03.112,0:19:07.443
there are three experts in the ministry of

0:19:07.443,0:19:09.196
culture that thoguht that virus

0:19:09.196,0:19:11.000
get into the processing unit and steal your

0:19:11.000,0:19:14.790
"rotodos" then we are lost'

0:19:14.790,0:19:18.044
The pont is that when I start reading

0:19:18.044,0:19:21.725
what the comission says about the

0:19:21.725,0:19:23.931
campaigns, they explain something that got

0:19:23.931,0:19:25.500
my attention and it is that communication

0:19:25.500,0:19:28.659
media insert this messages in

0:19:28.659,0:19:30.408
their advertisement and the

0:19:30.408,0:19:34.115
majority do it for free,

0:19:34.115,0:19:36.124
it means that Telecinco, Antena3, the private

0:19:36.124,0:19:38.177
T.V. channels, take this campaigns

0:19:38.177,0:19:39.879
elaborated by the Ministry of Culture and

0:19:39.879,0:19:43.172
they put them in their schedule for free and

0:19:43.172,0:19:47.395
it is normal inside the

0:19:47.395,0:19:49.750
enviroment that is created when talking

0:19:49.750,0:19:52.623
about new technologies in general, not

0:19:52.623,0:19:53.954
just Internet.

0:19:53.954,0:19:55.605
I do not know if you have seen how the

0:19:55.605,0:19:57.085
media treats regularly all

0:19:57.085,0:19:58.599
that has somethiong to do with new

0:19:58.599,0:20:00.237
technologies. It is always

0:20:00.237,0:20:02.291
with a prism or almost always something

0:20:02.291,0:20:05.779
negative, simply because internet and

0:20:05.779,0:20:07.799
new techonologies are direct

0:20:07.799,0:20:09.756
competitors to the media

0:20:09.756,0:20:11.348
like television, press or radio.

0:20:11.348,0:20:17.428
I had a time when Google News

0:20:17.428,0:20:18.720
existed,

0:20:18.720,0:20:21.855
before going away from Spain due to the

0:20:21.855,0:20:23.491
AEDE canon that we will talk later if you

0:20:23.491,0:20:26.463
wish to, so I search on Google News

0:20:26.463,0:20:30.665
concrete words, I searched Internet

0:20:30.665,0:20:32.302
or web or any other word that

0:20:32.302,0:20:34.857
was related to new

0:20:34.857,0:20:37.996
technologies in order to look what results

0:20:37.996,0:20:39.610
the media brought back and

0:20:39.610,0:20:41.690
the prism that was given to the

0:20:41.690,0:20:46.470
headlines. When I saw that, it

0:20:46.470,0:20:48.279
looked pretty normal that media

0:20:48.279,0:20:50.645
welcomed everything

0:20:50.645,0:20:53.236
that criticise their way of doing

0:20:53.236,0:20:57.798
things, that precisely take their

0:20:57.798,0:21:00.648
audience with the headlines I

0:21:00.648,0:21:02.848
found and anyone could do the

0:21:02.848,0:21:06.036
same proof with any other

0:21:06.036,0:21:07.957
searcher. There were headliines like

0:21:07.957,0:21:13.054
the followings, "Terror in the web", "Danger

0:21:13.054,0:21:17.048
in Internet", "Alcohol and drugs as well

0:21:17.048,0:21:20.041
as Internet may suposse a big threat

0:21:20.041,0:21:22.945
to the youth",

0:21:22.945,0:21:25.706
"Internet can cause neuronal

0:21:25.706,0:21:28.867
damages", "surfing the internet there is

0:21:28.867,0:21:32.292
higher risk of adultery",

0:21:32.292,0:21:34.836
"Jennifer Aniston leaved his boyfriend due

0:21:34.836,0:21:37.274
to Internet's fault",

0:21:37.274,0:21:39.631
"Americans abandon their

0:21:39.631,0:21:44.259
friends and sex for their life on Internet"

0:21:44.259,0:21:46.350
"The U.S. look out Twitter for

0:21:46.350,0:21:50.005
its posible use with terrorist objectives",

0:21:50.005,0:21:56.500
"A boy is murdered by his gameboy".

0:21:56.500,0:21:58.062
This last I had to read it

0:21:58.062,0:22:01.477
I could not leave it just with the headline

0:22:01.477,0:22:04.135
when I read it, it resulted that the

0:22:04.135,0:22:06.279
kid had a tragic accident when

0:22:06.279,0:22:08.688
he went out of the swimming pool and took

0:22:08.688,0:22:11.373
the gameboy which its battery was plugged

0:22:11.373,0:22:13.280
in and he was electrocuted.

0:22:13.280,0:22:14.809
The gameboy itself did not do

0:22:14.809,0:22:19.069
nothing, it was the water and the electricity

0:22:19.069,0:22:21.305
basically what intervened but in here

0:22:21.305,0:22:23.600
they decided that it was the gameboy the one

0:22:23.600,0:22:25.752
that had murdered him and sended that

0:22:25.752,0:22:27.998
message. the next headline

0:22:27.998,0:22:29.484
is clearer and said "Internet kills

0:22:29.484,0:22:33.995
you"

0:22:33.995,0:22:36.116
In here I did not even read it, it did not

0:22:36.266,0:22:37.748
matter.

0:22:37.748,0:22:39.633
"Pork flu propagated also through

0:22:39.633,0:22:41.603
Internet"

0:22:41.603,0:22:46.416
"Regular use of Internet generates

0:22:46.416,0:22:49.560
depression and isolation", "Xenophobia

0:22:49.560,0:22:52.368
dances on Internet"

0:22:52.368,0:22:55.686
"Hitler in Internet", "Cruelty of the

0:22:55.686,0:22:58.098
internet users"

0:22:58.098,0:23:00.864
"Google opens strongboxes", "Learned to

0:23:00.864,0:23:04.073
kill thanks to Google", "His computer

0:23:04.073,0:23:10.889
can be a zombi", "Internet puts on weight" and "My

0:23:10.889,0:23:13.754
daughter got pregnant and

0:23:13.754,0:23:18.673
its Internet fault" the one of Internet

0:23:18.673,0:23:20.211
puts on weight, I love it because it fits

0:23:20.211,0:23:24.203
inside a patron I have seen before.

0:23:24.203,0:23:26.808
There was a study, I cannot know which

0:23:26.808,0:23:28.661
country that gave for another headline, it

0:23:28.661,0:23:30.282
had to do with videogames.

0:23:30.282,0:23:32.721
The headline was "Videogames create

0:23:32.721,0:23:35.514
fat and violent kids" and not

0:23:35.514,0:23:38.882
only they put on weight, evenmore, they also

0:23:38.882,0:23:40.400
turned you violent. Of course the

0:23:40.400,0:23:42.563
alarmism is clear, there is nothing that

0:23:42.563,0:23:45.978
frightens more than a gang of angry

0:23:45.978,0:23:49.033
fat guys and when you read that

0:23:49.033,0:23:51.139
study, they justified it

0:23:51.139,0:23:53.085
with the typical, that

0:23:53.085,0:23:55.136
videogames create violent kids which

0:23:55.136,0:23:56.842
we have read that before in other places

0:23:56.842,0:23:59.443
and about the "fats" they justified it because

0:23:59.443,0:24:02.314
as they played videogames they did not play any sport

0:24:02.314,0:24:04.476
and that is why it fatten. There are other

0:24:04.476,0:24:06.130
activities like lecture and we have

0:24:06.130,0:24:08.070
not read anywhere a headline that said

0:24:08.070,0:24:09.696
that reading puts on weight, however

0:24:09.696,0:24:11.462
in here it looked great and the put it.

0:24:11.462,0:24:14.143
The best one with any doubt, that

0:24:14.143,0:24:16.384
reflects how I think the way

0:24:16.384,0:24:19.992
now clear about how it is talked about

0:24:19.992,0:24:21.303
new technologies in the media

0:24:21.303,0:24:23.117
is the famous case of the

0:24:23.117,0:24:25.337
cannibal of Rothenburg. I do not know if

0:24:25.337,0:24:27.910
you know it but it is a great case

0:24:27.910,0:24:31.017
in order to see how the

0:24:31.017,0:24:33.094
media talks about new

0:24:33.094,0:24:35.362
technologies. Barely you give them

0:24:35.362,0:24:37.401
a gap where a new technology

0:24:37.401,0:24:39.560
has participated in any part of a

0:24:39.560,0:24:43.273
story, more or less truculent. The case

0:24:43.273,0:24:46.396
of the cannibal of Rothenburg is easy

0:24:46.396,0:24:49.395
to explain, it has no mistery. A guy

0:24:49.395,0:24:51.651
wrote in a forum a sentence that said

0:24:51.651,0:24:55.354
"I search a good looking man that

0:24:55.354,0:24:58.194
wants to be eaten"

0:24:58.194,0:25:00.500
In his languague I guess it sounded better.

0:25:00.500,0:25:02.744
That is what was written, a good looking

0:25:02.744,0:25:05.264
man that wanted to be eaten, and an

0:25:05.264,0:25:07.318
engineer that was reading the forum

0:25:07.318,0:25:09.182
read it and said "Look I am

0:25:09.182,0:25:13.503
interested" and contacted the cannibal

0:25:13.503,0:25:17.188
of Rothenburg who eated him.

0:25:17.188,0:25:19.280
There is no last moment turnaround, it is

0:25:19.280,0:25:22.969
not Shyamalan dear friends. In here it ended how it

0:25:22.969,0:25:25.166
looked like. He ate him.

0:25:25.166,0:25:26.711
Then they took the cannibal

0:25:26.711,0:25:29.201
of Rothenburg to jail.

0:25:29.201,0:25:30.797
What has this to do with new

0:25:30.797,0:25:32.466
technologies? The guy ate him

0:25:32.466,0:25:35.082
analogically on the table. At

0:25:35.082,0:25:39.083
first, nothing. but it was announced in a forum

0:25:39.083,0:25:41.895
If it had been announced in "Segunda Mano" or

0:25:41.895,0:25:45.646
I don't know through door-to-door,

0:25:45.646,0:25:48.230
surely the way to get in

0:25:48.230,0:25:50.187
touch with the engineer would have

0:25:50.187,0:25:52.875
matter less than the fact that at the

0:25:52.875,0:25:54.600
end, a guy ate another one like if

0:25:54.600,0:25:57.332
it was a chocolate bun. However in here

0:25:57.332,0:25:59.956
the fact that they got in touch in a forum,

0:25:59.956,0:26:01.709
they had the issue linked to

0:26:01.709,0:26:04.992
new technologies somehow and

0:26:04.992,0:26:07.386
sooner there were headlines that

0:26:07.386,0:26:09.649
alert us about the problem of

0:26:09.649,0:26:13.026
online cannibals, I do not know

0:26:13.026,0:26:15.388
how you can be an online cannibal or

0:26:15.388,0:26:19.064
online vegan. The point is that the

0:26:19.064,0:26:22.338
headline was "Suspicion that there is a global

0:26:22.338,0:26:24.989
net of cannibals" and it said "The

0:26:24.989,0:26:27.588
police is finfing out little by little

0:26:27.588,0:26:29.481
the world of online cannibals and what

0:26:29.481,0:26:32.676
they find each time is

0:26:32.676,0:26:34.797
more and more dreadful".

