1 00:00:08,027 --> 00:00:10,791 Welcome to a new conference 2 00:00:10,791 --> 00:00:13,037 of the subject of ethic, legislation and profession. 3 00:00:13,037 --> 00:00:16,452 We have a very special guest: 4 00:00:16,452 --> 00:00:18,958 David Bravo, lawyer expert in intellectual property 5 00:00:18,958 --> 00:00:21,308 and, now, I leave you with him. 6 00:00:23,237 --> 00:00:27,770 Thank you, hello everyone, thank you 7 00:00:27,770 --> 00:00:30,174 for coming to the presentation. 8 00:00:30,174 --> 00:00:33,924 By the way, I loved the presentation 9 00:00:33,924 --> 00:00:37,196 made by the delegation of computer science students 10 00:00:37,196 --> 00:00:39,854 who posted in twitter that you 11 00:00:39,854 --> 00:00:42,235 do not miss the conference of someone 12 00:00:42,235 --> 00:00:44,709 who has a facebook group asking 13 00:00:44,709 --> 00:00:47,281 for him to be Minister of Culture. 14 00:00:47,281 --> 00:00:49,666 I am at the top as you can see my friends, 15 00:00:49,666 --> 00:00:52,018 my titles never end. 16 00:00:52,018 --> 00:00:54,610 Yes, I am basically a lawyer 17 00:00:54,610 --> 00:00:56,688 specialised in intellectual property and 18 00:00:56,688 --> 00:01:00,634 for ten years more or less I have been 19 00:01:00,634 --> 00:01:02,899 working in intellectual property 20 00:01:02,899 --> 00:01:05,401 issues and defending those who the 21 00:01:05,401 --> 00:01:07,070 content industry has called 22 00:01:07,070 --> 00:01:09,554 pyrates and we will later see with the 23 00:01:09,554 --> 00:01:11,439 results of the legal actions if they 24 00:01:11,439 --> 00:01:13,249 really are or not and also the legislative 25 00:01:13,249 --> 00:01:17,054 changes that have taken place about it. 26 00:01:17,054 --> 00:01:19,721 In this conference, 27 00:01:19,721 --> 00:01:23,556 we will adress the issue of the 28 00:01:23,556 --> 00:01:26,624 legal attacks or legal actions 29 00:01:26,624 --> 00:01:31,327 that have been exercised against the exchange 30 00:01:31,327 --> 00:01:34,628 of intellectual works through internet 31 00:01:34,628 --> 00:01:36,635 We will see what is the result of 32 00:01:36,635 --> 00:01:40,517 this legal actions and how it has 33 00:01:40,517 --> 00:01:42,609 changed the legislation after the 34 00:01:42,609 --> 00:01:46,977 sentence that has had a particular 35 00:01:46,977 --> 00:01:51,383 sign that one part of this strife 36 00:01:51,383 --> 00:01:53,894 did not like. As in every 37 00:01:53,894 --> 00:01:57,841 conflict, there are many ways to solve it. 38 00:01:57,841 --> 00:02:00,222 In this issue about intellectual 39 00:02:00,222 --> 00:02:02,957 property and in order to sum 40 00:02:02,957 --> 00:02:04,157 it up, 41 00:02:04,157 --> 00:02:06,860 I will say that in the issue 42 00:02:06,860 --> 00:02:10,783 of file transfer, there are two sides 43 00:02:10,783 --> 00:02:13,585 in conflict. One says 44 00:02:13,585 --> 00:02:14,841 that this 45 00:02:14,841 --> 00:02:18,734 can be stop and must be stop 46 00:02:18,734 --> 00:02:21,896 with a legislation that ought to be 47 00:02:21,896 --> 00:02:26,593 the most punitive possible in order to forbid 48 00:02:26,593 --> 00:02:29,928 certain mass and routine habits 49 00:02:29,928 --> 00:02:33,174 among citizens. And another 50 00:02:33,174 --> 00:02:36,227 group that believes that 51 00:02:36,227 --> 00:02:41,357 this apart from being bad, it is 52 00:02:41,357 --> 00:02:44,544 also impossible to put into practice and 53 00:02:44,544 --> 00:02:49,400 that we are speaking about trying to stop 54 00:02:49,400 --> 00:02:51,441 something that, technologically, is impossible 55 00:02:51,441 --> 00:02:54,866 to stop. Between this two 56 00:02:54,866 --> 00:02:58,127 movements, there are lots of persons who 57 00:02:58,127 --> 00:03:01,004 are in between and they take a bit of each position. 58 00:03:01,004 --> 00:03:02,484 Of course there is a wide 59 00:03:02,484 --> 00:03:04,590 variety of different possible positions, 60 00:03:04,590 --> 00:03:05,249 and, without doubt, 61 00:03:05,249 --> 00:03:08,355 it is the first one, the position that it is being impossed 62 00:03:08,355 --> 00:03:11,026 in all legislations worldwide. 63 00:03:11,026 --> 00:03:13,435 With a legislation that it is each day 64 00:03:13,435 --> 00:03:16,427 more restrictive about intellectual 65 00:03:16,427 --> 00:03:18,685 property rights and growing more and 66 00:03:18,685 --> 00:03:22,230 more the penalties for certain acts 67 00:03:22,230 --> 00:03:24,610 that are pretended to be illegal. 68 00:03:24,610 --> 00:03:27,640 In the legislation, sanctions are growing 69 00:03:27,655 --> 00:03:30,468 because it is understood that with 70 00:03:30,468 --> 00:03:33,381 the ones there were against routine acts 71 00:03:33,381 --> 00:03:35,610 like transfer of file on internet, it could not 72 00:03:35,610 --> 00:03:37,534 be stopped. As it was not stopped, 73 00:03:37,534 --> 00:03:40,392 penalties were increased again and again and 74 00:03:40,392 --> 00:03:41,968 again as it might be a point where it 75 00:03:41,968 --> 00:03:46,933 coul be stopped. 76 00:03:46,933 --> 00:03:52,279 The legal attack started in the U.S. 77 00:03:52,279 --> 00:03:54,516 back in the time of Napster; I do not 78 00:03:54,516 --> 00:03:57,367 know if you can remember it. It was 1999 79 00:03:57,367 --> 00:04:00,253 and Napster was in vogue, Metallica was the 80 00:04:00,253 --> 00:04:03,347 first group that pointed out at the 81 00:04:03,347 --> 00:04:05,894 users as being responsible of the 82 00:04:05,894 --> 00:04:08,431 possible illegalities and since then, since 83 00:04:08,431 --> 00:04:13,779 1999 and until now, the legal 84 00:04:13,779 --> 00:04:15,507 battle has not stopped. 85 00:04:15,507 --> 00:04:18,625 In the U.S. they decided to take legal actions. 86 00:04:18,625 --> 00:04:20,725 following this 87 00:04:20,725 --> 00:04:22,314 logic, after finishing with 88 00:04:22,314 --> 00:04:25,140 Napster, they continued by going 89 00:04:25,140 --> 00:04:28,707 after the individual users and 90 00:04:28,707 --> 00:04:30,957 inniciated legal actions against thousands of 91 00:04:30,957 --> 00:04:33,052 users that exchanged works through 92 00:04:33,052 --> 00:04:34,848 the Internet and if this action 93 00:04:34,848 --> 00:04:38,505 showed something, it was that this social 94 00:04:38,505 --> 00:04:42,046 reality we are talking about was 95 00:04:42,046 --> 00:04:44,487 much more heterogeneous than what it 96 00:04:44,487 --> 00:04:45,423 was thought. 97 00:04:45,423 --> 00:04:47,906 It was thoguht that this was a youthful 98 00:04:47,906 --> 00:04:50,071 matter or even a temporary 99 00:04:50,071 --> 00:04:52,467 situation, but when this legal actions 100 00:04:52,467 --> 00:04:55,045 started, the demanded made clear that 101 00:04:55,045 --> 00:04:57,345 they were a social mass that, 102 00:04:57,345 --> 00:04:58,737 although the majority were 103 00:04:58,737 --> 00:05:00,264 young persons who have grown up with 104 00:05:00,264 --> 00:05:02,088 the new technologies, it reached to 105 00:05:02,088 --> 00:05:05,433 all social backgrounds, independently 106 00:05:05,433 --> 00:05:06,694 of age or social class. 107 00:05:06,694 --> 00:05:09,559 It was exposed for 108 00:05:09,559 --> 00:05:12,427 example by situation of Brianna Lahara, 109 00:05:12,427 --> 00:05:14,683 a twelve years old girl that was 110 00:05:14,683 --> 00:05:16,219 sue in the U.S. because she 111 00:05:16,219 --> 00:05:18,500 downloaded music from Internet. It 112 00:05:18,500 --> 00:05:20,681 was curious how they put the 113 00:05:20,681 --> 00:05:24,796 top for the compensation. In the 114 00:05:24,796 --> 00:05:25,754 U.S. 115 00:05:25,754 --> 00:05:28,789 the plaintiff was RIAA which represents the 116 00:05:28,789 --> 00:05:30,984 record industry in America 117 00:05:30,984 --> 00:05:33,272 and what they did was that when 118 00:05:33,272 --> 00:05:35,323 it came to light the scandal that a kid 119 00:05:35,323 --> 00:05:37,154 was being sued by the RIAA, the RIAA 120 00:05:37,154 --> 00:05:39,672 stood up and announced they were going 121 00:05:39,672 --> 00:05:41,678 to solve it out of cort with 122 00:05:41,678 --> 00:05:46,135 an agreement, so they asked how much money 123 00:05:46,135 --> 00:05:48,436 did Brianna LaHara have, as she is a 124 00:05:48,436 --> 00:05:50,548 twelve years old girl, so they could reach an agreement. 125 00:05:50,548 --> 00:05:54,632 Of course, the parents and the girl replied that 126 00:05:54,632 --> 00:05:56,188 she had nothing because she was a kid 127 00:05:56,188 --> 00:05:59,160 so they asked if the girl had 128 00:05:59,160 --> 00:06:00,830 any savings for the university 129 00:06:00,830 --> 00:06:03,198 as you know that in the U.S. it is 130 00:06:03,198 --> 00:06:07,464 usual. The parents answered affirmatively, 131 00:06:07,464 --> 00:06:09,171 she had three thousand dollars they 132 00:06:09,171 --> 00:06:10,933 were depositing in a bank account in 133 00:06:10,935 --> 00:06:14,440 her name for her university when she 134 00:06:14,452 --> 00:06:18,554 grows up. So they put three thousands dollars 135 00:06:18,554 --> 00:06:20,184 as the amount they demanded for an 136 00:06:20,184 --> 00:06:21,768 out of cort agreement. That way, 137 00:06:21,768 --> 00:06:23,568 they sended a clear message, 138 00:06:23,568 --> 00:06:25,367 they were going to ask for all 139 00:06:25,367 --> 00:06:27,967 the money you had witohut any 140 00:06:27,967 --> 00:06:29,180 distinction. 