0:26:34.797,0:26:36.370
All this infromation they

0:26:36.370,0:26:37.990
took it from the cannibal of

0:26:37.990,0:26:40.336
Rothenburg himself. It seemed that he was

0:26:40.336,0:26:42.290
someone reliable, he could eat whatever but

0:26:42.290,0:26:44.146
he has no reason to lie. And with

0:26:44.146,0:26:46.552
that, they took out all

0:26:46.552,0:26:48.768
that news.

0:26:48.768,0:26:51.968
Then all this campaign,

0:26:51.968,0:26:54.587
this vision of the new technologies,

0:26:54.587,0:26:57.541
this way to solve the conflict that

0:26:57.541,0:26:59.012
comes with the arrival of new

0:26:59.012,0:27:01.106
technologies and basically the fact that

0:27:01.106,0:27:02.777
anyone can have a printer at

0:27:02.777,0:27:04.696
home and do what before only

0:27:04.696,0:27:06.778
could be done by editors with expensive

0:27:06.778,0:27:08.843
machines and now in the first world

0:27:08.843,0:27:11.440
this can be made at home of

0:27:11.440,0:27:13.633
practically anyone, this

0:27:13.633,0:27:15.309
conflict that is generated because

0:27:15.309,0:27:16.707
befaure, intellectual property laws

0:27:16.707,0:27:20.296
only affected a small portion

0:27:20.296,0:27:22.598
of the population who were the

0:27:22.598,0:27:23.921
editors, the ones that could

0:27:23.921,0:27:25.626
pay for the copy machine.

0:27:25.626,0:27:27.947
It resulted that with the arrive of new

0:27:27.947,0:27:29.762
technologies and the broadening of the

0:27:29.762,0:27:31.318
number of persons that are able to copy.

0:27:31.318,0:27:32.964
It results that this laws were

0:27:32.964,0:27:35.567
restricting habits that are no

0:27:35.567,0:27:38.228
longer of five or six editors but

0:27:38.228,0:27:42.516
now we are talking about the entire

0:27:42.516,0:27:44.215
population.

0:27:44.215,0:27:47.082
We are talking about common and daily

0:27:47.082,0:27:49.054
habit in the society and the way to

0:27:49.054,0:27:52.768
solve it is basically

0:27:52.768,0:27:55.275
the two ways that existed in the time

0:27:55.275,0:27:57.001
of the cassette.

0:27:57.001,0:28:00.797
The legislator saw something and said,

0:28:00.797,0:28:04.690
lets see the copy of the cassette

0:28:04.690,0:28:06.351
tape is ilegal according to the law of

0:28:06.351,0:28:08.516
intellectual property, but the legislator

0:28:08.516,0:28:10.086
reached a conclusion and said, it

0:28:10.086,0:28:12.893
is ilegal but it is unstopable and what

0:28:12.893,0:28:18.560
is the point of forbiding somehing that not just

0:28:18.560,0:28:20.335
I cannot stop but I cannot stop

0:28:20.335,0:28:22.949
even a one percent.

0:28:22.949,0:28:24.706
It is not like the example usually

0:28:24.706,0:28:28.567
given of the guy that skips the trafic light.

0:28:28.567,0:28:30.416
Everyone has skipped the traffic light

0:28:30.416,0:28:31.751
sometime. But with this laws

0:28:31.751,0:28:34.064
we can restrict it to a pont where

0:28:34.064,0:28:36.384
we could coexist and

0:28:36.384,0:28:37.777
then it exists the possibility of

0:28:37.777,0:28:39.715
infraction but we can maintain it

0:28:39.715,0:28:43.151
at a level more or less tolerable of infractions.

0:28:43.151,0:28:45.431
However the issue about the

0:28:45.431,0:28:46.624
cassette tapes is

0:28:46.624,0:28:48.306
that the legislator realised something that

0:28:48.306,0:28:50.450
he cannot reduce it even a bit

0:28:50.450,0:28:53.240
because it happened in the privacy

0:28:53.240,0:28:54.741
of home and in the moment it

0:28:54.741,0:28:56.214
happens in the privacy of home, the

0:28:56.214,0:28:58.205
legislator asked himself what could he do if

0:28:58.205,0:29:01.445
technology allows in a clear way

0:29:01.445,0:29:05.757
something that is impossible to forbid and what

0:29:05.757,0:29:07.376
he said was: "Well lets

0:29:07.376,0:29:08.623
introduce what is called a

0:29:08.623,0:29:10.480
copyright so it could be legal and

0:29:10.480,0:29:12.300
lets invented an alternative of

0:29:12.300,0:29:15.878
remuneration so those damages that

0:29:15.878,0:29:17.483
we cannot stop, at least

0:29:17.483,0:29:20.132
decrease it as far as

0:29:20.132,0:29:22.572
possible and we can

0:29:22.572,0:29:26.047
remunerate the holders of the

0:29:26.047,0:29:28.027
intellectual property rights

0:29:28.027,0:29:30.489
and that is when the famosu canon was born.

0:29:30.489,0:29:32.315
Canon that worked without

0:29:32.315,0:29:34.554
anybody protesting when it was applied to

0:29:34.554,0:29:37.158
the cassette tape because the truth is that

0:29:37.158,0:29:38.944
with the exception of some groups like

0:29:38.944,0:29:40.375
journalists, it is used basically

0:29:40.375,0:29:41.632
for that.

0:29:41.632,0:29:44.453
Then it jumped to the CDs and it was then when

0:29:44.453,0:29:46.184
the CDs, the blank page of

0:29:46.184,0:29:47.835
twenty-first century.

0:29:47.835,0:29:49.794
It has a canon and then people

0:29:49.794,0:29:51.526
protested because they were putting a

0:29:51.526,0:29:53.052
tax to something that could

0:29:53.052,0:29:56.491
contain almost anything and it was then when

0:29:56.491,0:29:59.132
this remunaration system failed.

0:29:59.132,0:30:03.430
About the activities that exist

0:30:03.430,0:30:05.161
nowadays and with the legislation we

0:30:05.161,0:30:08.111
have, what the industry decided,

0:30:08.111,0:30:11.040
later we will speak about what the legislator decided,

0:30:11.040,0:30:12.806
and what they decided as a result of the

0:30:12.806,0:30:14.796
legal sentence I am about to comment,

0:30:14.796,0:30:16.440
it was to iniciate legal actions.

0:30:16.440,0:30:21.196
In a time there was a controversy in Spain

0:30:21.196,0:30:23.517
about if downloading music or

0:30:23.517,0:30:25.169
movies on Internet without any authorization

0:30:25.169,0:30:28.823
was a crime or not and if it was legal or not.

0:30:28.823,0:30:31.507
This are two concepts that seem

0:30:31.507,0:30:33.417
the same but they are not, crime

0:30:33.417,0:30:36.035
is what is punished in the penal code

0:30:36.035,0:30:38.135
whereas it may not be a crime but

0:30:38.135,0:30:40.255
ilegal, for example a civil

0:30:40.255,0:30:42.564
ilegality or skipping the traffic light.

0:30:42.564,0:30:44.773
This are not crimes but an ilegality.

0:30:44.773,0:30:50.393
So the debate that was in

0:30:50.393,0:30:53.393
2005 was if the penal code,

0:30:53.393,0:30:55.113
the one

0:30:55.113,0:30:57.920
that right now has been

0:30:57.920,0:30:59.750
reformed, later we will comment it,

0:30:59.750,0:31:00.832
if it considered a crime the

0:31:00.832,0:31:02.564
downloading from Internet.

0:31:02.564,0:31:03.843
The content industry argued

0:31:03.843,0:31:05.162
that downloads from internet were

0:31:05.162,0:31:07.180
clearly a crime, they based it in

0:31:07.180,0:31:09.641
the article 270 of the penal

0:31:09.641,0:31:11.240
code. This article required

0:31:11.240,0:31:15.790
a behavior to be with a determined

0:31:15.790,0:31:18.624
subjective aim, it asks two requisits.

0:31:18.624,0:31:21.098
Firstly, someone to copy without

0:31:21.098,0:31:23.099
authorization, this is called the

0:31:23.099,0:31:25.121
objective element, and secondly that this

0:31:25.121,0:31:27.476
activity of copying without authorization

0:31:27.476,0:31:29.145
also to be made for profit.

0:31:29.145,0:31:31.540
This two requisits have to

0:31:31.540,0:31:33.705
occur in the same action for it

0:31:33.705,0:31:36.702
to be of the penal type and so it becomes

0:31:36.702,0:31:38.555
a crime against intellectual

0:31:38.555,0:31:40.583
property. What happened was that

0:31:40.583,0:31:42.521
downloads on Internet, what we

0:31:42.521,0:31:44.921
maintained was that it occured the

0:31:44.921,0:31:47.880
objective element, there was a copy without

0:31:47.880,0:31:49.966
authorization but there was no subjective

0:31:49.966,0:31:52.516
element because the copy was not made

0:31:52.516,0:31:53.997
for profit as it was a

0:31:53.997,0:31:58.329
free exchange, what the industry

0:31:58.329,0:32:00.807
sutained was theat this profit aim

0:32:00.807,0:32:02.585
had to be interpreted in an expansive

0:32:02.585,0:32:04.516
form, it had to be interpreted as

0:32:04.516,0:32:08.070
any benefit, profit or advantage,

0:32:08.070,0:32:10.468
that something gives ou in a way that if you

0:32:10.468,0:32:12.071
download a disc, this gives you some kind

0:32:12.071,0:32:13.759
of benefit, an advantage that it is

0:32:13.759,0:32:16.606
not money but in a certain way

0:32:16.606,0:32:18.782
it benefits you or even the possibility of

0:32:18.782,0:32:22.012
saving the money of buying that disc

0:32:22.012,0:32:23.758
if you had decided to buy it and

0:32:23.758,0:32:25.869
this way with this

0:32:25.869,0:32:28.204
definition, lets say ambiguous, of

0:32:28.204,0:32:30.082
what is a profit aim, they said

0:32:30.082,0:32:31.866
that downloads form Internet had

0:32:31.866,0:32:33.693
profit aim.