141 00:06:29,180 --> 00:06:31,190 Related to age, another paradigmatic 142 00:06:31,190 --> 00:06:32,996 case refering to age, so we 143 00:06:32,996 --> 00:06:34,507 can see the heterogenic group 144 00:06:34,507 --> 00:06:36,009 we are talking about, is the case of 145 00:06:36,009 --> 00:06:37,924 Gertrude Walton a grandmother tha surprisingly 146 00:06:37,924 --> 00:06:41,186 was sued for downloading rap music, which 147 00:06:41,186 --> 00:06:44,613 is strange. It was a weird situation that was 148 00:06:44,613 --> 00:06:45,613 shown in the press, 149 00:06:45,613 --> 00:06:46,962 a eighty-three years old grandmother 150 00:06:46,962 --> 00:06:50,516 downloading rap music, her niece 151 00:06:50,516 --> 00:06:52,412 claimed that it was all 152 00:06:52,412 --> 00:06:54,748 absolutely impossible, that her 153 00:06:54,748 --> 00:06:58,250 grandmother had never downloaded rap music 154 00:06:58,250 --> 00:07:01,745 and she laid on the table two legal 155 00:07:01,745 --> 00:07:05,178 solid reasonings so that the demand 156 00:07:05,178 --> 00:07:06,863 ended in nothing. First one was to say 157 00:07:06,863 --> 00:07:09,764 that her grandmother never liked rap music 158 00:07:09,764 --> 00:07:12,541 and the second one was that in the moment 159 00:07:12,541 --> 00:07:14,858 of the incident, her grandmother was 160 00:07:14,858 --> 00:07:18,215 dead. 161 00:07:18,215 --> 00:07:21,120 It meant she had an alibi, 162 00:07:23,986 --> 00:07:26,595 so the legal action 163 00:07:26,595 --> 00:07:28,768 was stopped, although the message left 164 00:07:28,776 --> 00:07:31,539 was clear. Identically, this 165 00:07:31,539 --> 00:07:33,115 legal actions have spread from 166 00:07:33,115 --> 00:07:35,467 the U.S. to the rest of the globe 167 00:07:35,467 --> 00:07:38,431 including Spain where legal actions 168 00:07:38,431 --> 00:07:40,382 have been inicaited against 169 00:07:40,382 --> 00:07:42,060 absolutely all actors that 170 00:07:42,060 --> 00:07:43,640 take part in the exchange 171 00:07:43,640 --> 00:07:45,448 of files through Internet: 172 00:07:45,448 --> 00:07:47,574 Users, link pages to this 173 00:07:47,574 --> 00:07:49,378 files as we will see later and 174 00:07:49,378 --> 00:07:52,540 even the software developers that 175 00:07:52,540 --> 00:07:55,244 created the P2P program that allows 176 00:07:55,244 --> 00:07:57,466 the exchange of files, not to 177 00:07:57,466 --> 00:08:00,220 mention also those who host the 178 00:08:00,220 --> 00:08:04,200 contents. As you all know the famous direct 179 00:08:04,200 --> 00:08:07,230 download page of Megaupload that had legal 180 00:08:07,230 --> 00:08:09,167 actions taken against them. Nonetheless 181 00:08:09,167 --> 00:08:11,454 in Spain there had also been legal 182 00:08:11,454 --> 00:08:13,247 actions against the big content 183 00:08:13,247 --> 00:08:15,036 containers and one of them for 184 00:08:15,036 --> 00:08:18,041 example is Youtube which in the end is 185 00:08:18,041 --> 00:08:20,194 nothing more than intermediary that what it 186 00:08:20,194 --> 00:08:22,210 does is to host content uploaded by its 187 00:08:22,210 --> 00:08:24,834 own users. 188 00:08:27,409 --> 00:08:29,300 Of course, in this issue of 189 00:08:29,300 --> 00:08:32,111 the intellectual property as you see 190 00:08:32,111 --> 00:08:35,601 there are basically two options and 191 00:08:35,601 --> 00:08:38,537 between them which are 192 00:08:38,537 --> 00:08:41,460 either we go to the restriction of this 193 00:08:41,460 --> 00:08:42,999 habits through the legislative way 194 00:08:42,999 --> 00:08:45,175 or we accept that this is a reality 195 00:08:45,175 --> 00:08:47,368 impossible to stop in practice and 196 00:08:47,368 --> 00:08:48,637 we look for an alternative way 197 00:08:48,637 --> 00:08:50,238 of remuneration with new business 198 00:08:50,238 --> 00:08:52,247 models adapted to this new 199 00:08:52,247 --> 00:08:55,207 reality in those two possible 200 00:08:55,207 --> 00:08:57,502 solutions among many other. 201 00:08:57,502 --> 00:09:00,263 Among them we found that the 202 00:09:02,196 --> 00:09:04,405 industry, previous to legal 203 00:09:04,405 --> 00:09:07,243 actions and previous to any legal 204 00:09:07,243 --> 00:09:09,207 reform, as it always is usually done 205 00:09:09,207 --> 00:09:11,810 and in fact it is called in legal 206 00:09:11,810 --> 00:09:13,757 doctrine, prelegislative stage. This 207 00:09:13,757 --> 00:09:15,665 phase has a concrete name in the 208 00:09:15,665 --> 00:09:18,028 legal doctrine, what it happens always, 209 00:09:18,028 --> 00:09:21,265 when there is a group of power that wants 210 00:09:21,265 --> 00:09:24,090 to change a legislation, what they make is 211 00:09:24,090 --> 00:09:26,484 to present to the legislator a 212 00:09:26,484 --> 00:09:28,728 reality that recquires of his 213 00:09:28,728 --> 00:09:32,772 intervention. This is the reason for what there is 214 00:09:32,772 --> 00:09:34,058 made the 215 00:09:34,058 --> 00:09:35,631 famous awareness campaigns, those 216 00:09:35,631 --> 00:09:37,493 awareness campaigns that appear 217 00:09:37,493 --> 00:09:41,698 in the cinema, in T.V., in the 218 00:09:41,698 --> 00:09:44,915 radio or even at schools. What they 219 00:09:44,915 --> 00:09:47,257 make is to present to the legislator a 220 00:09:47,257 --> 00:09:49,834 reality, a reality painted in a 221 00:09:49,834 --> 00:09:51,947 specific way, serious 222 00:09:51,947 --> 00:09:53,753 enough so their intervention it is 223 00:09:53,753 --> 00:09:54,900 needed. 224 00:09:54,900 --> 00:09:59,169 Well, in Spain we have passed it and 225 00:09:59,169 --> 00:10:01,385 we are still in it because it is made 226 00:10:01,385 --> 00:10:04,152 simultaneously or it never ends that 227 00:10:04,152 --> 00:10:05,448 awareness phase 228 00:10:07,148 --> 00:10:10,588 that started officially in 2005. A year 229 00:10:12,113 --> 00:10:16,745 before, in 2004, in the 21th of June that 230 00:10:16,745 --> 00:10:18,387 it is the international day for music. 231 00:10:18,387 --> 00:10:21,304 They went to see the fromer president 232 00:10:21,304 --> 00:10:24,431 Zapatero, they were a variety of musicians, that 233 00:10:24,431 --> 00:10:26,828 for me, they are the, probably, less 234 00:10:26,828 --> 00:10:29,365 representative of the music world, they 235 00:10:29,365 --> 00:10:31,545 are the best selling artists, probably 236 00:10:31,545 --> 00:10:35,174 those who less represent the music 237 00:10:35,174 --> 00:10:37,072 sector. They went there and 238 00:10:37,072 --> 00:10:38,423 told Zapatero that he had to do 239 00:10:38,423 --> 00:10:40,386 something about the downloads issue. 240 00:10:40,386 --> 00:10:42,583 from the perspective of repression, 241 00:10:42,583 --> 00:10:44,500 meaning, from the perspective of this 242 00:10:44,500 --> 00:10:47,740 political solution and no other. 243 00:10:48,814 --> 00:10:50,930 Went there for example Alejandro Sanz and 244 00:10:50,930 --> 00:10:53,274 David Bisbal, who is now sadly 245 00:10:53,274 --> 00:10:55,560 present due to what he did 246 00:10:55,577 --> 00:11:00,957 to Chenoa. And when Zapatero listened to 247 00:11:00,957 --> 00:11:04,009 the laboral difficulties of David Bisbal and how 248 00:11:04,009 --> 00:11:05,791 he does not have a stone heart, he 249 00:11:05,791 --> 00:11:09,053 told them that he was going to intervene and in the year 250 00:11:09,053 --> 00:11:12,488 2005 the antipiracy plan was adopted. 251 00:11:12,488 --> 00:11:13,978 The antipiracy plan, what 252 00:11:13,978 --> 00:11:15,375 it basically did was to 253 00:11:15,375 --> 00:11:16,995 institutionalised as any possible 254 00:11:16,995 --> 00:11:21,857 way the repression. In order to 255 00:11:21,857 --> 00:11:23,858 explain what ought to be done with 256 00:11:23,858 --> 00:11:25,450 the issue of the intellectual property, 257 00:11:25,450 --> 00:11:27,479 far from other persons like Stallman 258 00:11:27,479 --> 00:11:29,972 or Lessig who have a vision about 259 00:11:29,972 --> 00:11:31,244 intellectual property 260 00:11:31,244 --> 00:11:33,366 much more opened, the only possible 261 00:11:33,366 --> 00:11:35,623 vision and the one to be translated 262 00:11:35,623 --> 00:11:38,432 from all sides was that 263 00:11:38,432 --> 00:11:40,354 intellectual property must be 264 00:11:40,354 --> 00:11:42,224 restricted, it means, repress 265 00:11:42,224 --> 00:11:45,538 this behaviors. That solution was 266 00:11:45,538 --> 00:11:47,631 released in all communication 267 00:11:47,631 --> 00:11:49,319 media as only possible way. 268 00:11:49,319 --> 00:11:52,370 in fact, the antipiracy commission of the 269 00:11:52,370 --> 00:11:55,017 Culture Ministry, when talks about 270 00:11:55,017 --> 00:11:56,784 the campaigns calling for 271 00:11:56,784 --> 00:11:58,931 awareness, it says that last 272 00:11:58,931 --> 00:12:01,276 campaign, when talking about the last, 273 00:12:01,276 --> 00:12:03,416 it said that it should be maintained, this campaign, 274 00:12:03,416 --> 00:12:06,185 for a long time, so it could be 275 00:12:06,185 --> 00:12:10,020 interiorised by the citizens and that 276 00:12:10,020 --> 00:12:11,678 the plan of the media in the campaign had 277 00:12:11,678 --> 00:12:14,303 as objective, to reach the highest number of 278 00:12:14,303 --> 00:12:16,033 persons, an addecuated number of times 279 00:12:16,033 --> 00:12:19,434 so that the message can penetrate. It means, 280 00:12:19,434 --> 00:12:21,619 when we are talking in these 281 00:12:21,619 --> 00:12:24,612 terms, when we talked in these terms, 282 00:12:24,612 --> 00:12:26,237 that the message has to be repeated a 283 00:12:26,237 --> 00:12:28,016 proper number of times so the message 284 00:12:28,016 --> 00:12:30,120 penetrates. We are far away from 285 00:12:30,120 --> 00:12:32,051 awareness campaigns and we are 286 00:12:32,051 --> 00:12:33,873 under pure propaganda and we are talking 287 00:12:33,873 --> 00:12:35,408 about political propaganda. 288 00:12:35,408 --> 00:12:38,160 We are talking about sending a 289 00:12:38,160 --> 00:12:41,283 political message about a possibility to solve 290 00:12:41,283 --> 00:12:43,148 the problem from a range of different solutions 291 00:12:43,148 --> 00:12:46,137 and saying that it is the only possible 292 00:12:46,137 --> 00:12:50,152 solution. This campaigns are made in all 293 00:12:50,152 --> 00:12:52,999 situations and like two week ago, it 294 00:12:52,999 --> 00:12:54,805 was voted in the culture commission a PNL 295 00:12:54,805 --> 00:12:58,606 where it was propose that these 296 00:12:58,606 --> 00:13:04,027 campaigns were taken to schools, 297 00:13:04,452 --> 00:13:07,181 something that has previously ocurred, because 298 00:13:07,181 --> 00:13:08,595 they considered us to be 299 00:13:08,595 --> 00:13:10,405 the lost generation as they call it. 300 00:13:10,405 --> 00:13:12,831 This is to say to people that grew up 301 00:13:12,831 --> 00:13:15,100 in a certain way, that has a 302 00:13:15,100 --> 00:13:17,631 concrete way fo thinking and a 303 00:13:17,648 --> 00:13:19,412 immovable way to make things and 304 00:13:19,412 --> 00:13:22,475 that what it had to be done was to go to 305 00:13:22,475 --> 00:13:24,549 kids in schools so that from 306 00:13:24,549 --> 00:13:26,091 the beginning 307 00:13:26,091 --> 00:13:28,275 they think this certain way from 308 00:13:28,275 --> 00:13:31,240 the schools. In the Commission of 309 00:13:31,240 --> 00:13:33,579 Culture of the 310 00:13:33,579 --> 00:13:36,064 Congress, it was voted a PNL where it 311 00:13:36,064 --> 00:13:38,330 talked about taking this awareness 312 00:13:38,330 --> 00:13:40,145 campaigns to schools and it was 313 00:13:40,145 --> 00:13:44,194 voted favorably by the groups with 314 00:13:44,194 --> 00:13:46,365 the abstention 315 00:13:46,365 --> 00:13:49,888 for me indefensible of Podemos that 316 00:13:49,888 --> 00:13:51,764 voted 'No' in the 317 00:13:51,764 --> 00:13:54,909 pass legislature, but this campaign 318 00:13:54,909 --> 00:13:59,063 we can see is not only directed to 319 00:13:59,063 --> 00:14:00,636 children because we have seen 320 00:14:00,636 --> 00:14:03,651 each Christmas ther is a campaign of the 321 00:14:03,651 --> 00:14:05,380 so called for awareness 322 00:14:05,380 --> 00:14:07,207 i do not know if you remember, it was 323 00:14:07,207 --> 00:14:09,061 called "Defend your culture", it had 324 00:14:09,061 --> 00:14:10,613 a slogan specially 325 00:14:10,613 --> 00:14:15,098 fool, the slogan was "If you are legal, you are 326 00:14:15,098 --> 00:14:19,442 legal" seriously, I do not know who designed 327 00:14:19,442 --> 00:14:21,232 the campaign. They can get back the money 328 00:14:21,232 --> 00:14:23,820 yet but it was that and it had 329 00:14:23,820 --> 00:14:28,351 a part of contest, really weird, 330 00:14:28,351 --> 00:14:31,233 where what they had to do was to send 331 00:14:31,233 --> 00:14:35,124 a message saying how did it affect you 332 00:14:35,124 --> 00:14:37,035 the so called piracy and they, 333 00:14:37,035 --> 00:14:41,065 three experts of culture from the Ministry, 334 00:14:41,065 --> 00:14:43,569 looked at the messages and they three, 335 00:14:43,569 --> 00:14:47,323 together, they decided which one was 336 00:14:47,323 --> 00:14:50,215 the best of the month, and published and give 337 00:14:50,215 --> 00:14:52,986 a present that were two tickets for the 338 00:14:52,986 --> 00:14:55,062 Prado Museum, which as a git is not 339 00:14:55,062 --> 00:14:57,326 a big thing, but it could be use for resae or 340 00:14:57,326 --> 00:14:59,402 whatever. 341 00:14:59,402 --> 00:15:02,721 That was the gift the contest had. 342 00:15:02,721 --> 00:15:05,639 So the people started sending 343 00:15:05,639 --> 00:15:07,265 their message about how they were affected 344 00:15:07,265 --> 00:15:09,412 by piracy and as we are hearing 345 00:15:09,412 --> 00:15:11,967 so many strange thing for the issue 346 00:15:11,967 --> 00:15:15,599 of piracy that the poor moderator 347 00:15:15,599 --> 00:15:17,632 they had in there in the 348 00:15:17,632 --> 00:15:19,625 web page was unabke to distinguish 349 00:15:19,625 --> 00:15:21,528 when they were being serious and 350 00:15:21,528 --> 00:15:23,705 when they were joking because 351 00:15:23,705 --> 00:15:25,055 for example, Antonio Guisasola, 352 00:15:25,055 --> 00:15:29,093 president of Promusicae, it means, the 353 00:15:29,093 --> 00:15:31,618 we could say 354 00:15:31,618 --> 00:15:33,221 boss of record industry 355 00:15:33,221 --> 00:15:37,160 here in Spain, says things like that 356 00:15:37,160 --> 00:15:39,502 discographies are so 357 00:15:39,511 --> 00:15:41,677 worried about the internet 358 00:15:41,677 --> 00:15:43,810 download issue that even the 359 00:15:43,810 --> 00:15:45,579 street sellers went to Promusica to protest 360 00:15:45,579 --> 00:15:49,273 for internet downloads, It means that 361 00:15:49,273 --> 00:15:52,752 in the history of Guisaola seems 362 00:15:52,752 --> 00:15:54,823 an episode of the "Chanante Hour" is that 363 00:15:54,823 --> 00:15:57,225 street sellers went to speak with 364 00:15:57,225 --> 00:15:59,606 Guisaola to tell him "I cannot sell 365 00:15:59,606 --> 00:16:02,264 pirated discs because they are downloaded from 366 00:16:02,264 --> 00:16:04,238 Internet" complaining to Guisaola, it means 367 00:16:04,238 --> 00:16:07,796 if that street seller exists, he is God 368 00:16:07,796 --> 00:16:09,990 I want him as minister now then. 369 00:16:09,990 --> 00:16:13,747 Clearly it cost the moderator 370 00:16:13,747 --> 00:16:15,552 a lot of work to distinguish when 371 00:16:15,552 --> 00:16:18,215 they were serious and when the 372 00:16:18,215 --> 00:16:19,849 were joking 373 00:16:19,849 --> 00:16:22,413 and then it happened that there were 374 00:16:22,413 --> 00:16:26,366 many jokes and later, "Forocoches" joined 375 00:16:26,366 --> 00:16:30,459 the game and said "I will try to 376 00:16:30,459 --> 00:16:33,003 send this message, let's see if it 377 00:16:33,003 --> 00:16:34,239 is published" 378 00:16:34,239 --> 00:16:36,245 And clearly, lots did not pass 379 00:16:36,245 --> 00:16:38,553 because they were too obvious and said I will 380 00:16:38,553 --> 00:16:42,826 try to send this one and wrote in the forum "Let's 381 00:16:42,826 --> 00:16:45,872 see, I will say what I was told in 382 00:16:45,872 --> 00:16:47,903 scholl, I enter and downloaded films 383 00:16:47,903 --> 00:16:50,566 I got infected by virus and I had to 384 00:16:50,566 --> 00:16:53,719 change the CPU because virus 385 00:16:53,719 --> 00:16:59,440 enter the computer processing unit, do not download 386 00:16:59,440 --> 00:17:01,499 anything because people put bad things 387 00:17:01,499 --> 00:17:04,289 inside the files and steak your 388 00:17:04,289 --> 00:17:09,445 data, your photos, your "rotodos" and everything, 389 00:17:09,445 --> 00:17:18,593 it's legal easily' how was going to pass 390 00:17:18,593 --> 00:17:21,101 that with a virus that enter the processing unit, 391 00:17:21,101 --> 00:17:24,483 well it passed. 392 00:17:24,483 --> 00:17:26,401 It was published in the web page as 393 00:17:26,401 --> 00:17:27,808 hundreds of similar comments but even 394 00:17:27,808 --> 00:17:31,479 more, the tree experts from 395 00:17:31,479 --> 00:17:33,070 the Culture Ministry thought that this 396 00:17:33,070 --> 00:17:36,034 comment was the best of the month and they 397 00:17:36,034 --> 00:17:40,076 give him the prize with the two tickets to 398 00:17:40,076 --> 00:17:43,332 the Prado Museum 399 00:17:43,332 --> 00:17:45,456 When I saw what had been 400 00:17:45,456 --> 00:17:48,816 chosen as best, I said I would 401 00:17:48,816 --> 00:17:50,681 find the one that wrote it and 402 00:17:50,681 --> 00:17:52,847 I put the message in Google, 403 00:17:52,847 --> 00:17:55,358 rapidly "Forocoches" "ha ha ha ha" everyone 404 00:17:55,358 --> 00:17:58,144 laughing and I said, the have sneak them and 405 00:17:58,144 --> 00:18:01,610 I posted it in my blog and I said, 'lets see' 406 00:18:01,610 --> 00:18:03,551 the message that won was a joke, 407 00:18:03,551 --> 00:18:06,306 and I am afraid that this three experts in 408 00:18:06,306 --> 00:18:08,593 intellectual property are the ones that 409 00:18:08,593 --> 00:18:09,937 are doing our laws and they did not 410 00:18:09,937 --> 00:18:13,494 realised it, this is alarming. And then 411 00:18:13,494 --> 00:18:15,443 they called me from "Público", from the 412 00:18:15,443 --> 00:18:17,953 newspaper, and the told me 413 00:18:17,953 --> 00:18:20,694 ' I had some declarations about what 414 00:18:20,694 --> 00:18:25,764 you have uncovered about the general 415 00:18:25,764 --> 00:18:27,873 Director of Policy and Cultural 416 00:18:27,873 --> 00:18:29,864 Industry explaining this situation' 417 00:18:29,864 --> 00:18:31,915 So i got scared a bit, because I may 418 00:18:31,915 --> 00:18:34,621 have put my foot in it or something and I said 'well 419 00:18:34,621 --> 00:18:36,500 tell me what are the declarations and 420 00:18:36,500 --> 00:18:38,434 I reply them'. He said that 421 00:18:38,434 --> 00:18:41,212 the declarations were 'The only thing that 422 00:18:41,212 --> 00:18:43,016 demonstrates that this message has won 423 00:18:43,016 --> 00:18:47,072 is that the system is transparent, there is no 424 00:18:47,072 --> 00:18:49,720 censorship and that we are dedicated to 425 00:18:49,720 --> 00:18:55,258 control web pages' 'Ok, yes 426 00:18:55,258 --> 00:18:59,426 it does demonstrate that and also demonstrates 427 00:18:59,426 --> 00:19:00,995 that they have been sneaked until it has 428 00:19:00,995 --> 00:19:03,112 reached the top, you are telling me that 429 00:19:03,112 --> 00:19:07,443 there are three experts in the ministry of 430 00:19:07,443 --> 00:19:09,196 culture that thoguht that virus 431 00:19:09,196 --> 00:19:11,000 get into the processing unit and steal your 432 00:19:11,000 --> 00:19:14,790 "rotodos" then we are lost' 433 00:19:14,790 --> 00:19:18,044 The pont is that when I start reading 434 00:19:18,044 --> 00:19:21,725 what the comission says about the 435 00:19:21,725 --> 00:19:23,931 campaigns, they explain something that got 436 00:19:23,931 --> 00:19:25,500 my attention and it is that communication 437 00:19:25,500 --> 00:19:28,659 media insert this messages in 438 00:19:28,659 --> 00:19:30,408 their advertisement and the 439 00:19:30,408 --> 00:19:34,115 majority do it for free, 440 00:19:34,115 --> 00:19:36,124 it means that Telecinco, Antena3, the private 441 00:19:36,124 --> 00:19:38,177 T.V. channels, take this campaigns 442 00:19:38,177 --> 00:19:39,879 elaborated by the Ministry of Culture and 443 00:19:39,879 --> 00:19:43,172 they put them in their schedule for free and 444 00:19:43,172 --> 00:19:47,395 it is normal inside the 445 00:19:47,395 --> 00:19:49,750 enviroment that is created when talking 446 00:19:49,750 --> 00:19:52,623 about new technologies in general, not 447 00:19:52,623 --> 00:19:53,954 just Internet. 448 00:19:53,954 --> 00:19:55,605 I do not know if you have seen how the 449 00:19:55,605 --> 00:19:57,085 media treats regularly all 450 00:19:57,085 --> 00:19:58,599 that has somethiong to do with new 451 00:19:58,599 --> 00:20:00,237 technologies. It is always 452 00:20:00,237 --> 00:20:02,291 with a prism or almost always something 453 00:20:02,291 --> 00:20:05,779 negative, simply because internet and 454 00:20:05,779 --> 00:20:07,799 new techonologies are direct 455 00:20:07,799 --> 00:20:09,756 competitors to the media 456 00:20:09,756 --> 00:20:11,348 like television, press or radio. 