0:32:33.693,0:32:36.635
There was as I said a big discussion that

0:32:36.635,0:32:38.561
was intended to be solved in practice with

0:32:38.561,0:32:40.871
the intervention of Antonio Guisasola

0:32:40.871,0:32:42.901
who went to the media

0:32:42.901,0:32:43.800
as president of

0:32:43.800,0:32:46.095
Promusicae saying he was going to do something

0:32:46.095,0:32:49.029
That was to denounce a spaniard so that

0:32:49.029,0:32:52.231
judges had to determined if that

0:32:52.231,0:32:55.108
was a crime or not. What they were

0:32:55.108,0:32:56.821
going to do, he said,

0:32:56.821,0:32:58.922
was to denounce someone so

0:32:58.922,0:33:04.468
the judges finally pronounce so the

0:33:04.468,0:33:05.624
debate is over.

0:33:05.624,0:33:08.244
Well, they did it, I do not know if

0:33:08.244,0:33:10.123
following this reasoning but the case is

0:33:10.123,0:33:12.626
that an ordinary man from Santander

0:33:12.626,0:33:14.814
won the lottery and he

0:33:14.814,0:33:17.553
was denounce so that a judge

0:33:17.553,0:33:20.865
dictaminated if that was a crime or not.

0:33:20.865,0:33:23.879
This ws resoluted in the sentence from the

0:33:23.879,0:33:25.023
penal court number three of

0:33:25.023,0:33:28.368
Santander, fourteenth of July, 2006 and what

0:33:28.368,0:33:30.644
was said by the signer judge about

0:33:30.644,0:33:32.595
the resolution was that the accused

0:33:32.595,0:33:37.445
was absolved. the judge said that the

0:33:37.445,0:33:39.821
objective element existed,

0:33:39.821,0:33:41.364
the man downloaded without

0:33:41.364,0:33:43.429
authorization but the subjective element did not,

0:33:43.429,0:33:45.568
he did not have a profit aim and

0:33:45.568,0:33:48.828
understanding profit aim, said the judge,

0:33:48.828,0:33:52.484
in a restrictive way and not expansive

0:33:52.484,0:33:53.791
as it was pretended. So as

0:33:53.791,0:33:56.184
it occurs one elment but not the

0:33:56.184,0:33:58.868
other, the penal type declines and the

0:33:58.868,0:34:01.989
action is not punishable. It is not an

0:34:01.989,0:34:03.585
action that fits in the penal type

0:34:03.585,0:34:05.993
of the 270 art. So, the at the time

0:34:05.993,0:34:10.000
president of Sony was asked in

0:34:10.000,0:34:12.053
"La Gaceta de los Negocios" what he thought about

0:34:12.053,0:34:15.834
this resolution and he analysed

0:34:15.834,0:34:20.454
the resolution calmed and the most

0:34:20.454,0:34:25.456
legally funded posible and he said that someone can be

0:34:25.456,0:34:29.390
judge and an idiot and he encouraged the

0:34:29.390,0:34:31.033
signer judge of the resolution to

0:34:31.033,0:34:33.604
study a bit more and after that

0:34:33.604,0:34:35.641
they appealed the sentence but they got

0:34:35.641,0:34:38.770
to a Provinc Court that again

0:34:38.770,0:34:41.292
did not study anything and confirmed the

0:34:41.292,0:34:42.886
sentence of the first court

0:34:42.886,0:34:46.031
Absolving the accused. So they said:

0:34:46.031,0:34:49.204
'Ok, we failed against

0:34:49.204,0:34:50.606
the users,

0:34:50.606,0:34:54.351
lets focus on the next actor',

0:34:54.351,0:34:56.382
the next actor were the link

0:34:56.382,0:34:58.805
pages, it meant, they tried against

0:34:58.805,0:35:01.642
users, they tried through the penal

0:35:01.642,0:35:03.355
way, they tried also through the civil

0:35:03.355,0:35:04.998
way but they couldn't

0:35:04.998,0:35:06.392
find out the name from the

0:35:06.392,0:35:07.854
IP numbers.

0:35:07.854,0:35:10.013
The law of data preservation prevents

0:35:10.013,0:35:11.913
that in a process that is not penal to

0:35:11.913,0:35:14.335
revealed this data, so through the civil

0:35:14.335,0:35:16.486
way they reached nothing also and

0:35:16.486,0:35:17.821
they said: 'Lets focus on

0:35:17.821,0:35:19.972
this link pages, this pages

0:35:19.972,0:35:22.564
that without containing the contents,

0:35:22.564,0:35:24.888
it means without having the

0:35:24.888,0:35:25.840
files

0:35:25.840,0:35:28.410
what they made was to put a link to

0:35:28.410,0:35:30.547
the file that was being spread in the

0:35:30.547,0:35:35.161
p2p nets by the users or

0:35:35.161,0:35:37.533
link to a server like Megaupload or

0:35:37.533,0:35:42.341
like Rapidshare. This began as a

0:35:42.341,0:35:44.814
big operation, also media,

0:35:44.814,0:35:48.223
in the year 2006, as you can see coetaneous to

0:35:48.223,0:35:50.311
the sentence that absolved this man

0:35:50.311,0:35:53.173
form Snatander and what happened was that

0:35:53.173,0:35:55.690
they detained fifteen administrators of

0:35:55.690,0:35:58.566
link web pages. The communication

0:35:58.566,0:35:59.715
media with this issue

0:35:59.715,0:36:01.270
got mad and they

0:36:01.270,0:36:04.743
published the new of this mere

0:36:04.743,0:36:06.349
detentions as if they were guilty

0:36:06.349,0:36:09.905
veredicts in itself. It is something that

0:36:09.905,0:36:12.278
shocked me a lot because you have

0:36:12.278,0:36:14.715
seen in the news that whenever

0:36:14.715,0:36:16.626
they talk about any question that

0:36:16.626,0:36:18.952
is related to a legal matter, the word

0:36:18.952,0:36:20.753
suspected or alledgley appear

0:36:20.753,0:36:23.480
as something normal

0:36:23.480,0:36:25.825
In fact sometimes it appears

0:36:25.825,0:36:28.903
excesively

0:36:28.903,0:36:30.762
I found a case where a

0:36:30.762,0:36:33.643
newspaper talke about a stockbreeder that

0:36:33.643,0:36:35.053
was found dead

0:36:35.053,0:36:39.033
half-buried and the new said "The

0:36:39.033,0:36:42.227
alledge deceased" and alledge it is not

0:36:42.227,0:36:45.224
a hal-buried corpse and also it said

0:36:45.224,0:36:48.700
that to the alledge deceased they were going too make

0:36:48.700,0:36:50.766
the ahtopsy. Check before if you have

0:36:50.766,0:36:56.136
any doubt but the paranoia for a possible

0:36:56.136,0:36:58.487
complaint for slander makes the

0:36:58.487,0:37:00.471
word alledge to be used more than

0:37:00.471,0:37:04.453
often. In the case of the raid

0:37:04.453,0:37:06.564
of the year 2006 against link pages

0:37:06.564,0:37:08.214
the word alledge disappeared

0:37:08.214,0:37:11.277
absolutely, I remember a

0:37:11.277,0:37:14.440
newspaper's headline that could

0:37:14.440,0:37:18.733
not be clearer and said in the

0:37:18.733,0:37:21.058
headline, it was a leading article tha furthermor

0:37:21.058,0:37:22.860
was published in other newspapers

0:37:22.860,0:37:25.517
of the same group, it said "Pirates on the net"

0:37:25.517,0:37:29.253
and said that the fifteen detainees were part

0:37:29.253,0:37:32.676
of the biggest european clandestine

0:37:32.676,0:37:36.001
organization of the peer to peer nets and it said

0:37:36.001,0:37:37.924
this was also a gigantic

0:37:37.924,0:37:41.496
cybernetic bootleg peddler and that it was needed

0:37:41.496,0:37:42.980
to unmask this perverted vision

0:37:42.980,0:37:45.483
of the net in order to avoid it to convert

0:37:45.483,0:37:47.305
in an authentic sanctuary of

0:37:47.305,0:37:49.106
cybercriminals. All this, the day

0:37:49.106,0:37:50.699
after to the detentions. It have not

0:37:50.699,0:37:52.388
passed even 24 hours.

0:37:52.388,0:37:56.086
Neither have passed 24 hours

0:37:56.086,0:37:57.706
when ACAM, the association of

0:37:57.706,0:37:59.378
composers and song writers

0:37:59.378,0:38:01.898
published in their web page a headline

0:38:01.898,0:38:04.679
saying "Demonstrated that exchange peer to peer

0:38:04.679,0:38:06.763
is a crime" and beneath appeared a

0:38:06.763,0:38:08.234
list of web pages that

0:38:08.234,0:38:13.702
had a header that said

0:38:13.702,0:38:15.550
"Web pages

0:38:15.550,0:38:17.473
from which there was delinquency" It did not say

0:38:17.473,0:38:19.173
denounced web pages or pages with denounced

0:38:19.173,0:38:21.406
administrators. But it said pages from

0:38:21.406,0:38:24.267
which was delinquency as a fact, the judge

0:38:24.267,0:38:26.647
did not even knowhe had a

0:38:26.647,0:38:28.290
proceeding yet, but for ACAM

0:38:28.290,0:38:31.425
the sentence was already clear

0:38:31.425,0:38:33.304
I guess that with the calm that

0:38:33.304,0:38:34.880
gave them the clause of exemption for any

0:38:34.880,0:38:36.044
responsability

0:38:36.044,0:38:37.698
that they had those years in ACAM

0:38:37.698,0:38:39.207
They had a little clause, a

0:38:39.207,0:38:40.849
usual disclaimer of web pages

0:38:40.849,0:38:42.703
but in here it goes further and

0:38:42.703,0:38:47.223
said 'ACAM is not responsible

0:38:47.223,0:38:48.664
for the articles and any

0:38:48.664,0:38:50.397
opinion of third persons published in this

0:38:50.397,0:38:53.368
web page nor of the articles or

0:38:53.368,0:38:55.682
self opinions. This means they were

0:38:55.682,0:38:57.015
completely armoured legally, the

0:38:57.015,0:39:02.884
case is that what ocurred with this cyber

0:39:02.884,0:39:05.239
santuarium of criminals. In the

0:39:05.239,0:39:09.071
first of the cases I had the luck

0:39:09.071,0:39:10.523
to participate in it with my

0:39:10.523,0:39:12.774
colleague Javier de la Cueva, the case

0:39:12.774,0:39:14.659
Sharemula was the first one to be

0:39:14.659,0:39:16.678
solved, in this case the

0:39:16.678,0:39:18.771
complainents that first denounced were the

0:39:18.771,0:39:22.290
producers of the documentaries of

0:39:22.290,0:39:24.342
Feliz Rodriguez de la Fuente, they made

0:39:24.342,0:39:26.094
a complaint and the police, that had

0:39:26.094,0:39:27.780
lot of sensitivity with this issues, sent

0:39:27.780,0:39:29.844
a letter to the affected by

0:39:29.844,0:39:33.656
what was done from Sharemula

0:39:33.656,0:39:36.408
and quickly the personal

0:39:36.408,0:39:39.096
prosecution was formed by the SGAE,

0:39:39.096,0:39:41.631
Microsof, Promusicae, Egeda, Columbia, Walt

0:39:41.631,0:39:44.024
Disney, Twenty Century Fox, Warner,

0:39:44.024,0:39:49.849
Lauren Film, Manga Film, Universal, Sony

0:39:49.849,0:39:52.107
Metro Goldwyn Mayer, Cristiano Ronaldo, well

0:39:52.107,0:39:55.889
they were all in there and the case is that the

0:39:55.889,0:39:57.777
first the personal prosecutors

0:39:57.777,0:40:00.581
made was to ask for precautionary

0:40:00.581,0:40:03.037
measures, unprecedented part, unprecedented part

0:40:03.037,0:40:05.337
meant without hearing the part tha was affected

0:40:05.337,0:40:07.468
by the precautionary measures they were

0:40:07.468,0:40:10.629
asking for, in concrete they ask the precautionary

0:40:10.629,0:40:12.760
measur of shutting down the web page.