457 00:20:11,348 --> 00:20:17,428 I had a time when Google News 458 00:20:17,428 --> 00:20:18,720 existed, 459 00:20:18,720 --> 00:20:21,855 before going away from Spain due to the 460 00:20:21,855 --> 00:20:23,491 AEDE canon that we will talk later if you 461 00:20:23,491 --> 00:20:26,463 wish to, so I search on Google News 462 00:20:26,463 --> 00:20:30,665 concrete words, I searched Internet 463 00:20:30,665 --> 00:20:32,302 or web or any other word that 464 00:20:32,302 --> 00:20:34,857 was related to new 465 00:20:34,857 --> 00:20:37,996 technologies in order to look what results 466 00:20:37,996 --> 00:20:39,610 the media brought back and 467 00:20:39,610 --> 00:20:41,690 the prism that was given to the 468 00:20:41,690 --> 00:20:46,470 headlines. When I saw that, it 469 00:20:46,470 --> 00:20:48,279 looked pretty normal that media 470 00:20:48,279 --> 00:20:50,645 welcomed everything 471 00:20:50,645 --> 00:20:53,236 that criticise their way of doing 472 00:20:53,236 --> 00:20:57,798 things, that precisely take their 473 00:20:57,798 --> 00:21:00,648 audience with the headlines I 474 00:21:00,648 --> 00:21:02,848 found and anyone could do the 475 00:21:02,848 --> 00:21:06,036 same proof with any other 476 00:21:06,036 --> 00:21:07,957 searcher. There were headliines like 477 00:21:07,957 --> 00:21:13,054 the followings, "Terror in the web", "Danger 478 00:21:13,054 --> 00:21:17,048 in Internet", "Alcohol and drugs as well 479 00:21:17,048 --> 00:21:20,041 as Internet may suposse a big threat 480 00:21:20,041 --> 00:21:22,945 to the youth", 481 00:21:22,945 --> 00:21:25,706 "Internet can cause neuronal 482 00:21:25,706 --> 00:21:28,867 damages", "surfing the internet there is 483 00:21:28,867 --> 00:21:32,292 higher risk of adultery", 484 00:21:32,292 --> 00:21:34,836 "Jennifer Aniston leaved his boyfriend due 485 00:21:34,836 --> 00:21:37,274 to Internet's fault", 486 00:21:37,274 --> 00:21:39,631 "Americans abandon their 487 00:21:39,631 --> 00:21:44,259 friends and sex for their life on Internet" 488 00:21:44,259 --> 00:21:46,350 "The U.S. look out Twitter for 489 00:21:46,350 --> 00:21:50,005 its posible use with terrorist objectives", 490 00:21:50,005 --> 00:21:56,500 "A boy is murdered by his gameboy". 491 00:21:56,500 --> 00:21:58,062 This last I had to read it 492 00:21:58,062 --> 00:22:01,477 I could not leave it just with the headline 493 00:22:01,477 --> 00:22:04,135 when I read it, it resulted that the 494 00:22:04,135 --> 00:22:06,279 kid had a tragic accident when 495 00:22:06,279 --> 00:22:08,688 he went out of the swimming pool and took 496 00:22:08,688 --> 00:22:11,373 the gameboy which its battery was plugged 497 00:22:11,373 --> 00:22:13,280 in and he was electrocuted. 498 00:22:13,280 --> 00:22:14,809 The gameboy itself did not do 499 00:22:14,809 --> 00:22:19,069 nothing, it was the water and the electricity 500 00:22:19,069 --> 00:22:21,305 basically what intervened but in here 501 00:22:21,305 --> 00:22:23,600 they decided that it was the gameboy the one 502 00:22:23,600 --> 00:22:25,752 that had murdered him and sended that 503 00:22:25,752 --> 00:22:27,998 message. the next headline 504 00:22:27,998 --> 00:22:29,484 is clearer and said "Internet kills 505 00:22:29,484 --> 00:22:33,995 you" 506 00:22:33,995 --> 00:22:36,116 In here I did not even read it, it did not 507 00:22:36,266 --> 00:22:37,748 matter. 508 00:22:37,748 --> 00:22:39,633 "Pork flu propagated also through 509 00:22:39,633 --> 00:22:41,603 Internet" 510 00:22:41,603 --> 00:22:46,416 "Regular use of Internet generates 511 00:22:46,416 --> 00:22:49,560 depression and isolation", "Xenophobia 512 00:22:49,560 --> 00:22:52,368 dances on Internet" 513 00:22:52,368 --> 00:22:55,686 "Hitler in Internet", "Cruelty of the 514 00:22:55,686 --> 00:22:58,098 internet users" 515 00:22:58,098 --> 00:23:00,864 "Google opens strongboxes", "Learned to 516 00:23:00,864 --> 00:23:04,073 kill thanks to Google", "His computer 517 00:23:04,073 --> 00:23:10,889 can be a zombi", "Internet puts on weight" and "My 518 00:23:10,889 --> 00:23:13,754 daughter got pregnant and 519 00:23:13,754 --> 00:23:18,673 its Internet fault" the one of Internet 520 00:23:18,673 --> 00:23:20,211 puts on weight, I love it because it fits 521 00:23:20,211 --> 00:23:24,203 inside a patron I have seen before. 522 00:23:24,203 --> 00:23:26,808 There was a study, I cannot know which 523 00:23:26,808 --> 00:23:28,661 country that gave for another headline, it 524 00:23:28,661 --> 00:23:30,282 had to do with videogames. 525 00:23:30,282 --> 00:23:32,721 The headline was "Videogames create 526 00:23:32,721 --> 00:23:35,514 fat and violent kids" and not 527 00:23:35,514 --> 00:23:38,882 only they put on weight, evenmore, they also 528 00:23:38,882 --> 00:23:40,400 turned you violent. Of course the 529 00:23:40,400 --> 00:23:42,563 alarmism is clear, there is nothing that 530 00:23:42,563 --> 00:23:45,978 frightens more than a gang of angry 531 00:23:45,978 --> 00:23:49,033 fat guys and when you read that 532 00:23:49,033 --> 00:23:51,139 study, they justified it 533 00:23:51,139 --> 00:23:53,085 with the typical, that 534 00:23:53,085 --> 00:23:55,136 videogames create violent kids which 535 00:23:55,136 --> 00:23:56,842 we have read that before in other places 536 00:23:56,842 --> 00:23:59,443 and about the "fats" they justified it because 537 00:23:59,443 --> 00:24:02,314 as they played videogames they did not play any sport 538 00:24:02,314 --> 00:24:04,476 and that is why it fatten. There are other 539 00:24:04,476 --> 00:24:06,130 activities like lecture and we have 540 00:24:06,130 --> 00:24:08,070 not read anywhere a headline that said 541 00:24:08,070 --> 00:24:09,696 that reading puts on weight, however 542 00:24:09,696 --> 00:24:11,462 in here it looked great and the put it. 543 00:24:11,462 --> 00:24:14,143 The best one with any doubt, that 544 00:24:14,143 --> 00:24:16,384 reflects how I think the way 545 00:24:16,384 --> 00:24:19,992 now clear about how it is talked about 546 00:24:19,992 --> 00:24:21,303 new technologies in the media 547 00:24:21,303 --> 00:24:23,117 is the famous case of the 548 00:24:23,117 --> 00:24:25,337 cannibal of Rothenburg. I do not know if 549 00:24:25,337 --> 00:24:27,910 you know it but it is a great case 550 00:24:27,910 --> 00:24:31,017 in order to see how the 551 00:24:31,017 --> 00:24:33,094 media talks about new 552 00:24:33,094 --> 00:24:35,362 technologies. Barely you give them 553 00:24:35,362 --> 00:24:37,401 a gap where a new technology 554 00:24:37,401 --> 00:24:39,560 has participated in any part of a 555 00:24:39,560 --> 00:24:43,273 story, more or less truculent. The case 556 00:24:43,273 --> 00:24:46,396 of the cannibal of Rothenburg is easy 557 00:24:46,396 --> 00:24:49,395 to explain, it has no mistery. A guy 558 00:24:49,395 --> 00:24:51,651 wrote in a forum a sentence that said 559 00:24:51,651 --> 00:24:55,354 "I search a good looking man that 560 00:24:55,354 --> 00:24:58,194 wants to be eaten" 561 00:24:58,194 --> 00:25:00,500 In his languague I guess it sounded better. 562 00:25:00,500 --> 00:25:02,744 That is what was written, a good looking 563 00:25:02,744 --> 00:25:05,264 man that wanted to be eaten, and an 564 00:25:05,264 --> 00:25:07,318 engineer that was reading the forum 565 00:25:07,318 --> 00:25:09,182 read it and said "Look I am 566 00:25:09,182 --> 00:25:13,503 interested" and contacted the cannibal 567 00:25:13,503 --> 00:25:17,188 of Rothenburg who eated him. 568 00:25:17,188 --> 00:25:19,280 There is no last moment turnaround, it is 569 00:25:19,280 --> 00:25:22,969 not Shyamalan dear friends. In here it ended how it 570 00:25:22,969 --> 00:25:25,166 looked like. He ate him. 571 00:25:25,166 --> 00:25:26,711 Then they took the cannibal 572 00:25:26,711 --> 00:25:29,201 of Rothenburg to jail. 573 00:25:29,201 --> 00:25:30,797 What has this to do with new 574 00:25:30,797 --> 00:25:32,466 technologies? The guy ate him 575 00:25:32,466 --> 00:25:35,082 analogically on the table. At 576 00:25:35,082 --> 00:25:39,083 first, nothing. but it was announced in a forum 577 00:25:39,083 --> 00:25:41,895 If it had been announced in "Segunda Mano" or 578 00:25:41,895 --> 00:25:45,646 I don't know through door-to-door, 579 00:25:45,646 --> 00:25:48,230 surely the way to get in 580 00:25:48,230 --> 00:25:50,187 touch with the engineer would have 581 00:25:50,187 --> 00:25:52,875 matter less than the fact that at the 582 00:25:52,875 --> 00:25:54,600 end, a guy ate another one like if 583 00:25:54,600 --> 00:25:57,332 it was a chocolate bun. However in here 584 00:25:57,332 --> 00:25:59,956 the fact that they got in touch in a forum, 585 00:25:59,956 --> 00:26:01,709 they had the issue linked to 586 00:26:01,709 --> 00:26:04,992 new technologies somehow and 587 00:26:04,992 --> 00:26:07,386 sooner there were headlines that 588 00:26:07,386 --> 00:26:09,649 alert us about the problem of 589 00:26:09,649 --> 00:26:13,026 online cannibals, I do not know 590 00:26:13,026 --> 00:26:15,388 how you can be an online cannibal or 591 00:26:15,388 --> 00:26:19,064 online vegan. The point is that the 592 00:26:19,064 --> 00:26:22,338 headline was "Suspicion that there is a global 593 00:26:22,338 --> 00:26:24,989 net of cannibals" and it said "The 594 00:26:24,989 --> 00:26:27,588 police is finfing out little by little 595 00:26:27,588 --> 00:26:29,481 the world of online cannibals and what 596 00:26:29,481 --> 00:26:32,676 they find each time is 597 00:26:32,676 --> 00:26:34,797 more and more dreadful". 598 00:26:34,797 --> 00:26:36,370 All this infromation they 599 00:26:36,370 --> 00:26:37,990 took it from the cannibal of 600 00:26:37,990 --> 00:26:40,336 Rothenburg himself. It seemed that he was 601 00:26:40,336 --> 00:26:42,290 someone reliable, he could eat whatever but 602 00:26:42,290 --> 00:26:44,146 he has no reason to lie. And with 603 00:26:44,146 --> 00:26:46,552 that, they took out all 604 00:26:46,552 --> 00:26:48,768 that news. 605 00:26:48,768 --> 00:26:51,968 Then all this campaign, 606 00:26:51,968 --> 00:26:54,587 this vision of the new technologies, 607 00:26:54,587 --> 00:26:57,541 this way to solve the conflict that 608 00:26:57,541 --> 00:26:59,012 comes with the arrival of new 609 00:26:59,012 --> 00:27:01,106 technologies and basically the fact that 610 00:27:01,106 --> 00:27:02,777 anyone can have a printer at 611 00:27:02,777 --> 00:27:04,696 home and do what before only 612 00:27:04,696 --> 00:27:06,778 could be done by editors with expensive 613 00:27:06,778 --> 00:27:08,843 machines and now in the first world 614 00:27:08,843 --> 00:27:11,440 this can be made at home of 615 00:27:11,440 --> 00:27:13,633 practically anyone, this 616 00:27:13,633 --> 00:27:15,309 conflict that is generated because 617 00:27:15,309 --> 00:27:16,707 befaure, intellectual property laws 618 00:27:16,707 --> 00:27:20,296 only affected a small portion 619 00:27:20,296 --> 00:27:22,598 of the population who were the 620 00:27:22,598 --> 00:27:23,921 editors, the ones that could 621 00:27:23,921 --> 00:27:25,626 pay for the copy machine. 622 00:27:25,626 --> 00:27:27,947 It resulted that with the arrive of new 623 00:27:27,947 --> 00:27:29,762 technologies and the broadening of the 624 00:27:29,762 --> 00:27:31,318 number of persons that are able to copy. 625 00:27:31,318 --> 00:27:32,964 It results that this laws were 626 00:27:32,964 --> 00:27:35,567 restricting habits that are no 627 00:27:35,567 --> 00:27:38,228 longer of five or six editors but 628 00:27:38,228 --> 00:27:42,516 now we are talking about the entire 629 00:27:42,516 --> 00:27:44,215 population. 