0:40:12.760,0:40:14.811
The judge that saw the issue in the Instruction

0:40:14.811,0:40:16.635
Court here in Madrid said:

0:40:16.635,0:40:19.148
"Well, I will to listen the petition of precautionary

0:40:19.148,0:40:21.253
measures but

0:40:21.253,0:40:24.013
I want to do it with the other part in the

0:40:24.013,0:40:26.940
room to hear it because it is the first

0:40:26.940,0:40:28.956
case not that I found in this

0:40:28.956,0:40:31.033
court but that it is going to be judged in

0:40:31.033,0:40:33.260
Spain and so I seem

0:40:33.260,0:40:35.204
interesting to know what has to say

0:40:35.204,0:40:36.565
the other part"

0:40:36.565,0:40:38.469
So there was a hearing for precautionary

0:40:38.469,0:40:40.588
measures. And what the personal

0:40:40.588,0:40:44.496
prosecution sustained in the hearing

0:40:44.900,0:40:46.823
was that in Sharemula there

0:40:46.823,0:40:49.969
was being commited a crime because in

0:40:49.969,0:40:52.600
this case the profit aim was

0:40:52.600,0:40:53.944
evident.

0:40:53.944,0:40:56.328
If in the case against the users there

0:40:56.328,0:40:59.419
was no profit aim, in Sharemula there was

0:40:59.419,0:41:01.848
profit aim because there were advertisement

0:41:01.848,0:41:03.900
banners. This advertising gave them some

0:41:03.900,0:41:05.726
money, lots or few, it willbe seen during

0:41:05.726,0:41:08.138
the process, but there was money and due to

0:41:08.138,0:41:10.392
that economic profit so there is the

0:41:10.392,0:41:12.858
subjective element that was needed with

0:41:12.858,0:41:15.176
the users, so in this case there

0:41:15.176,0:41:17.337
was a crime, sustained the personal

0:41:17.337,0:41:18.371
prosecution.

0:41:18.371,0:41:22.474
What we said was that we did not

0:41:22.474,0:41:24.334
discuss the subjective element of

0:41:24.334,0:41:25.916
profit aim,

0:41:25.916,0:41:28.590
in here what was missed was the other

0:41:28.590,0:41:30.930
element, the ojective element, it means,

0:41:30.930,0:41:34.480
the copy of intellectual property because

0:41:34.480,0:41:36.428
who did it were the users of

0:41:36.428,0:41:38.428
the peer to peer nets not the ones

0:41:38.428,0:41:40.562
that link. The linkers do not copy

0:41:40.562,0:41:42.190
absolutely nothing, what the do

0:41:42.190,0:41:46.036
is to create a group of alphanumerical

0:41:46.036,0:41:47.850
caracters that tells where is

0:41:47.850,0:41:49.892
a content without hosting it, with no copy nor

0:41:49.892,0:41:52.049
dissemination. The one copying and disseminating

0:41:52.049,0:41:54.099
is the user and the decree that

0:41:54.099,0:42:00.531
desestimated the precautionary measures

0:42:00.531,0:42:03.055
said that effectively the web will not

0:42:03.055,0:42:04.840
be closed simply because what the page

0:42:04.840,0:42:06.566
did in there, did not fitted in the

0:42:06.566,0:42:09.346
penal type of 270 because even having

0:42:09.346,0:42:11.344
profit aim, it was not made with an

0:42:11.344,0:42:14.336
infraction, what Shamerula did not

0:42:14.336,0:42:16.840
do was to copy files just

0:42:16.840,0:42:19.994
because they did not have them and

0:42:19.994,0:42:22.346
after the decree, another was dictated

0:42:22.346,0:42:26.851
that closed the debate, it was the decree

0:42:26.851,0:42:28.365
declaring the free stay in the Sharemula case

0:42:28.365,0:42:30.744
that what made was to say that

0:42:30.744,0:42:33.150
as there was no crime, ther will be

0:42:33.150,0:42:35.526
no trial and it was stored,

0:42:35.526,0:42:37.485
this equals to an acquital

0:42:37.485,0:42:39.455
and it was a hard blow in

0:42:39.455,0:42:41.233
the waterline of that

0:42:41.233,0:42:47.374
raid of the year 2006 because what

0:42:47.374,0:42:49.998
directly made, not just going to a

0:42:49.998,0:42:52.599
trial and be judged and deel the dock

0:42:52.599,0:42:55.376
punishment but that operation the

0:42:55.376,0:42:56.906
most important in Europe, the media

0:42:56.906,0:42:58.840
said, the ones who pronounced

0:42:58.840,0:43:01.132
before 24 hours

0:43:01.132,0:43:02.853
It was not even necessary go to trial

0:43:02.853,0:43:04.996
because simply the action that

0:43:04.996,0:43:07.551
was complaint was not a crime.

0:43:07.551,0:43:09.543
We took the resolution, some

0:43:09.543,0:43:11.922
press talk about it and what

0:43:11.922,0:43:14.406
the personal prosecution did was to appeal it

0:43:14.406,0:43:17.100
evidently and in the appealing they introduced

0:43:17.100,0:43:21.621
a courious element and questionable that was

0:43:21.621,0:43:25.568
to say that in Sharemula no

0:43:25.568,0:43:28.079
crime was commited but they

0:43:28.079,0:43:29.625
were helping somehow to

0:43:29.625,0:43:31.152
commit it so they understood that

0:43:31.152,0:43:35.611
in a different degree of responsability

0:43:35.611,0:43:38.201
it might be participating, cooperating

0:43:38.201,0:43:41.771
inciting a crime, Sharemula was

0:43:41.771,0:43:44.678
cooperating in the assignment of a crime

0:43:44.678,0:43:46.744
commited by a third part that does communicate

0:43:46.744,0:43:49.858
publicly, they said. We argued

0:43:49.858,0:43:51.881
that neither because simply there

0:43:51.881,0:43:54.096
cannot be cooperation to a crime if

0:43:54.096,0:43:56.086
what is made by a thrid is not a crime.

0:43:56.086,0:43:58.326
Sharemula effectively helped

0:43:58.326,0:44:00.510
users to exchange intellectual

0:44:00.510,0:44:02.348
works but as the action of

0:44:02.348,0:44:04.199
the users was not criminal,

0:44:04.199,0:44:06.382
as we saw with the man from Santander,

0:44:06.382,0:44:08.288
there cannot be a crime because in order

0:44:08.288,0:44:09.863
to exist needed cooperation with a

0:44:09.863,0:44:11.426
crime, the cooperation must be with

0:44:11.426,0:44:14.406
a criminal action and results that

0:44:14.406,0:44:17.061
the users action was not.

0:44:17.061,0:44:19.871
For that reason there did not exist

0:44:19.871,0:44:23.297
any degree of penal responsability and

0:44:23.297,0:44:25.444
we were looking for a

0:44:25.444,0:44:27.909
resolution. It is not a sentence, is a decree

0:44:27.909,0:44:30.436
that was going to make with

0:44:30.436,0:44:33.519
domino effecto what was about to happen

0:44:33.519,0:44:35.792
after and I remember perfectly that no

0:44:35.792,0:44:38.250
journalist called from "El Mundo"

0:44:38.250,0:44:39.997
anywhere and after we had

0:44:39.997,0:44:43.865
been showing off on Internet

0:44:43.865,0:44:46.318
for about three or four months, telling

0:44:46.318,0:44:47.962
we had won those guys and

0:44:47.962,0:44:51.084
we were lawyers that had no

0:44:51.084,0:44:53.639
presentation card yet,

0:44:53.639,0:44:55.721
we got phoned from "El Mundo" and said

0:44:55.721,0:44:57.330
"You have to declared something

0:44:57.330,0:44:58.733
about the issue that the Province

0:44:58.733,0:45:00.264
Court has said that you have lost

0:45:00.264,0:45:02.813
the Sharemula case" of course I have

0:45:02.813,0:45:05.290
not received absolutely nothing about

0:45:05.290,0:45:08.215
that and asked how was that possible if we have not

0:45:08.215,0:45:10.510
been notified and they said that it just happened and

0:45:10.510,0:45:12.152
ask for any declaration and I said "I do not know,

0:45:12.152,0:45:14.579
say I have whined, I have cried or something

0:45:14.579,0:45:16.593
like that because I need to read the

0:45:16.593,0:45:18.432
resolution before", they said that I

0:45:18.432,0:45:20.363
would receive it. So I called Javier de

0:45:20.363,0:45:22.269
la Cueva who is from Madrid and

0:45:22.269,0:45:23.928
told him "Javier go to the Province

0:45:23.928,0:45:25.955
Court because they say there is

0:45:25.955,0:45:27.832
a resolution and look what has been said

0:45:27.832,0:45:31.384
because it seems to be negative"

0:45:31.384,0:45:33.815
and Javier, who is the most

0:45:33.815,0:45:37.901
calmed guy in Madrid and valium is

0:45:37.901,0:45:40.760
made out from his blood,

0:45:40.760,0:45:44.916
said "Well, I will go tomorrow"

0:45:44.916,0:45:47.062
and I said "What is that of tomorrow? We have been

0:45:47.062,0:45:48.950
showing off on Internet for over

0:45:48.950,0:45:51.126
three months and this has ended with our

0:45:51.126,0:45:53.794
career, it started with and now ends" and he said

0:45:53.794,0:45:55.917
"I am going tomorrow" so I had to wait

0:45:55.917,0:45:57.407
to the next day in Seville,

0:45:57.407,0:46:00.373
I woke up soon, I gave him time,

0:46:00.373,0:46:02.260
I called him at half past ten in the morning and

0:46:02.260,0:46:03.942
asked him "Javier, Have you gone?"

0:46:03.942,0:46:10.609
"Where?" (he answered) "To the Province Court,

0:46:10.609,0:46:13.322
have you gone?" and the man that is one of the best

0:46:13.322,0:46:15.496
lawyers I know and that calm

0:46:15.496,0:46:17.851
is without any doubt one

0:46:17.851,0:46:19.520
of his virtues says

0:46:19.520,0:46:22.075
"Yes, yes I have gone

0:46:22.075,0:46:23.726
I saw in the resolution that we won"

0:46:23.726,0:46:27.566
I replied "what what? and you do not call me, it

0:46:27.566,0:46:29.796
did not seem something important to you" he answered

0:46:29.796,0:46:32.542
"Yes we won" I told him "But the man from

0:46:32.542,0:46:33.923
"El Mundo" said that in the

0:46:33.923,0:46:36.013
resolution we lost" and he said

0:46:36.013,0:46:38.209
"Well he got right a 50%, not bad"

0:46:38.209,0:46:41.829
The thing is that effectively Sharemula

0:46:41.829,0:46:44.414
ended that way and after that there was

0:46:44.414,0:46:47.482
a flood of resolutions in the same sense.

0:46:47.482,0:46:50.584
This as expected

0:46:50.584,0:46:53.153
did not felt well in the

0:46:53.153,0:46:56.141
industry and later we will see quickly

0:46:56.141,0:46:59.071
what was their reaction, after losing

0:46:59.071,0:47:01.260
in the penal way and in the civil way

0:47:01.260,0:47:02.995
because the also tried against the

0:47:02.995,0:47:04.587
link pages, they focused on the

0:47:04.587,0:47:08.039
developer of the tool

0:47:08.039,0:47:12.090
precisely in Pablo Soto, who

0:47:12.090,0:47:13.775
is now city councilman

0:47:13.775,0:47:16.532
here in Madrid, he is a informatic

0:47:16.532,0:47:18.993
developer that what had made was

0:47:18.993,0:47:20.537
to create a tool peer to peer that

0:47:20.537,0:47:22.845
allowed the exchange of files,

0:47:22.845,0:47:24.292
of files that may have copyright

0:47:24.292,0:47:25.913
what may occur

0:47:25.913,0:47:27.929
in the most of the times and

0:47:27.929,0:47:29.688
not in other occasion. This depends on

0:47:29.688,0:47:32.831
the user, and they demanded him, he was demanded

0:47:32.831,0:47:35.900
by Promusica and the four major

0:47:35.900,0:47:38.083
record companies, the biggest record

0:47:38.083,0:47:41.281
companies all over the world and they asked him

0:47:41.281,0:47:44.072
thirteen millon sixty thousand euros as

0:47:44.072,0:47:45.706
compensation for violating

0:47:45.706,0:47:47.553
intellectual property

0:47:47.553,0:47:48.725
by developing a tool that

0:47:48.725,0:47:51.083
have been used by thirds

0:47:51.083,0:47:54.467
to violate intellectual property of the

0:47:54.467,0:47:55.839
plaintiff

0:47:55.839,0:48:01.704
this case had a great volume

0:48:01.704,0:48:03.949
of paper but in reality the question

0:48:03.949,0:48:05.751
that was made was simple

0:48:05.751,0:48:08.138
the question asked to the judge under

0:48:08.138,0:48:09.898
the nine qualifieds that accompanied the

0:48:09.898,0:48:11.487
complaint was simply 'Does the

0:48:11.487,0:48:13.981
Intellectual Property Law forbids the

0:48:13.981,0:48:18.151
informatic developers to create a

0:48:18.151,0:48:20.125
tool that allows a third

0:48:20.125,0:48:24.156
to violate intellectual property?'

0:48:24.156,0:48:26.047
A law like that

0:48:26.047,0:48:28.775
would have make Gutember not to invent the

0:48:28.775,0:48:30.435
printing press

0:48:30.435,0:48:32.109
The question is in our law, this is

0:48:32.109,0:48:34.951
disposable and the answer was not in

0:48:34.951,0:48:37.988
the Intellectual Property Law

0:48:37.988,0:48:39.972
The only forbidden thing was the

0:48:39.972,0:48:43.461
creation of a software that allows

0:48:43.461,0:48:45.538
to unprotect works with a

0:48:45.538,0:48:49.031
specific anticopy system, a

0:48:49.031,0:48:52.590
DRM or whatever, but it did not forbid

0:48:52.590,0:48:54.839
the creation of any other

0:48:54.839,0:48:56.458
technology, not even when this

0:48:56.458,0:48:58.352
technology may be used by thirds to

0:48:58.352,0:49:00.845
violate intellectual property rights.

0:49:00.845,0:49:05.159
The trial was extremely long, it ended

0:49:05.159,0:49:09.287
animously with Pablo Soto during that

0:49:09.287,0:49:12.545
time, It was a big dock punishment

0:49:12.545,0:49:15.671
with the sword of Damocles of

0:49:15.671,0:49:17.910
those 13 millions 60 thousand euros upon his

0:49:17.910,0:49:22.017
head and when the trial occured,

0:49:22.017,0:49:23.740
so you can see how does it moves this

0:49:23.740,0:49:24.851
question.

0:49:24.851,0:49:26.735
I remember perfectly it was a trial

0:49:26.735,0:49:28.314
dividied in three days of five

0:49:28.314,0:49:32.979
hours each day, for three non consecutive

0:49:32.979,0:49:35.044
days, there were two consecutive days and

0:49:35.044,0:49:37.258
in the third day there was one between the

0:49:37.258,0:49:42.293
secon daay. What happened was that

0:49:42.293,0:49:45.850
by casualty from the U.S. it was

0:49:45.850,0:49:49.345
sended the message that Spain was one

0:49:49.345,0:49:51.833
of the biggest pirates countries that existed

0:49:51.833,0:49:54.979
in the world, right in the secon day of the

0:49:54.979,0:49:58.814
Soto trial, the spanish media sum

0:49:58.814,0:50:02.298
the calculation they had in front of them

0:50:02.298,0:50:05.411
of two plus two and they got four, what

0:50:05.411,0:50:08.092
they made was to say that Spain was the

0:50:08.092,0:50:10.342
biggest pirate country in the world according to

0:50:10.342,0:50:13.521
the U.S. and today Pablo Soto is judged for

0:50:13.521,0:50:15.392
creating a peer to peer net and they told

0:50:15.392,0:50:17.433
that in the same new and the judge who

0:50:17.433,0:50:19.887
reads newspapers, reads this

0:50:19.887,0:50:21.935
question, in the trial it has its

0:50:21.935,0:50:23.868
weight because judges in the end are

0:50:23.868,0:50:25.609
humans too, with their subjetivities

0:50:25.609,0:50:28.151
etc., etc.

0:50:28.151,0:50:31.437
The point is the judge who was an old

0:50:31.437,0:50:33.879
man, I was in this case also with

0:50:33.879,0:50:35.600
Javier de la Cueva and my colleague

0:50:35.600,0:50:37.910
Jose Ignacio Aguilar from Seville and I told to

0:50:37.910,0:50:40.721
Javier "Watch how the judge

0:50:40.721,0:50:42.853
with the old he is, he is going to

0:50:42.853,0:50:45.567
retire and he is not going to dictate

0:50:45.567,0:50:47.195
any sentence and we have to

0:50:47.195,0:50:50.507
repeat the trial" and Javier, the calmest

0:50:50.507,0:50:52.886
man on earth, said "Nah, he is

0:50:52.886,0:50:54.249
not retiring and if the

0:50:54.249,0:50:55.585
trial is repeaed I will go

0:50:55.585,0:50:58.718
gladly" It is a delight, for me, if something

0:50:58.718,0:51:00.304
really happened and Javier de la Cueva

0:51:00.304,0:51:02.573
is your lawyer and sayid "Well look that

0:51:02.573,0:51:06.056
this guy retires, I saw him really

0:51:06.056,0:51:07.171
old, he is weak" and him "He

0:51:07.171,0:51:09.063
is not retiring and if he retires we

0:51:09.063,0:51:11.275
do this again and we doi it again as good,

0:51:11.275,0:51:15.157
nothing is going to happened". He retired, he did and

0:51:15.157,0:51:19.470
the law of civil indictment says the

0:51:19.470,0:51:22.551
sentence has to be done by the judge

0:51:22.551,0:51:25.243
that was in the hearing and the judge

0:51:25.243,0:51:26.844
retired so there is a new one

0:51:26.844,0:51:29.998
and we had to repeat the hearing

0:51:29.998,0:51:32.052
no part wanted to

0:51:32.052,0:51:35.355
repeat it because it was a waste of money

0:51:35.355,0:51:37.522
and a tremendous effort, what we

0:51:37.522,0:51:41.677
did was go to the court and in front of

0:51:41.677,0:51:43.031
the new judge, we signed an

0:51:43.031,0:51:44.626
act, all the lawyers, saying that

0:51:44.626,0:51:47.218
we all agreed on not to repeat the hearing

0:51:47.218,0:51:49.281
as it had been

0:51:49.281,0:51:50.809
recorden on video, as law oblies to, so

0:51:50.809,0:51:53.012
the new judge watch the hearing in the video and

0:51:53.012,0:51:54.904
illustrate himseld with the partial

0:51:54.904,0:51:57.847
verdict and dictate sentence with what

0:51:57.847,0:52:00.036
it is in the video with no need

0:52:00.036,0:52:02.518
to repeat it in fron of him, he could

0:52:02.518,0:52:04.168
watch it on video and all the

0:52:04.168,0:52:05.612
lawyers of all sides signed the

0:52:05.612,0:52:08.911
act telling that we all agreed.

0:52:08.911,0:52:11.907
The case is that the new judge dictated

0:52:11.907,0:52:14.192
sentence rejecting the demand against

0:52:14.192,0:52:18.071
Pablo Soto and saying that technology

0:52:18.071,0:52:20.632
peer to peer is not forbidden by the

0:52:20.632,0:52:22.294
law of intellectual property, that itt

0:52:22.294,0:52:24.319
only forbids a specific technology and

0:52:24.319,0:52:26.800
in this case it was obvious it was not,

0:52:26.800,0:52:28.364
there was also a debate about the

0:52:28.364,0:52:29.892
unloyal competence that was also

0:52:29.892,0:52:32.111
rejected, it was appealed.