630 00:27:44,215 --> 00:27:47,082 We are talking about common and daily 631 00:27:47,082 --> 00:27:49,054 habit in the society and the way to 632 00:27:49,054 --> 00:27:52,768 solve it is basically 633 00:27:52,768 --> 00:27:55,275 the two ways that existed in the time 634 00:27:55,275 --> 00:27:57,001 of the cassette. 635 00:27:57,001 --> 00:28:00,797 The legislator saw something and said, 636 00:28:00,797 --> 00:28:04,690 lets see the copy of the cassette 637 00:28:04,690 --> 00:28:06,351 tape is ilegal according to the law of 638 00:28:06,351 --> 00:28:08,516 intellectual property, but the legislator 639 00:28:08,516 --> 00:28:10,086 reached a conclusion and said, it 640 00:28:10,086 --> 00:28:12,893 is ilegal but it is unstopable and what 641 00:28:12,893 --> 00:28:18,560 is the point of forbiding somehing that not just 642 00:28:18,560 --> 00:28:20,335 I cannot stop but I cannot stop 643 00:28:20,335 --> 00:28:22,949 even a one percent. 644 00:28:22,949 --> 00:28:24,706 It is not like the example usually 645 00:28:24,706 --> 00:28:28,567 given of the guy that skips the trafic light. 646 00:28:28,567 --> 00:28:30,416 Everyone has skipped the traffic light 647 00:28:30,416 --> 00:28:31,751 sometime. But with this laws 648 00:28:31,751 --> 00:28:34,064 we can restrict it to a pont where 649 00:28:34,064 --> 00:28:36,384 we could coexist and 650 00:28:36,384 --> 00:28:37,777 then it exists the possibility of 651 00:28:37,777 --> 00:28:39,715 infraction but we can maintain it 652 00:28:39,715 --> 00:28:43,151 at a level more or less tolerable of infractions. 653 00:28:43,151 --> 00:28:45,431 However the issue about the 654 00:28:45,431 --> 00:28:46,624 cassette tapes is 655 00:28:46,624 --> 00:28:48,306 that the legislator realised something that 656 00:28:48,306 --> 00:28:50,450 he cannot reduce it even a bit 657 00:28:50,450 --> 00:28:53,240 because it happened in the privacy 658 00:28:53,240 --> 00:28:54,741 of home and in the moment it 659 00:28:54,741 --> 00:28:56,214 happens in the privacy of home, the 660 00:28:56,214 --> 00:28:58,205 legislator asked himself what could he do if 661 00:28:58,205 --> 00:29:01,445 technology allows in a clear way 662 00:29:01,445 --> 00:29:05,757 something that is impossible to forbid and what 663 00:29:05,757 --> 00:29:07,376 he said was: "Well lets 664 00:29:07,376 --> 00:29:08,623 introduce what is called a 665 00:29:08,623 --> 00:29:10,480 copyright so it could be legal and 666 00:29:10,480 --> 00:29:12,300 lets invented an alternative of 667 00:29:12,300 --> 00:29:15,878 remuneration so those damages that 668 00:29:15,878 --> 00:29:17,483 we cannot stop, at least 669 00:29:17,483 --> 00:29:20,132 decrease it as far as 670 00:29:20,132 --> 00:29:22,572 possible and we can 671 00:29:22,572 --> 00:29:26,047 remunerate the holders of the 672 00:29:26,047 --> 00:29:28,027 intellectual property rights 673 00:29:28,027 --> 00:29:30,489 and that is when the famosu canon was born. 674 00:29:30,489 --> 00:29:32,315 Canon that worked without 675 00:29:32,315 --> 00:29:34,554 anybody protesting when it was applied to 676 00:29:34,554 --> 00:29:37,158 the cassette tape because the truth is that 677 00:29:37,158 --> 00:29:38,944 with the exception of some groups like 678 00:29:38,944 --> 00:29:40,375 journalists, it is used basically 679 00:29:40,375 --> 00:29:41,632 for that. 680 00:29:41,632 --> 00:29:44,453 Then it jumped to the CDs and it was then when 681 00:29:44,453 --> 00:29:46,184 the CDs, the blank page of 682 00:29:46,184 --> 00:29:47,835 twenty-first century. 683 00:29:47,835 --> 00:29:49,794 It has a canon and then people 684 00:29:49,794 --> 00:29:51,526 protested because they were putting a 685 00:29:51,526 --> 00:29:53,052 tax to something that could 686 00:29:53,052 --> 00:29:56,491 contain almost anything and it was then when 687 00:29:56,491 --> 00:29:59,132 this remunaration system failed. 688 00:29:59,132 --> 00:30:03,430 About the activities that exist 689 00:30:03,430 --> 00:30:05,161 nowadays and with the legislation we 690 00:30:05,161 --> 00:30:08,111 have, what the industry decided, 691 00:30:08,111 --> 00:30:11,040 later we will speak about what the legislator decided, 692 00:30:11,040 --> 00:30:12,806 and what they decided as a result of the 693 00:30:12,806 --> 00:30:14,796 legal sentence I am about to comment, 694 00:30:14,796 --> 00:30:16,440 it was to iniciate legal actions. 695 00:30:16,440 --> 00:30:21,196 In a time there was a controversy in Spain 696 00:30:21,196 --> 00:30:23,517 about if downloading music or 697 00:30:23,517 --> 00:30:25,169 movies on Internet without any authorization 698 00:30:25,169 --> 00:30:28,823 was a crime or not and if it was legal or not. 699 00:30:28,823 --> 00:30:31,507 This are two concepts that seem 700 00:30:31,507 --> 00:30:33,417 the same but they are not, crime 701 00:30:33,417 --> 00:30:36,035 is what is punished in the penal code 702 00:30:36,035 --> 00:30:38,135 whereas it may not be a crime but 703 00:30:38,135 --> 00:30:40,255 ilegal, for example a civil 704 00:30:40,255 --> 00:30:42,564 ilegality or skipping the traffic light. 705 00:30:42,564 --> 00:30:44,773 This are not crimes but an ilegality. 706 00:30:44,773 --> 00:30:50,393 So the debate that was in 707 00:30:50,393 --> 00:30:53,393 2005 was if the penal code, 708 00:30:53,393 --> 00:30:55,113 the one 709 00:30:55,113 --> 00:30:57,920 that right now has been 710 00:30:57,920 --> 00:30:59,750 reformed, later we will comment it, 711 00:30:59,750 --> 00:31:00,832 if it considered a crime the 712 00:31:00,832 --> 00:31:02,564 downloading from Internet. 713 00:31:02,564 --> 00:31:03,843 The content industry argued 714 00:31:03,843 --> 00:31:05,162 that downloads from internet were 715 00:31:05,162 --> 00:31:07,180 clearly a crime, they based it in 716 00:31:07,180 --> 00:31:09,641 the article 270 of the penal 717 00:31:09,641 --> 00:31:11,240 code. This article required 718 00:31:11,240 --> 00:31:15,790 a behavior to be with a determined 719 00:31:15,790 --> 00:31:18,624 subjective aim, it asks two requisits. 720 00:31:18,624 --> 00:31:21,098 Firstly, someone to copy without 721 00:31:21,098 --> 00:31:23,099 authorization, this is called the 722 00:31:23,099 --> 00:31:25,121 objective element, and secondly that this 723 00:31:25,121 --> 00:31:27,476 activity of copying without authorization 724 00:31:27,476 --> 00:31:29,145 also to be made for profit. 725 00:31:29,145 --> 00:31:31,540 This two requisits have to 726 00:31:31,540 --> 00:31:33,705 occur in the same action for it 727 00:31:33,705 --> 00:31:36,702 to be of the penal type and so it becomes 728 00:31:36,702 --> 00:31:38,555 a crime against intellectual 729 00:31:38,555 --> 00:31:40,583 property. What happened was that 730 00:31:40,583 --> 00:31:42,521 downloads on Internet, what we 731 00:31:42,521 --> 00:31:44,921 maintained was that it occured the 732 00:31:44,921 --> 00:31:47,880 objective element, there was a copy without 733 00:31:47,880 --> 00:31:49,966 authorization but there was no subjective 734 00:31:49,966 --> 00:31:52,516 element because the copy was not made 735 00:31:52,516 --> 00:31:53,997 for profit as it was a 736 00:31:53,997 --> 00:31:58,329 free exchange, what the industry 737 00:31:58,329 --> 00:32:00,807 sutained was theat this profit aim 738 00:32:00,807 --> 00:32:02,585 had to be interpreted in an expansive 739 00:32:02,585 --> 00:32:04,516 form, it had to be interpreted as 740 00:32:04,516 --> 00:32:08,070 any benefit, profit or advantage, 741 00:32:08,070 --> 00:32:10,468 that something gives ou in a way that if you 742 00:32:10,468 --> 00:32:12,071 download a disc, this gives you some kind 743 00:32:12,071 --> 00:32:13,759 of benefit, an advantage that it is 744 00:32:13,759 --> 00:32:16,606 not money but in a certain way 745 00:32:16,606 --> 00:32:18,782 it benefits you or even the possibility of 746 00:32:18,782 --> 00:32:22,012 saving the money of buying that disc 747 00:32:22,012 --> 00:32:23,758 if you had decided to buy it and 748 00:32:23,758 --> 00:32:25,869 this way with this 749 00:32:25,869 --> 00:32:28,204 definition, lets say ambiguous, of 750 00:32:28,204 --> 00:32:30,082 what is a profit aim, they said 751 00:32:30,082 --> 00:32:31,866 that downloads form Internet had 752 00:32:31,866 --> 00:32:33,693 profit aim. 753 00:32:33,693 --> 00:32:36,635 There was as I said a big discussion that 754 00:32:36,635 --> 00:32:38,561 was intended to be solved in practice with 755 00:32:38,561 --> 00:32:40,871 the intervention of Antonio Guisasola 756 00:32:40,871 --> 00:32:42,901 who went to the media 757 00:32:42,901 --> 00:32:43,800 as president of 758 00:32:43,800 --> 00:32:46,095 Promusicae saying he was going to do something 759 00:32:46,095 --> 00:32:49,029 That was to denounce a spaniard so that 760 00:32:49,029 --> 00:32:52,231 judges had to determined if that 761 00:32:52,231 --> 00:32:55,108 was a crime or not. What they were 762 00:32:55,108 --> 00:32:56,821 going to do, he said, 763 00:32:56,821 --> 00:32:58,922 was to denounce someone so 764 00:32:58,922 --> 00:33:04,468 the judges finally pronounce so the 765 00:33:04,468 --> 00:33:05,624 debate is over. 766 00:33:05,624 --> 00:33:08,244 Well, they did it, I do not know if 767 00:33:08,244 --> 00:33:10,123 following this reasoning but the case is 768 00:33:10,123 --> 00:33:12,626 that an ordinary man from Santander 769 00:33:12,626 --> 00:33:14,814 won the lottery and he 770 00:33:14,814 --> 00:33:17,553 was denounce so that a judge 771 00:33:17,553 --> 00:33:20,865 dictaminated if that was a crime or not. 772 00:33:20,865 --> 00:33:23,879 This ws resoluted in the sentence from the 773 00:33:23,879 --> 00:33:25,023 penal court number three of 774 00:33:25,023 --> 00:33:28,368 Santander, fourteenth of July, 2006 and what 775 00:33:28,368 --> 00:33:30,644 was said by the signer judge about 776 00:33:30,644 --> 00:33:32,595 the resolution was that the accused 777 00:33:32,595 --> 00:33:37,445 was absolved. the judge said that the 778 00:33:37,445 --> 00:33:39,821 objective element existed, 779 00:33:39,821 --> 00:33:41,364 the man downloaded without 780 00:33:41,364 --> 00:33:43,429 authorization but the subjective element did not, 781 00:33:43,429 --> 00:33:45,568 he did not have a profit aim and 782 00:33:45,568 --> 00:33:48,828 understanding profit aim, said the judge, 783 00:33:48,828 --> 00:33:52,484 in a restrictive way and not expansive 784 00:33:52,484 --> 00:33:53,791 as it was pretended. So as 785 00:33:53,791 --> 00:33:56,184 it occurs one elment but not the 786 00:33:56,184 --> 00:33:58,868 other, the penal type declines and the 787 00:33:58,868 --> 00:34:01,989 action is not punishable. It is not an 788 00:34:01,989 --> 00:34:03,585 action that fits in