0:52:32.111,0:52:35.188
It was appealed to the Province

0:52:35.188,0:52:38.100
Court of Madrid and surprisingly

0:52:38.100,0:52:39.990
it was the first allegation, the first

0:52:39.990,0:52:42.560
one of the new lawyer office

0:52:42.560,0:52:44.853
because the hired a new one was

0:52:44.853,0:52:47.982
to ask the nulity of the sentence because

0:52:47.982,0:52:50.848
it was dictated but not

0:52:50.848,0:52:54.270
by the judge who witness the hearing and

0:52:54.270,0:52:57.251
of course we have signed an act

0:52:57.251,0:52:59.113
where we said we agreed

0:52:59.113,0:53:00.389
with that, all lawyers and

0:53:00.389,0:53:02.352
said the contrary part surely

0:53:02.352,0:53:05.471
the demanded would told us that

0:53:05.471,0:53:08.454
we signed an act saying we agreed

0:53:08.454,0:53:12.165
with the new judge being

0:53:12.165,0:53:15.058
the one dictating the sentence and

0:53:15.058,0:53:17.433
look you took it from my mouth, I was going

0:53:17.433,0:53:18.908
to say it.

0:53:18.908,0:53:22.043
Just that, but we thought he was going

0:53:22.043,0:53:24.344
to study the case much better and then

0:53:24.344,0:53:25.976
they asked for nulity of the sentence

0:53:25.976,0:53:28.174
because the new judge did not studied

0:53:28.174,0:53:30.155
the bulky decrees enough

0:53:30.155,0:53:32.025
to give the the reason, it was a complete

0:53:32.025,0:53:34.893
win win.

0:53:34.893,0:53:37.297
We did not repeat the hearing if the

0:53:37.297,0:53:40.179
sentence was negative, we as for nulity and

0:53:40.179,0:53:42.734
if its positive, everything is wonderful.

0:53:42.734,0:53:44.878
The point is that this wen to the Province

0:53:44.878,0:53:46.177
Court of Madrid, rejected nulity

0:53:46.177,0:53:48.973
claiming that nulity cannot be an

0:53:48.973,0:53:50.610
ace up yur sleeve to use it

0:53:50.610,0:53:52.621
when it suits you and rejected

0:53:52.621,0:53:57.666
also the subsidiary request of

0:53:57.666,0:53:59.288
revoking the sentence making the

0:53:59.288,0:54:01.538
sentence of Pablo Soto to be resolutive.

0:54:01.538,0:54:04.025
This is the judge-made law panorama that

0:54:04.025,0:54:07.309
has been in Spain against the

0:54:07.309,0:54:08.938
users, against link pages,

0:54:08.938,0:54:10.253
against developers of

0:54:10.253,0:54:12.376
technologies that may eventually

0:54:12.376,0:54:13.960
be used to violate intellectual

0:54:13.960,0:54:16.718
property rights. As you can see all

0:54:16.718,0:54:20.536
the panorama is negative for the industry,

0:54:20.536,0:54:23.705
but this last just a bit, because it is then

0:54:23.705,0:54:27.104
when enters the legislative reform and the

0:54:27.104,0:54:29.214
legislative reform for me that I have been

0:54:29.214,0:54:35.198
in some of the cases that had to

0:54:35.198,0:54:38.394
be with it, it lacks putting the

0:54:38.394,0:54:42.143
name, meaning it is clear how it is cover

0:54:42.143,0:54:45.248
a specific hole for a specific case

0:54:45.248,0:54:47.000
that los a specific part.

0:54:47.000,0:54:50.693
The Law Sinde,

0:54:50.693,0:54:54.577
that provision, which is actually

0:54:54.577,0:54:56.263
a series of reforms in the Intellectual

0:54:56.263,0:54:57.888
Property Law, and the Information

0:54:57.888,0:54:59.961
Society Service Act, was simply to

0:54:59.961,0:55:02.606
change the arbitrators of the conflict,

0:55:02.606,0:55:05.296
what it did is that what before

0:55:05.296,0:55:09.566
the judges ruled in civil courts,

0:55:09.566,0:55:11.298
we will also be able to do so

0:55:11.298,0:55:13.304
through administrative channels,

0:55:13.304,0:55:15.174
open an administrative route for the industry,

0:55:15.174,0:55:17.786
to go directly to the Ministry of Culture,

0:55:17.786,0:55:20.884
and to be the Ministry of Culture to decide,

0:55:20.884,0:55:23.371
if this website,

0:55:23.371,0:55:25.404
As the links pages infringes or not

0:55:25.404,0:55:27.185
the intellectual property,

0:55:27.185,0:55:28.593
that is what the Sinde law did,

0:55:28.593,0:55:30.803
did not change the rules of the game,

0:55:30.803,0:55:32.282
but if it changed the referee,

0:55:32.282,0:55:33.636
in fact what happened when

0:55:33.636,0:55:34.763
changing the referee,

0:55:34.763,0:55:36.190
is that the Sinde commission

0:55:36.190,0:55:37.629
began to dictate judgments,

0:55:37.629,0:55:40.181
which were contrary to those pronounced

0:55:40.181,0:55:42.552
by the judges only a few months before,

0:55:42.552,0:55:44.568
and said just the opposite,

0:55:44.568,0:55:46.107
that what the judges said,

0:55:46.107,0:55:47.506
interpreting identical rules,

0:55:47.506,0:55:49.904
and besides changing the referee,

0:55:49.904,0:55:53.320
soon after, a year, or a year and a half later

0:55:53.320,0:55:55.107
changed the rules of the game,

0:55:55.107,0:55:57.226
reformed the Intellectual Property Law,

0:55:57.226,0:55:59.250
and reformed the Criminal Code,

0:55:59.250,0:56:00.618
and this reform

0:56:00.618,0:56:02.289
you will now understand perfectly,

0:56:02.289,0:56:04.673
without the need for great praise,

0:56:04.673,0:56:06.277
because we have seen how

0:56:06.277,0:56:08.129
your journey judicial,

0:56:08.129,0:56:10.594
and you are going to fit each of the reforms,

0:56:10.594,0:56:12.778
in your specific case

0:56:12.778,0:56:16.097
what they do with the Penal Code is,

0:56:16.097,0:56:19.956
they maintain article 270, which says:

0:56:19.956,0:56:23.664
public communication and profit motive,

0:56:23.664,0:56:26.548
and introduce you a new paragraph that says:

0:56:26.548,0:56:31.613
The same penalty as in the previous paragraph

0:56:31.613,0:56:34.610
will impose on those who maintain ordered

0:56:34.610,0:56:36.774
and classified listings of links to works

0:56:36.774,0:56:41.824
that are being disseminated without authorization,

0:56:41.824,0:56:49.090
when it has a direct or indirect profit,

0:56:49.090,0:56:50.287
to enter advertising

0:56:50.287,0:56:52.486
obviously in this Panorama,

0:56:52.486,0:56:55.637
this paragraph is expressly dedicated

0:56:55.637,0:56:59.216
to the pages of links.

0:56:59.216,0:57:01.898
As for the Soto case, what happened?

0:57:01.898,0:57:03.393
What happened was that

0:57:03.393,0:57:06.681
the cooperation to the infringement,

0:57:06.681,0:57:08.365
that term that was coined in 1999

0:57:08.365,0:57:09.746
United States in the with Napster,

0:57:09.746,0:57:11.370
did not exist in Spain,

0:57:11.370,0:57:12.995
and so that it existed,

0:57:12.995,0:57:15.874
included in article 138 which already existed,

0:57:15.874,0:57:18.366
adding a new paragraph stating that:

0:57:18.366,0:57:22.252
it will be responsible for the infringement,

0:57:22.252,0:57:23.623
not infringing,

0:57:23.623,0:57:26.255
but responsible for the infringement

0:57:26.255,0:57:29.808
of a third party, that in some way cooperated,

0:57:29.808,0:57:33.529
induces or promotes the infringement,

0:57:33.529,0:57:36.399
as is a field wide enough

0:57:36.399,0:57:38.713
to fill legal uncertainty

0:57:38.713,0:57:43.709
with people like Pablo Soto,

0:57:43.709,0:57:47.704
or like any of you who are software developers,

0:57:47.704,0:57:49.590
that is to say what he did,

0:57:49.590,0:57:53.176
or does because this article 138 is in force,

0:57:53.176,0:57:56.447
is that People like Pablo Soto,

0:57:56.447,0:57:57.848
who develop a technology

0:57:57.848,0:58:01.521
that can somehow be used for lawful purposes

0:58:01.521,0:58:03.226
and also to infringe intellectual property,

0:58:03.226,0:58:05.542
are inhibited from that development,

0:58:05.542,0:58:07.910
because the article 138

0:58:07.910,0:58:09.601
introduced a new paragraph,

0:58:09.601,0:58:12.986
ethereal enough to frighten To anyone,

0:58:12.986,0:58:14.725
because it speaks of terms

0:58:14.725,0:58:18.326
that are more specific to criminal law,

0:58:18.326,0:58:20.643
cooperate to induce or promote

0:58:20.643,0:58:23.491
the infringement of a third party.

0:58:23.491,0:58:25.097
With this article in hand

0:58:25.097,0:58:27.235
if Pablo Soto in his day,

0:58:27.235,0:58:28.930
had come to tell me,

0:58:28.930,0:58:31.845
I plan to develop a peer to peer tool,

0:58:31.845,0:58:34.997
I would have told him to be very careful,

0:58:34.997,0:58:37.185
because the article 138

0:58:37.185,0:58:39.036
introduced, is basically a

0:58:39.036,0:58:41.082
translated version in Spanish,

0:58:41.082,0:58:43.560
what the US courts said

0:58:43.560,0:58:45.708
when they coined the term

0:58:45.708,0:58:47.516
"cooperation to infringement"

0:58:47.516,0:58:49.335
to end Napster, which is just

0:58:49.335,0:58:51.337
the term that was not in Spain,

0:58:51.337,0:58:54.537
and which saved Pablo Soto,

0:58:54.537,0:58:56.110
but was not saved because

0:58:56.110,0:58:57.736
there was a gap in the Law,

0:58:57.736,0:59:00.349
nor because there was a gap now filled,

0:59:00.349,0:59:02.172
but because what was,

0:59:02.172,0:59:03.981
was a conscious decision of the legislator,

0:59:03.981,0:59:05.875
who is clear that software developers

0:59:05.875,0:59:08.404
are also creators of intellectual works,

0:59:08.404,0:59:10.761
and that need protection,

0:59:10.761,0:59:12.610
not the opposite, not a wall,

0:59:12.610,0:59:14.803
and what was not a gap,

0:59:14.803,0:59:17.440
there was a decision of the legislator

0:59:17.440,0:59:19.630
that said: "If we restrict

0:59:19.630,0:59:22.705
further software developers,

0:59:22.705,0:59:27.114
create cracks to unprotect

0:59:27.114,0:59:29.322
a certain work with anti copy systems,

0:59:29.322,0:59:31.405
it turns out To these creators

0:59:31.405,0:59:33.233
of intellectual works,

0:59:33.233,0:59:36.448
we are putting a lock

0:59:36.448,0:59:40.389
that will keep them from creating,

0:59:40.389,0:59:41.454
for fear that their technology

0:59:41.454,0:59:42.683
will be used for illicit purposes.