the penal type 789 00:34:03,585 --> 00:34:05,993 of the 270 art. So, the at the time 790 00:34:05,993 --> 00:34:10,000 president of Sony was asked in 791 00:34:10,000 --> 00:34:12,053 "La Gaceta de los Negocios" what he thought about 792 00:34:12,053 --> 00:34:15,834 this resolution and he analysed 793 00:34:15,834 --> 00:34:20,454 the resolution calmed and the most 794 00:34:20,454 --> 00:34:25,456 legally funded posible and he said that someone can be 795 00:34:25,456 --> 00:34:29,390 judge and an idiot and he encouraged the 796 00:34:29,390 --> 00:34:31,033 signer judge of the resolution to 797 00:34:31,033 --> 00:34:33,604 study a bit more and after that 798 00:34:33,604 --> 00:34:35,641 they appealed the sentence but they got 799 00:34:35,641 --> 00:34:38,770 to a Provinc Court that again 800 00:34:38,770 --> 00:34:41,292 did not study anything and confirmed the 801 00:34:41,292 --> 00:34:42,886 sentence of the first court 802 00:34:42,886 --> 00:34:46,031 Absolving the accused. So they said: 803 00:34:46,031 --> 00:34:49,204 'Ok, we failed against 804 00:34:49,204 --> 00:34:50,606 the users, 805 00:34:50,606 --> 00:34:54,351 lets focus on the next actor', 806 00:34:54,351 --> 00:34:56,382 the next actor were the link 807 00:34:56,382 --> 00:34:58,805 pages, it meant, they tried against 808 00:34:58,805 --> 00:35:01,642 users, they tried through the penal 809 00:35:01,642 --> 00:35:03,355 way, they tried also through the civil 810 00:35:03,355 --> 00:35:04,998 way but they couldn't 811 00:35:04,998 --> 00:35:06,392 find out the name from the 812 00:35:06,392 --> 00:35:07,854 IP numbers. 813 00:35:07,854 --> 00:35:10,013 The law of data preservation prevents 814 00:35:10,013 --> 00:35:11,913 that in a process that is not penal to 815 00:35:11,913 --> 00:35:14,335 revealed this data, so through the civil 816 00:35:14,335 --> 00:35:16,486 way they reached nothing also and 817 00:35:16,486 --> 00:35:17,821 they said: 'Lets focus on 818 00:35:17,821 --> 00:35:19,972 this link pages, this pages 819 00:35:19,972 --> 00:35:22,564 that without containing the contents, 820 00:35:22,564 --> 00:35:24,888 it means without having the 821 00:35:24,888 --> 00:35:25,840 files 822 00:35:25,840 --> 00:35:28,410 what they made was to put a link to 823 00:35:28,410 --> 00:35:30,547 the file that was being spread in the 824 00:35:30,547 --> 00:35:35,161 p2p nets by the users or 825 00:35:35,161 --> 00:35:37,533 link to a server like Megaupload or 826 00:35:37,533 --> 00:35:42,341 like Rapidshare. This began as a 827 00:35:42,341 --> 00:35:44,814 big operation, also media, 828 00:35:44,814 --> 00:35:48,223 in the year 2006, as you can see coetaneous to 829 00:35:48,223 --> 00:35:50,311 the sentence that absolved this man 830 00:35:50,311 --> 00:35:53,173 form Snatander and what happened was that 831 00:35:53,173 --> 00:35:55,690 they detained fifteen administrators of 832 00:35:55,690 --> 00:35:58,566 link web pages. The communication 833 00:35:58,566 --> 00:35:59,715 media with this issue 834 00:35:59,715 --> 00:36:01,270 got mad and they 835 00:36:01,270 --> 00:36:04,743 published the new of this mere 836 00:36:04,743 --> 00:36:06,349 detentions as if they were guilty 837 00:36:06,349 --> 00:36:09,905 veredicts in itself. It is something that 838 00:36:09,905 --> 00:36:12,278 shocked me a lot because you have 839 00:36:12,278 --> 00:36:14,715 seen in the news that whenever 840 00:36:14,715 --> 00:36:16,626 they talk about any question that 841 00:36:16,626 --> 00:36:18,952 is related to a legal matter, the word 842 00:36:18,952 --> 00:36:20,753 suspected or alledgley appear 843 00:36:20,753 --> 00:36:23,480 as something normal 844 00:36:23,480 --> 00:36:25,825 In fact sometimes it appears 845 00:36:25,825 --> 00:36:28,903 excesively 846 00:36:28,903 --> 00:36:30,762 I found a case where a 847 00:36:30,762 --> 00:36:33,643 newspaper talke about a stockbreeder that 848 00:36:33,643 --> 00:36:35,053 was found dead 849 00:36:35,053 --> 00:36:39,033 half-buried and the new said "The 850 00:36:39,033 --> 00:36:42,227 alledge deceased" and alledge it is not 851 00:36:42,227 --> 00:36:45,224 a hal-buried corpse and also it said 852 00:36:45,224 --> 00:36:48,700 that to the alledge deceased they were going too make 853 00:36:48,700 --> 00:36:50,766 the ahtopsy. Check before if you have 854 00:36:50,766 --> 00:36:56,136 any doubt but the paranoia for a possible 855 00:36:56,136 --> 00:36:58,487 complaint for slander makes the 856 00:36:58,487 --> 00:37:00,471 word alledge to be used more than 857 00:37:00,471 --> 00:37:04,453 often. In the case of the raid 858 00:37:04,453 --> 00:37:06,564 of the year 2006 against link pages 859 00:37:06,564 --> 00:37:08,214 the word alledge disappeared 860 00:37:08,214 --> 00:37:11,277 absolutely, I remember a 861 00:37:11,277 --> 00:37:14,440 newspaper's headline that could 862 00:37:14,440 --> 00:37:18,733 not be clearer and said in the 863 00:37:18,733 --> 00:37:21,058 headline, it was a leading article tha furthermor 864 00:37:21,058 --> 00:37:22,860 was published in other newspapers 865 00:37:22,860 --> 00:37:25,517 of the same group, it said "Pirates on the net" 866 00:37:25,517 --> 00:37:29,253 and said that the fifteen detainees were part 867 00:37:29,253 --> 00:37:32,676 of the biggest european clandestine 868 00:37:32,676 --> 00:37:36,001 organization of the peer to peer nets and it said 869 00:37:36,001 --> 00:37:37,924 this was also a gigantic 870 00:37:37,924 --> 00:37:41,496 cybernetic bootleg peddler and that it was needed 871 00:37:41,496 --> 00:37:42,980 to unmask this perverted vision 872 00:37:42,980 --> 00:37:45,483 of the net in order to avoid it to convert 873 00:37:45,483 --> 00:37:47,305 in an authentic sanctuary of 874 00:37:47,305 --> 00:37:49,106 cybercriminals. All this, the day 875 00:37:49,106 --> 00:37:50,699 after to the detentions. It have not 876 00:37:50,699 --> 00:37:52,388 passed even 24 hours. 877 00:37:52,388 --> 00:37:56,086 Neither have passed 24 hours 878 00:37:56,086 --> 00:37:57,706 when ACAM, the association of 879 00:37:57,706 --> 00:37:59,378 composers and song writers 880 00:37:59,378 --> 00:38:01,898 published in their web page a headline 881 00:38:01,898 --> 00:38:04,679 saying "Demonstrated that exchange peer to peer 882 00:38:04,679 --> 00:38:06,763 is a crime" and beneath appeared a 883 00:38:06,763 --> 00:38:08,234 list of web pages that 884 00:38:08,234 --> 00:38:13,702 had a header that said 885 00:38:13,702 --> 00:38:15,550 "Web pages 886 00:38:15,550 --> 00:38:17,473 from which there was delinquency" It did not say 887 00:38:17,473 --> 00:38:19,173 denounced web pages or pages with denounced 888 00:38:19,173 --> 00:38:21,406 administrators. But it said pages from 889 00:38:21,406 --> 00:38:24,267 which was delinquency as a fact, the judge 890 00:38:24,267 --> 00:38:26,647 did not even knowhe had a 891 00:38:26,647 --> 00:38:28,290 proceeding yet, but for ACAM 892 00:38:28,290 --> 00:38:31,425 the sentence was already clear 893 00:38:31,425 --> 00:38:33,304 I guess that with the calm that 894 00:38:33,304 --> 00:38:34,880 gave them the clause of exemption for any 895 00:38:34,880 --> 00:38:36,044 responsability 896 00:38:36,044 --> 00:38:37,698 that they had those years in ACAM 897 00:38:37,698 --> 00:38:39,207 They had a little clause, a 898 00:38:39,207 --> 00:38:40,849 usual disclaimer of web pages 899 00:38:40,849 --> 00:38:42,703 but in here it goes further and 900 00:38:42,703 --> 00:38:47,223 said 'ACAM is not responsible 901 00:38:47,223 --> 00:38:48,664 for the articles and any 902 00:38:48,664 --> 00:38:50,397 opinion of third persons published in this 903 00:38:50,397 --> 00:38:53,368 web page nor of the articles or 904 00:38:53,368 --> 00:38:55,682 self opinions. This means they were 905 00:38:55,682 --> 00:38:57,015 completely armoured legally, the 906 00:38:57,015 --> 00:39:02,884 case is that what ocurred with this cyber 907 00:39:02,884 --> 00:39:05,239 santuarium of criminals. In the 908 00:39:05,239 --> 00:39:09,071 first of the cases I had the luck 909 00:39:09,071 --> 00:39:10,523 to participate in it with my 910 00:39:10,523 --> 00:39:12,774 colleague Javier de la Cueva, the case 911 00:39:12,774 --> 00:39:14,659 Sharemula was the first one to be 912 00:39:14,659 --> 00:39:16,678 solved, in this case the 913 00:39:16,678 --> 00:39:18,771 complainents that first denounced were the 914 00:39:18,771 --> 00:39:22,290 producers of the documentaries of 915 00:39:22,290 --> 00:39:24,342 Feliz Rodriguez de la Fuente, they made 916 00:39:24,342 --> 00:39:26,094 a complaint and the police, that had 917 00:39:26,094 --> 00:39:27,780 lot of sensitivity with this issues, sent 918 00:39:27,780 --> 00:39:29,844 a letter to the affected by 919 00:39:29,844 --> 00:39:33,656 what was done from Sharemula 920 00:39:33,656 --> 00:39:36,408 and quickly the personal 921 00:39:36,408 --> 00:39:39,096 prosecution was formed by the SGAE, 922 00:39:39,096 --> 00:39:41,631 Microsof, Promusicae, Egeda, Columbia, Walt 923 00:39:41,631 --> 00:39:44,024 Disney, Twenty Century Fox, Warner, 924 00:39:44,024 --> 00:39:49,849 Lauren Film, Manga Film, Universal, Sony 925 00:39:49,849 --> 00:39:52,107 Metro Goldwyn Mayer, Cristiano Ronaldo, well 926 00:39:52,107 --> 00:39:55,889 they were all in there and the case is that the 927 00:39:55,889 --> 00:39:57,777 first the personal prosecutors 928 00:39:57,777 --> 00:40:00,581 made was to ask for precautionary 929 00:40:00,581 --> 00:40:03,037 measures, unprecedented part, unprecedented part 930 00:40:03,037 --> 00:40:05,337 meant without hearing the part tha was affected 931 00:40:05,337 --> 00:40:07,468 by the precautionary measures they were 932 00:40:07,468 --> 00:40:10,629 asking for, in concrete they ask the precautionary 933 00:40:10,629 --> 00:40:12,760 measur of shutting down the web page. 934 00:40:12,760 --> 00:40:14,811 The judge that saw the issue in the Instruction 935 00:40:14,811 --> 00:40:16,635 Court here in Madrid said: 936 00:40:16,635 --> 00:40:19,148 "Well, I will to listen the petition of precautionary 937 00:40:19,148 --> 00:40:21,253 measures but 938 00:40:21,253 --> 00:40:24,013 I want to do it with the other part in the 939 00:40:24,013 --> 00:40:26,940 room to hear it because it is the first 940 00:40:26,940 --> 00:40:28,956 case not that I found in this 941 00:40:28,956 --> 00:40:31,033 court but that it is going to be judged in 942 00:40:31,033 --> 00:40:33,260 Spain and so I seem 943 00:40:33,260 --> 00:40:35,204 interesting to know what has to say 944 00:40:35,204 --> 00:40:36,565 the other part" 945 00:40:36,565 --> 00:40:38,469 So there was a hearing for precautionary 946 00:40:38,469 --> 00:40:40,588 measures. And what the personal 947 00:40:40,588 --> 00:40:44,496 prosecution sustained in the hearing 948 00:40:44,900 --> 00:40:46,823 was that in Sharemula there 949 00:40:46,823 --> 00:40:49,969 was being commited a crime because in 950 00:40:49,969 --> 00:40:52,600 this case the profit aim was 951 00:40:52,600 --> 00:40:53,944 evident. 952 00:40:53,944 --> 00:40:56,328 If in the case against the users there 953 00:40:56,328 --> 00:40:59,419 was no profit aim, in Sharemula there was 954 00:40:59,419 --> 00:41:01,848 profit aim because there were advertisement 955 00:41:01,848 --> 00:41:03,900 banners. This advertising gave them some 956 00:41:03,900 --> 00:41:05,726 money, lots or few, it willbe seen during 957 00:41:05,726 --> 00:41:08,138 the process, but there was money and due to 958 00:41:08,138 --> 00:41:10,392 that economic profit so there is the 959 00:41:10,392 --> 00:41:12,858 subjective element that was needed with 960 00:41:12,858 --> 00:41:15,176 the users, so in this case there 961 00:41:15,176 --> 00:41:17,337 was a crime, sustained the personal 962 00:41:17,337 --> 00:41:18,371 prosecution. 963 00:41:18,371 --> 00:41:22,474 What we said was that we did not 964 00:41:22,474 --> 00:41:24,334 discuss the subjective element of 965 00:41:24,334 --> 00:41:25,916 profit aim, 966 00:41:25,916 --> 00:41:28,590 in here what was missed was the other 967 00:41:28,590 --> 00:41:30,930 element, the ojective element, it means, 968 00:41:30,930 --> 00:41:34,480 the copy of intellectual property because 969 00:41:34,480 --> 00:41:36,428 who did it were the users of 970 00:41:36,428 --> 00:41:38,428 the peer to peer nets not the ones 971 00:41:38,428 --> 00:41:40,562 that link. The linkers do not copy 972 00:41:40,562 --> 00:41:42,190 absolutely nothing, what the do 973 00:41:42,190 --> 00:41:46,036 is to create a group of alphanumerical 974 00:41:46,036 --> 00:41:47,850 caracters that tells where is 975 00:41:47,850 --> 00:41:49,892 a content without hosting it, with no copy nor 976 00:41:49,892 --> 00:41:52,049 dissemination. The one copying and disseminating 977 00:41:52,049 --> 00:41:54,099 is the user and the decree that 978 00:41:54,099 --> 00:42:00,531 desestimated the precautionary measures 979 00:42:00,531 --> 00:42:03,055 said that effectively the web will not 980 00:42:03,055 --> 00:42:04,840 be closed simply because what the page 981 00:42:04,840 --> 00:42:06,566 did in there, did not fitted in the 982 00:42:06,566 --> 00:42:09,346 penal type of 270 because even having 983 00:42:09,346 --> 00:42:11,344 profit aim, it was not made with an 984 00:42:11,344 --> 00:42:14,336 infraction, what Shamerula did not 985 00:42:14,336 --> 00:42:16,840 do was to copy files just 986 00:42:16,840 --> 00:42:19,994 because they did not have them and 987 00:42:19,994 --> 00:42:22,346 after the decree, another was dictated 988 00:42:22,346 --> 00:42:26,851 that closed the debate, it was the decree 989 00:42:26,851 --> 00:42:28,365 declaring the free stay in the Sharemula case 990 00:42:28,365 --> 00:42:30,744 that what made was to say that 991 00:42:30,744 --> 00:42:33,150 as there was no crime, ther will be 992 00:42:33,150 --> 00:42:35,526 no trial and it was stored, 993 00:42:35,526 --> 00:42:37,485 this equals to an acquital 994 00:42:37,485 --> 00:42:39,455 and it was a hard blow in 995 00:42:39,455 --> 00:42:41,233 the waterline of that 996 00:42:41,233 --> 00:42:47,374 raid of the year 2006 because what 997 00:42:47,374 --> 00:42:49,998 directly made, not just going to a 998 00:42:49,998 --> 00:42:52,599 trial and be judged and deel the dock 999 00:42:52,599 --> 00:42:55,376 punishment but that operation the 1000 00:42:55,376 --> 00:42:56,906 most important in Europe, the media 1001 00:42:56,906 --> 00:42:58,840 said, the ones who pronounced 1002 00:42:58,840 --> 00:43:01,132 before 24 hours 1003 00:43:01,132 --> 00:43:02,853 It was not even necessary go to trial 1004 00:43:02,853 --> 00:43:04,996 because simply the action that 1005 00:43:04,996 --> 00:43:07,551 was complaint was not a crime. 1006 00:43:07,551 --> 00:43:09,543 We took the resolution, some 1007 00:43:09,543 --> 00:43:11,922 press talk about it and what 1008 00:43:11,922 --> 00:43:14,406 the personal prosecution did was to appeal it 1009 00:43:14,406 --> 00:43:17,100 evidently and in the appealing they introduced 1010 00:43:17,100 --> 00:43:21,621 a courious element and questionable that was 1011 00:43:21,621 --> 00:43:25,568 to say that in Sharemula no 1012 00:43:25,568 --> 00:43:28,079 crime was commited but they 1013 00:43:28,079 --> 00:43:29,625 were helping somehow to 1014 00:43:29,625 --> 00:43:31,152 commit it so they understood that 1015 00:43:31,152 --> 00:43:35,611 in a different degree of responsability 1016 00:43:35,611 --> 00:43:38,201 it might be participating, cooperating 1017 00:43:38,201 --> 00:43:41,771 inciting a crime, Sharemula was 1018 00:43:41,771 --> 00:43:44,678 cooperating in the assignment of a crime 1019 00:43:44,678 --> 00:43:46,744 commited by a third part that does communicate 1020 00:43:46,744 --> 00:43:49,858 publicly, they said. We argued 1021 00:43:49,858 --> 00:43:51,881 that neither because simply there 1022 00:43:51,881 --> 00:43:54,096 cannot be cooperation to a crime if 1023 00:43:54,096 --> 00:43:56,086 what is made by a thrid is not a crime. 1024 00:43:56,086 --> 00:43:58,326 Sharemula effectively helped 1025 00:43:58,326 --> 00:44:00,510 users to exchange intellectual 1026 00:44:00,510 --> 00:44:02,348 works but as the action of 1027 00:44:02,348 --> 00:44:04,199 the users was not criminal, 1028 00:44:04,199 --> 00:44:06,382 as we saw with the man from Santander, 1029 00:44:06,382 --> 00:44:08,288 there cannot be a crime because in order 1030 00:44:08,288 --> 00:44:09,863 to exist needed cooperation with a 1031 00:44:09,863 --> 00:44:11,426 crime, the cooperation must be with 1032 00:44:11,426 --> 00:44:14,406 a criminal action and results that 1033 00:44:14,406 --> 00:44:17,061 the users action was not. 1034 00:44:17,061 --> 00:44:19,871 For that reason there did not exist 1035 00:44:19,871 --> 00:44:23,297 any degree of penal responsability and 1036 00:44:23,297 --> 00:44:25,444 we were looking for a 1037 00:44:25,444 --> 00:44:27,909 resolution. It is not a sentence, is a decree 1038 00:44:27,909 --> 00:44:30,436 that was going to make with 1039 00:44:30,436 --> 00:44:33,519 domino effecto what was about to happen 1040 00:44:33,519 --> 00:44:35,792 after and I remember perfectly that no 1041 00:44:35,792 --> 00:44:38,250 journalist called from "El Mundo" 1042 00:44:38,250 --> 00:44:39,997 anywhere and after we had 1043 00:44:39,997 --> 00:44:43,865 been showing off on Internet 1044 00:44:43,865 --> 00:44:46,318 for about three or four months, telling 1045 00:44:46,318 --> 00:44:47,962 we had won those guys and 1046 00:44:47,962 --> 00:44:51,084 we were lawyers that had no 1047 00:44:51,084 --> 00:44:53,639 presentation card yet, 1048 00:44:53,639 --> 00:44:55,721 we got phoned from "El Mundo" and said 1049 00:44:55,721 --> 00:44:57,330 "You have to declared something 1050 00:44:57,330 --> 00:44:58,733 about the issue that the Province 1051 00:44:58,733 --> 00:45:00,264 Court has said that you have lost 1052 00:45:00,264 --> 00:45:02,813 the Sharemula case" of course I have 1053 00:45:02,813 --> 00:45:05,290 not received absolutely nothing about 1054 00:45:05,290 --> 00:45:08,215 that and asked how was that possible if we have not 1055 00:45:08,215 --> 00:45:10,510 been notified and they said that it just happened and 1056 00:45:10,510 --> 00:45:12,152 ask for any declaration and I said "I do not know, 1057 00:45:12,152 --> 00:45:14,579 say I have whined, I have cried or something 1058 00:45:14,579 --> 00:45:16,593 like that because I need to read the 1059 00:45:16,593 --> 00:45:18,432 resolution before", they said that I 1060 00:45:18,432 --> 00:45:20,363 would receive it. So I called Javier de 1061 00:45:20,363 --> 00:45:22,269 la Cueva who is from Madrid and 1062 00:45:22,269 --> 00:45:23,928 told him "Javier go to the Province 1063 00:45:23,928 --> 00:45:25,955 Court because they say there is 1064 00:45:25,955 --> 00:45:27,832 a resolution and look what has been said 1065 00:45:27,832 --> 00:45:31,384 because it seems to be negative" 1066 00:45:31,384 --> 00:45:33,815 and Javier, who is the most 1067 00:45:33,815 --> 00:45:37,901 calmed guy in Madrid and valium is 1068 00:45:37,901 --> 00:45:40,760 made out from his blood, 1069 00:45:40,760 --> 00:45:44,916 said "Well, I will go tomorrow" 1070 00:45:44,916 --> 00:45:47,062 and I said "What is that of tomorrow? We have been 1071 00:45:47,062 --> 00:45:48,950 showing off on Internet for over 1072 00:45:48,950 --> 00:45:51,126 three months and this has ended with our 1073 00:45:51,126 --> 00:45:53,794 career, it started with and now ends" and he said 1074 00:45:53,794 --> 00:45:55,917 "I am going tomorrow" so I had to wait 1075 00:45:55,917 --> 00:45:57,407 to the next day in Seville, 1076 00:45:57,407 --> 00:46:00,373 I woke up soon, I gave him time, 1077 00:46:00,373 --> 00:46:02,260 I called him at half past ten in the morning and 1078 00:46:02,260 --> 00:46:03,942 asked him "Javier, Have you gone?" 1079 00:46:03,942 --> 00:46:10,609 "Where?" (he answered) "To the Province Court, 1080 00:46:10,609 --> 00:46:13,322 have you gone?" and the man that is one of the best 1081 00:46:13,322 --> 00:46:15,496 lawyers I know and that calm 1082 00:46:15,496 --> 00:46:17,851 is without any doubt one 1083 00:46:17,851 --> 00:46:19,520 of his virtues says 1084 00:46:19,520 --> 00:46:22,075 "Yes, yes I have gone 1085 00:46:22,075 --> 00:46:23,726 I saw in the resolution that we won" 1086 00:46:23,726 --> 00:46:27,566 I replied "what what? and you do not call me, it 1087 00:46:27,566 --> 00:46:29,796 did not seem something important to you" he answered 1088 00:46:29,796 --> 00:46:32,542 "Yes we won" I told him "But the man from 1089 00:46:32,542 --> 00:46:33,923 "El Mundo" said that in the 1090 00:46:33,923 --> 00:46:36,013 resolution we lost" and he said 1091 00:46:36,013 --> 00:46:38,209 "Well he got right a 50%, not bad" 1092 00:46:38,209 --> 00:46:41,829 The thing is that effectively Sharemula 1093 00:46:41,829 --> 00:46:44,414 ended that way and after that there was 1094 00:46:44,414 --> 00:46:47,482 a flood of resolutions in the same sense. 