0:59:42.683,0:59:44.177
In this struggle between

0:59:44.177,0:59:46.201
creators of intellectual works,

0:59:46.201,0:59:48.439
has won by defeat, the industry

0:59:48.439,0:59:52.408
of non-functional works,

0:59:52.408,0:59:56.137
compared to that of functional works,

0:59:56.137,0:59:58.325
and that is the legislative landscape

0:59:58.325,1:00:01.237
with which we find now,

1:00:01.237,1:00:03.381
despite all the exchange

1:00:03.381,1:00:06.365
of works Intellectuals continue their course,

1:00:06.365,1:00:08.986
whether in peer-to-peer networks,

1:00:08.986,1:00:11.162
because as you know

1:00:11.162,1:00:12.986
there are peer to peer networks,

1:00:12.986,1:00:14.536
which are created with free software,

1:00:14.536,1:00:16.043
with exposed guts,

1:00:16.043,1:00:18.779
and that do not have a specific head,

1:00:18.779,1:00:20.700
but thousands of heads,

1:00:20.700,1:00:22.490
that collaboratively create their code,

1:00:22.490,1:00:24.389
and that are simply impossible to stop,

1:00:24.389,1:00:27.272
and if they could stop,

1:00:27.272,1:00:28.935
we know that you can not,

1:00:28.935,1:00:31.571
therefore a Pop Corn Time is born,

1:00:31.571,1:00:33.714
or is born any other way

1:00:33.714,1:00:36.133
of exchanging intellectual works,

1:00:36.133,1:00:37.818
which can not be stopped ,

1:00:37.818,1:00:40.481
this is known in the Ministry of Culture,

1:00:40.481,1:00:42.557
he fully knew when he was

1:00:42.557,1:00:44.364
Minister of Culture Wert,

1:00:44.364,1:00:47.062
he said that to be able to be

1:00:47.062,1:00:50.428
updated to new technologies,

1:00:50.428,1:00:52.034
to be able to stop this, so that

1:00:52.034,1:00:55.089
the law is abreast of new technologies,

1:00:55.089,1:00:56.771
that it was necessary to do

1:00:56.771,1:00:58.070
an Intellectual Property Law

1:00:58.070,1:00:59.717
every three months,

1:00:59.717,1:01:07.296
I think it fails even in that idea,

1:01:07.296,1:01:10.159
since it is said that

1:01:10.159,1:01:12.640
the Intellectual Property Law

1:01:12.640,1:01:14.563
will be changed in a specific sense,

1:01:14.563,1:01:17.704
until the law is effectively publishes

1:01:17.704,1:01:19.342
and enters into force,

1:01:19.342,1:01:20.760
passes the "vacatio legis",

1:01:20.760,1:01:22.698
have already come different ways of exchanging,

1:01:22.698,1:01:29.284
have jumped that new barrier,

1:01:29.284,1:01:31.118
that was very well with the case of Sinde.

1:01:31.118,1:01:34.805
When they took out the Sinde Law,

1:01:34.805,1:01:38.015
I was called to speak at

1:01:38.015,1:01:40.256
the San Sebastian Film Festival,

1:01:40.256,1:01:42.093
and I thought I would talk to

1:01:42.093,1:01:43.639
the filmmakers there,

1:01:43.639,1:01:45.000
precisely two things,

1:01:45.000,1:01:48.219
one that I thought the goal they were

1:01:48.219,1:01:50.009
getting was with the hand,

1:01:50.009,1:01:53.406
because the judge simply did not change

1:01:53.406,1:01:56.204
the rules of the game,

1:01:56.204,1:01:57.721
which were still legal,

1:01:57.721,1:01:59.556
what they did was break

1:01:59.556,1:02:01.256
the separation of powers, and say,

1:02:01.256,1:02:02.795
we opened an administrative route,

1:02:02.795,1:02:04.557
and we changed the referees of the conflict,

1:02:04.557,1:02:08.337
it seemed that they were looking for a short cut,

1:02:08.337,1:02:10.118
it seemed that the goal was

1:02:10.118,1:02:12.235
trying to insert with the hand,

1:02:12.235,1:02:15.127
but also did not enter the goal,

1:02:15.127,1:02:18.196
so it also does not score,

1:02:18.196,1:02:20.772
try to make a goal with the hand,

1:02:20.772,1:02:23.874
but neither They got it.

1:02:23.874,1:02:28.670
I tried to make a kind of experiment,

1:02:28.670,1:02:30.041
in the 20 minutes I was there,

1:02:30.041,1:02:31.410
with two other colleagues,

1:02:31.410,1:02:32.939
Nacho Vigalondo was at the table

1:02:32.939,1:02:35.668
and another person, in the 20, 30 minutes

1:02:35.668,1:02:37.295
I had to speak,

1:02:37.295,1:02:38.899
precisely the Sinde law,

1:02:38.899,1:02:41.607
What I did was an experiment

1:02:41.607,1:02:43.329
called Sinde table,

1:02:43.329,1:02:44.805
I put a hashtag on twitter

1:02:44.805,1:02:46.653
with the name Sinde table,

1:02:46.653,1:02:48.124
and I did not want to say

1:02:48.124,1:02:50.273
anything to not ruin the experiment,

1:02:50.273,1:02:52.030
to the tweeters who were there,

1:02:52.030,1:02:54.911
I just said with the hashtag table Sinde,

1:02:54.911,1:02:57.231
to he hour that begins my paper,

1:02:57.231,1:03:01.244
I will ask something to talk about

1:03:01.244,1:03:06.277
the inability to stop the pages link

1:03:06.277,1:03:09.857
with the law Sinde, because the Sinde law,

1:03:09.857,1:03:11.414
boasted of being able to close

1:03:11.414,1:03:14.072
a page of links in four months,

1:03:14.072,1:03:16.019
then took much more ,

1:03:16.019,1:03:17.909
but they said four months,

1:03:17.909,1:03:22.908
well, what we did was, open a page in

1:03:22.908,1:03:25.956
Google Docs to create a database,

1:03:25.956,1:03:28.560
page of links, only had a limitation,

1:03:28.560,1:03:31.355
they could start to send the links,

1:03:31.355,1:03:33.478
from the moment in that I began to speak,

1:03:33.478,1:03:37.277
and ended when I finished speaking,

1:03:37.277,1:03:39.429
to see how long it takes to make

1:03:39.429,1:03:44.383
a page of links to intellectual works,

1:03:44.383,1:03:46.982
which are elsewhere,

1:03:46.982,1:03:48.609
in the time it took to speak,

1:03:48.609,1:03:51.766
about the ineffectiveness of a Law,

1:03:51.766,1:03:53.707
after half an hour at the end

1:03:53.707,1:03:55.485
of the conference, I told the attendees,

1:03:55.485,1:03:59.172
I did an experiment that I did not tell you,

1:03:59.172,1:04:01.241
when I started to speak this hashtag,

1:04:01.241,1:04:04.518
and this is what has happened,

1:04:04.518,1:04:06.329
they created twenty link pages,

1:04:06.329,1:04:10.349
they had they open several pages in Google Docs,

1:04:10.349,1:04:12.720
because they made a database so extensive,

1:04:12.720,1:04:15.083
it did not fit and fell continuously,

1:04:15.083,1:04:17.049
so they opened several mirrors,

1:04:17.049,1:04:18.626
and created 20 pages of links,

1:04:18.626,1:04:22.378
in the time it takes a conference on effectiveness,

1:04:22.378,1:04:24.118
Or ineffectiveness of the Sinde law,

1:04:24.118,1:04:26.278
which was to close them in four months,

1:04:26.278,1:04:28.400
simply explained to the people there,

1:04:28.400,1:04:30.609
is that what you want to close

1:04:30.609,1:04:32.032
is the index of the encyclopedia,

1:04:32.032,1:04:33.839
but the encyclopedia still exists,

1:04:33.839,1:04:35.606
and there are very easy ways

1:04:35.606,1:04:37.523
to create an index in a matter of minutes.

1:04:37.523,1:04:40.570
Of course the director of the festival

1:04:40.570,1:04:44.040
was very angry, and I have not gone to

1:04:44.040,1:04:45.430
the San Sebastian Film Festival,

1:04:45.430,1:04:46.875
I have not been invited anymore,

1:04:46.875,1:04:48.009
for whatever reason.

1:04:48.009,1:04:52.178
Rebordinos, who is the director

1:04:52.178,1:04:53.693
of the San Sebastian Film Festival,

1:04:53.693,1:04:56.563
asked him the same day in "El País",

1:04:56.563,1:04:57.851
what did the experiment look like,

1:04:57.851,1:04:59.660
because the experiment had a lot of movement,

1:04:59.660,1:05:01.712
in fact it was a worldwide trending topic,

1:05:01.712,1:05:05.728
only surpassed by the hashtag of the word vagina

1:05:05.728,1:05:11.894
of but in short, was a very worthy second position,

1:05:11.894,1:05:17.295
and there was a lot of movement with that question,

1:05:17.295,1:05:19.851
the media called all parties asking what happened at

1:05:19.851,1:05:21.651
the San Sebastian Film Festival?,

1:05:21.651,1:05:24.773
and called Rebordinos was very angry and said:

1:05:24.773,1:05:26.879
this gentleman has not been called

1:05:26.879,1:05:28.334
here to mount this,

1:05:28.334,1:05:30.718
he has been called to talk about trans-media film,

1:05:30.718,1:05:32.523
I was surprised because

1:05:32.523,1:05:36.368
I do not know what trans-media cinema is,

1:05:36.368,1:05:39.117
everyone knows what I'm talking about, anyway,

1:05:39.117,1:05:40.988
I went there only instead of talking,

1:05:40.988,1:05:42.413
I tried to prove what I was saying,

1:05:42.413,1:05:45.908
and that seemed to go a little too far,

1:05:45.908,1:05:48.395
it's allowed to give your opinion but not to show it.

1:05:48.395,1:05:51.945
Then he became very angry,

1:05:51.945,1:05:55.725
and when asked two or three weeks later,

1:05:55.725,1:05:57.935
the San Sebastian film festival,

1:05:57.935,1:05:59.683
what had been the best and

1:05:59.683,1:06:01.511
worst moment of the festival?

1:06:01.511,1:06:03.986
said: The best had been talking to

1:06:03.986,1:06:06.207
Glenn Close of cooking recipes,

1:06:06.207,1:06:08.599
who can compete with that,

1:06:08.599,1:06:10.936
and what the worst,

1:06:10.936,1:06:12.580
although you can not speak

1:06:12.580,1:06:14.357
of one that is the worst,

1:06:14.357,1:06:16.104
but that I was the worst moment of

1:06:16.104,1:06:19.638
the Film Festival San Sebastian,

1:06:19.638,1:06:21.637
but it was quite funny,

1:06:21.637,1:06:24.717
and in definite accounts although this would close

1:06:24.717,1:06:26.427
the doors of the cinema,

1:06:26.427,1:06:28.236
something was demonstrated,

1:06:28.236,1:06:29.841
and put on the mat,

1:06:29.841,1:06:31.428
something that seems interesting,

1:06:31.428,1:06:34.942
what is done when a reality is impossible to stop?.

1:06:34.942,1:06:38.417
There is an American economist

1:06:38.417,1:06:42.095
who said that this download of the internet

1:06:42.095,1:06:43.955
was like the Law of Economic Gravity,

1:06:43.955,1:06:46.550
he was trying to say that

1:06:46.550,1:06:49.516
if you took a pen and released it, the pen fell,

1:06:49.516,1:06:53.941
and you can be against that happening,

1:06:53.941,1:06:56.955
And that you think it morally

1:06:56.955,1:07:00.595
very reprehensible that that happens,

1:07:00.595,1:07:03.178
and make thousands of laws that prohibit it,

1:07:03.178,1:07:05.646
and after all those campaigns

1:07:05.646,1:07:07.910
saying how bad it seems to you,

1:07:07.910,1:07:09.655
after making thousands of

1:07:09.655,1:07:11.237
laws that prohibit the fall of the pen,

1:07:11.237,1:07:12.869
someone will release a ball pen

1:07:12.869,1:07:14.507
somewhere and it will fall again,

1:07:14.507,1:07:17.372
the guy said that the download of the internet

1:07:17.372,1:07:19.223
was like the Law of Gravity,

1:07:19.223,1:07:21.011
and that there was little to do,

1:07:21.011,1:07:23.984
that what had to be done was to find an alternative,

1:07:23.984,1:07:27.529
so that the Creators, being a social benefit,

1:07:27.529,1:07:30.358
continue to create, and have an incentive to create,

1:07:30.358,1:07:32.634
and that could only be achieved,

1:07:32.634,1:07:35.325
with changes in business models,

1:07:35.325,1:07:37.880
and changes also in the remuneration systems

1:07:37.880,1:07:39.530
of creators, the guy said,

1:07:39.530,1:07:43.882
That in the days where the peer to peer networks

1:07:43.882,1:07:45.903
was the most attended,

1:07:45.903,1:07:48.429
said that the content industry,

1:07:48.429,1:07:51.063
this was said long before "Spotify",

1:07:51.063,1:07:53.335
long before "Netflix", or long before Filmin,

1:07:53.335,1:07:55.466
"Said that the content industry had

1:07:55.466,1:07:57.469
something that put them in a

1:07:57.469,1:07:58.950
very special competitive advantage,

1:07:58.950,1:08:00.887
ahead of the "peer to peer" networks,

1:08:00.887,1:08:02.502
those old "peer to peer" networks,

1:08:02.502,1:08:06.377
said: look at the content industry,

1:08:06.377,1:08:08.628
they have first the content before anyone else,

1:08:08.628,1:08:15.731
and can launch a peer to peer network

1:08:15.731,1:08:18.485
system remunerated for example with advertising,

1:08:18.485,1:08:20.724
or with subscription systems,

1:08:20.724,1:08:23.791
such as after Netflix was born,

1:08:23.791,1:08:27.795
and many think that gratuitousness is

1:08:27.795,1:08:30.594
the only reason it does that a mass of

1:08:30.594,1:08:36.910
potential clients will go from one place to another,

1:08:36.910,1:08:39.459
but it turns out not, that we can present

1:08:39.459,1:08:41.955
several systems, one that is free,

1:08:41.955,1:08:45.025
others "freemiun", other "premium",

1:08:45.025,1:08:48.181
and we can get those guys to get us have gone,

1:08:48.181,1:08:50.437
instead of chasing them with a stick to go back

1:08:50.437,1:08:52.462
to our stores,

1:08:52.462,1:08:56.689
to attract them with an alternative proposal,

1:08:56.689,1:08:59.501
to seduce them in some way,

1:08:59.501,1:09:02.063
said that peer to peer networks have some

1:09:02.063,1:09:04.404
negative issues, has the positive that is the price,

1:09:04.404,1:09:08.210
which is the fact that you can,

1:09:08.210,1:09:09.828
download it without paying for what you download,

1:09:09.828,1:09:11.099
but it has some negatives,

1:09:11.099,1:09:12.975
which a professional service like ours could remove,

1:09:12.975,1:09:14.562
have queue waiting,

1:09:14.562,1:09:17.123
we are talking about the times of "Emule"

1:09:17.123,1:09:21.061
has the possibility to infect you with viruses,

1:09:21.061,1:09:23.467
you have the possibility of fake you,

1:09:23.467,1:09:26.919
the famous "fake" as a classic example is:

1:09:26.919,1:09:31.115
you download a classic movie,

1:09:31.115,1:09:35.846
and in the end is a porn movie, or vice versa,

1:09:35.846,1:09:38.542
you can also , And that is almost worse,

1:09:38.542,1:09:44.464
that you download a porn movie, and be a classic,

1:09:44.464,1:09:46.615
anyway, the fact is that it is not what

1:09:46.615,1:09:48.499
you were looking for, or that you download

1:09:48.499,1:09:52.114
"Lies and Fat", and "Lies and Fat"

1:09:52.114,1:09:54.647
In short that some of this happens,

1:09:54.647,1:09:56.238
and said we can go here,

1:09:56.238,1:09:59.943
and then came out "Spotify",

1:09:59.943,1:10:02.727
and then came out "Netflix",

1:10:02.727,1:10:04.730
and it has been proven,

1:10:04.730,1:10:06.920
that if there is something that downloads

1:10:06.920,1:10:10.875
they are not the proper names of Sinde, Wert, Lasalle,

1:10:10.875,1:10:13.751
but rather are their own names similar to

1:10:13.751,1:10:16.434
"Netflix", "Filmim", "Spotify",

1:10:16.434,1:10:18.710
and it was also said that in France,

1:10:18.710,1:10:20.240
a system was proposed in the past,

1:10:20.240,1:10:22.853
basically following the thought,

1:10:22.853,1:10:24.897
that what is taken advantage of by all,

1:10:24.897,1:10:26.799
must be held by all,

1:10:26.799,1:10:29.560
and spoke of the optional general license,

1:10:29.560,1:10:32.411
an amount you pay is a form of tax,

1:10:32.411,1:10:35.643
which differs from the famous "Canon" to CDs,

1:10:35.643,1:10:38.318
in the fact of the word Optional,

1:10:38.318,1:10:40.815
we speak of general license as an option,

1:10:40.815,1:10:42.456
that is to say it was paid by

1:10:42.456,1:10:44.429
those who actually used it,

1:10:44.429,1:10:46.092
or would use the network for this,

1:10:46.092,1:10:47.762
and paid it not to the "Sgae"

1:10:47.762,1:10:49.240
to distribute it among its partners,

1:10:49.240,1:10:51.135
nor to the other seven entities Of management,

1:10:51.135,1:10:52.707
but paid it to the state that distributed

1:10:52.707,1:10:56.096
it among the authors,

1:10:56.096,1:10:58.694
who identified themselves with certain watermarks,

1:10:58.694,1:11:00.876
in a system similar to that proposed to

1:11:00.876,1:11:02.791
Richard Stallman and William Fisher,

1:11:02.791,1:11:04.797
both were cited in the book "Free Culture"

1:11:04.797,1:11:07.666
by Lawrence Lessig,

1:11:07.666,1:11:10.005
when we talked about this impasse,

1:11:10.005,1:11:11.637
where it seemed that we had arrived,

1:11:11.637,1:11:14.502
and which had been advanced Lessig said,

1:11:14.502,1:11:18.864
to the conflict several years in advance,

1:11:18.864,1:11:21.560
had seen as a visionary that this was not

1:11:21.560,1:11:23.256
going to reach no part,

1:11:23.256,1:11:26.695
long before we saw that the alley was dead-end,

1:11:26.695,1:11:28.775
and already proposed an exit in these terms,

1:11:28.775,1:11:31.497
and in France was not only rejected,

1:11:31.497,1:11:34.243
but what they did was to impose the Hadopi law,

1:11:34.243,1:11:37.047
which was to cut the connection

1:11:37.047,1:11:40.147
of those who connected to peer to peer networks.

1:11:40.147,1:11:41.816
In the United States,

1:11:41.816,1:11:45.276
they proposed not only to cut the connection

1:11:45.276,1:11:47.148
of those who connect to peer to peer networks,

1:11:47.148,1:11:49.021
but to destroy by remote control,

1:11:49.021,1:11:51.975
the computer from which they connect

1:11:51.975,1:11:53.559
to peer to peer networks.

1:11:53.559,1:11:56.594
US Senator Orrin Hatch who was also a composer

1:11:56.594,1:12:01.166
and had the poor head lost, and rejected it,

1:12:01.166,1:12:03.168
but although they rejected this

1:12:03.168,1:12:05.192
in the United States,

1:12:05.192,1:12:08.240
the level of punishment to try to stop

1:12:08.240,1:12:10.771
what was unstoppable rose so much,

1:12:10.771,1:12:12.611
that the fine that can fall

1:12:12.611,1:12:14.066
for downloading two songs,

1:12:14.066,1:12:17.296
is greater than the maximum fine

1:12:17.296,1:12:22.002
that can fall to a doctor,

1:12:22.002,1:12:24.330
who mistakenly amputates a good leg,

1:12:24.330,1:12:26.195
why? because

1:12:26.195,1:12:28.345
precisely because we spoke at the beginning,

1:12:28.345,1:12:29.946
because they found that neither

1:12:29.946,1:12:30.987
with the demands a Brianna LaHara,

1:12:30.987,1:12:32.855
nor with the demands of Gertrude Walton,

1:12:32.855,1:12:34.560
were able to stop this reality,

1:12:34.560,1:12:36.221
and they continued raising the level of punishment,

1:12:36.221,1:12:38.376
until reaching these bizarre limits,

1:12:38.376,1:12:40.004
and then came out "Netflix",

1:12:40.004,1:12:42.094
and then came out "Spotify",

1:12:42.094,1:12:43.959
because it seems that in some Countries

1:12:43.959,1:12:46.004
is already coming to the conclusion

1:12:46.004,1:12:47.778
that no matter how much we change the laws,

1:12:47.778,1:12:49.746
somewhere there will be someone

1:12:49.746,1:12:51.355
who will pick up the pen,

1:12:51.355,1:12:53.676
it will jump and it will fall.

1:12:53.676,1:12:55.899
This is all friends thanks.

1:12:56.658,1:13:03.164
Hecho por : MIGUEL POMBOZA GUADALUPE