1095 00:46:47,482 --> 00:46:50,584 This as expected 1096 00:46:50,584 --> 00:46:53,153 did not felt well in the 1097 00:46:53,153 --> 00:46:56,141 industry and later we will see quickly 1098 00:46:56,141 --> 00:46:59,071 what was their reaction, after losing 1099 00:46:59,071 --> 00:47:01,260 in the penal way and in the civil way 1100 00:47:01,260 --> 00:47:02,995 because the also tried against the 1101 00:47:02,995 --> 00:47:04,587 link pages, they focused on the 1102 00:47:04,587 --> 00:47:08,039 developer of the tool 1103 00:47:08,039 --> 00:47:12,090 precisely in Pablo Soto, who 1104 00:47:12,090 --> 00:47:13,775 is now city councilman 1105 00:47:13,775 --> 00:47:16,532 here in Madrid, he is a informatic 1106 00:47:16,532 --> 00:47:18,993 developer that what had made was 1107 00:47:18,993 --> 00:47:20,537 to create a tool peer to peer that 1108 00:47:20,537 --> 00:47:22,845 allowed the exchange of files, 1109 00:47:22,845 --> 00:47:24,292 of files that may have copyright 1110 00:47:24,292 --> 00:47:25,913 what may occur 1111 00:47:25,913 --> 00:47:27,929 in the most of the times and 1112 00:47:27,929 --> 00:47:29,688 not in other occasion. This depends on 1113 00:47:29,688 --> 00:47:32,831 the user, and they demanded him, he was demanded 1114 00:47:32,831 --> 00:47:35,900 by Promusica and the four major 1115 00:47:35,900 --> 00:47:38,083 record companies, the biggest record 1116 00:47:38,083 --> 00:47:41,281 companies all over the world and they asked him 1117 00:47:41,281 --> 00:47:44,072 thirteen millon sixty thousand euros as 1118 00:47:44,072 --> 00:47:45,706 compensation for violating 1119 00:47:45,706 --> 00:47:47,553 intellectual property 1120 00:47:47,553 --> 00:47:48,725 by developing a tool that 1121 00:47:48,725 --> 00:47:51,083 have been used by thirds 1122 00:47:51,083 --> 00:47:54,467 to violate intellectual property of the 1123 00:47:54,467 --> 00:47:55,839 plaintiff 1124 00:47:55,839 --> 00:48:01,704 this case had a great volume 1125 00:48:01,704 --> 00:48:03,949 of paper but in reality the question 1126 00:48:03,949 --> 00:48:05,751 that was made was simple 1127 00:48:05,751 --> 00:48:08,138 the question asked to the judge under 1128 00:48:08,138 --> 00:48:09,898 the nine qualifieds that accompanied the 1129 00:48:09,898 --> 00:48:11,487 complaint was simply 'Does the 1130 00:48:11,487 --> 00:48:13,981 Intellectual Property Law forbids the 1131 00:48:13,981 --> 00:48:18,151 informatic developers to create a 1132 00:48:18,151 --> 00:48:20,125 tool that allows a third 1133 00:48:20,125 --> 00:48:24,156 to violate intellectual property?' 1134 00:48:24,156 --> 00:48:26,047 A law like that 1135 00:48:26,047 --> 00:48:28,775 would have make Gutember not to invent the 1136 00:48:28,775 --> 00:48:30,435 printing press 1137 00:48:30,435 --> 00:48:32,109 The question is in our law, this is 1138 00:48:32,109 --> 00:48:34,951 disposable and the answer was not in 1139 00:48:34,951 --> 00:48:37,988 the Intellectual Property Law 1140 00:48:37,988 --> 00:48:39,972 The only forbidden thing was the 1141 00:48:39,972 --> 00:48:43,461 creation of a software that allows 1142 00:48:43,461 --> 00:48:45,538 to unprotect works with a 1143 00:48:45,538 --> 00:48:49,031 specific anticopy system, a 1144 00:48:49,031 --> 00:48:52,590 DRM or whatever, but it did not forbid 1145 00:48:52,590 --> 00:48:54,839 the creation of any other 1146 00:48:54,839 --> 00:48:56,458 technology, not even when this 1147 00:48:56,458 --> 00:48:58,352 technology may be used by thirds to 1148 00:48:58,352 --> 00:49:00,845 violate intellectual property rights. 1149 00:49:00,845 --> 00:49:05,159 The trial was extremely long, it ended 1150 00:49:05,159 --> 00:49:09,287 animously with Pablo Soto during that 1151 00:49:09,287 --> 00:49:12,545 time, It was a big dock punishment 1152 00:49:12,545 --> 00:49:15,671 with the sword of Damocles of 1153 00:49:15,671 --> 00:49:17,910 those 13 millions 60 thousand euros upon his 1154 00:49:17,910 --> 00:49:22,017 head and when the trial occured, 1155 00:49:22,017 --> 00:49:23,740 so you can see how does it moves this 1156 00:49:23,740 --> 00:49:24,851 question. 1157 00:49:24,851 --> 00:49:26,735 I remember perfectly it was a trial 1158 00:49:26,735 --> 00:49:28,314 dividied in three days of five 1159 00:49:28,314 --> 00:49:32,979 hours each day, for three non consecutive 1160 00:49:32,979 --> 00:49:35,044 days, there were two consecutive days and 1161 00:49:35,044 --> 00:49:37,258 in the third day there was one between the 1162 00:49:37,258 --> 00:49:42,293 secon daay. What happened was that 1163 00:49:42,293 --> 00:49:45,850 by casualty from the U.S. it was 1164 00:49:45,850 --> 00:49:49,345 sended the message that Spain was one 1165 00:49:49,345 --> 00:49:51,833 of the biggest pirates countries that existed 1166 00:49:51,833 --> 00:49:54,979 in the world, right in the secon day of the 1167 00:49:54,979 --> 00:49:58,814 Soto trial, the spanish media sum 1168 00:49:58,814 --> 00:50:02,298 the calculation they had in front of them 1169 00:50:02,298 --> 00:50:05,411 of two plus two and they got four, what 1170 00:50:05,411 --> 00:50:08,092 they made was to say that Spain was the 1171 00:50:08,092 --> 00:50:10,342 biggest pirate country in the world according to 1172 00:50:10,342 --> 00:50:13,521 the U.S. and today Pablo Soto is judged for 1173 00:50:13,521 --> 00:50:15,392 creating a peer to peer net and they told 1174 00:50:15,392 --> 00:50:17,433 that in the same new and the judge who 1175 00:50:17,433 --> 00:50:19,887 reads newspapers, reads this 1176 00:50:19,887 --> 00:50:21,935 question, in the trial it has its 1177 00:50:21,935 --> 00:50:23,868 weight because judges in the end are 1178 00:50:23,868 --> 00:50:25,609 humans too, with their subjetivities 1179 00:50:25,609 --> 00:50:28,151 etc., etc. 1180 00:50:28,151 --> 00:50:31,437 The point is the judge who was an old 1181 00:50:31,437 --> 00:50:33,879 man, I was in this case also with 1182 00:50:33,879 --> 00:50:35,600 Javier de la Cueva and my colleague 1183 00:50:35,600 --> 00:50:37,910 Jose Ignacio Aguilar from Seville and I told to 1184 00:50:37,910 --> 00:50:40,721 Javier "Watch how the judge 1185 00:50:40,721 --> 00:50:42,853 with the old he is, he is going to 1186 00:50:42,853 --> 00:50:45,567 retire and he is not going to dictate 1187 00:50:45,567 --> 00:50:47,195 any sentence and we have to 1188 00:50:47,195 --> 00:50:50,507 repeat the trial" and Javier, the calmest 1189 00:50:50,507 --> 00:50:52,886 man on earth, said "Nah, he is 1190 00:50:52,886 --> 00:50:54,249 not retiring and if the 1191 00:50:54,249 --> 00:50:55,585 trial is repeaed I will go 1192 00:50:55,585 --> 00:50:58,718 gladly" It is a delight, for me, if something 1193 00:50:58,718 --> 00:51:00,304 really happened and Javier de la Cueva 1194 00:51:00,304 --> 00:51:02,573 is your lawyer and sayid "Well look that 1195 00:51:02,573 --> 00:51:06,056 this guy retires, I saw him really 1196 00:51:06,056 --> 00:51:07,171 old, he is weak" and him "He 1197 00:51:07,171 --> 00:51:09,063 is not retiring and if he retires we 1198 00:51:09,063 --> 00:51:11,275 do this again and we doi it again as good, 1199 00:51:11,275 --> 00:51:15,157 nothing is going to happened". He retired, he did and 1200 00:51:15,157 --> 00:51:19,470 the law of civil indictment says the 1201 00:51:19,470 --> 00:51:22,551 sentence has to be done by the judge 1202 00:51:22,551 --> 00:51:25,243 that was in the hearing and the judge 1203 00:51:25,243 --> 00:51:26,844 retired so there is a new one 1204 00:51:26,844 --> 00:51:29,998 and we had to repeat the hearing 1205 00:51:29,998 --> 00:51:32,052 no part wanted to 1206 00:51:32,052 --> 00:51:35,355 repeat it because it was a waste of money 1207 00:51:35,355 --> 00:51:37,522 and a tremendous effort, what we 1208 00:51:37,522 --> 00:51:41,677 did was go to the court and in front of 1209 00:51:41,677 --> 00:51:43,031 the new judge, we signed an 1210 00:51:43,031 --> 00:51:44,626 act, all the lawyers, saying that 1211 00:51:44,626 --> 00:51:47,218 we all agreed on not to repeat the hearing 1212 00:51:47,218 --> 00:51:49,281 as it had been 1213 00:51:49,281 --> 00:51:50,809 recorden on video, as law oblies to, so 1214 00:51:50,809 --> 00:51:53,012 the new judge watch the hearing in the video and 1215 00:51:53,012 --> 00:51:54,904 illustrate himseld with the partial 1216 00:51:54,904 --> 00:51:57,847 verdict and dictate sentence with what 1217 00:51:57,847 --> 00:52:00,036 it is in the video with no need 1218 00:52:00,036 --> 00:52:02,518 to repeat it in fron of him, he could 1219 00:52:02,518 --> 00:52:04,168 watch it on video and all the 1220 00:52:04,168 --> 00:52:05,612 lawyers of all sides signed the 1221 00:52:05,612 --> 00:52:08,911 act telling that we all agreed. 1222 00:52:08,911 --> 00:52:11,907 The case is that the new judge dictated 1223 00:52:11,907 --> 00:52:14,192 sentence rejecting the demand against 1224 00:52:14,192 --> 00:52:18,071 Pablo Soto and saying that technology 1225 00:52:18,071 --> 00:52:20,632 peer to peer is not forbidden by the 1226 00:52:20,632 --> 00:52:22,294 law of intellectual property, that itt 1227 00:52:22,294 --> 00:52:24,319 only forbids a specific technology and 1228 00:52:24,319 --> 00:52:26,800 in this case it was obvious it was not, 1229 00:52:26,800 --> 00:52:28,364 there was also a debate about the 1230 00:52:28,364 --> 00:52:29,892 unloyal competence that was also 1231 00:52:29,892 --> 00:52:32,111 rejected, it was appealed. 1232 00:52:32,111 --> 00:52:35,188 It was appealed to the Province 1233 00:52:35,188 --> 00:52:38,100 Court of Madrid and surprisingly 1234 00:52:38,100 --> 00:52:39,990 it was the first allegation, the first 1235 00:52:39,990 --> 00:52:42,560 one of the new lawyer office 1236 00:52:42,560 --> 00:52:44,853 because the hired a new one was 1237 00:52:44,853 --> 00:52:47,982 to ask the nulity of the sentence because 1238 00:52:47,982 --> 00:52:50,848 it was dictated but not 1239 00:52:50,848 --> 00:52:54,270 by the judge who witness the hearing and 1240 00:52:54,270 --> 00:52:57,251 of course we have signed an act 1241 00:52:57,251 --> 00:52:59,113 where we said we agreed 1242 00:52:59,113 --> 00:53:00,389 with that, all lawyers and 1243 00:53:00,389 --> 00:53:02,352 said the contrary part surely 1244 00:53:02,352 --> 00:53:05,471 the demanded would told us that 1245 00:53:05,471 --> 00:53:08,454 we signed an act saying we agreed 1246 00:53:08,454 --> 00:53:12,165 with the new judge being 1247 00:53:12,165 --> 00:53:15,058 the one dictating the sentence and 1248 00:53:15,058 --> 00:53:17,433 look you took it from my mouth, I was going 1249 00:53:17,433 --> 00:53:18,908 to say it. 1250 00:53:18,908 --> 00:53:22,043 Just that, but we thought he was going 1251 00:53:22,043 --> 00:53:24,344 to study the case much better and then 1252 00:53:24,344 --> 00:53:25,976 they asked for nulity of the sentence 1253 00:53:25,976 --> 00:53:28,174 because the new judge did not studied 1254 00:53:28,174 --> 00:53:30,155 the bulky decrees enough 1255 00:53:30,155 --> 00:53:32,025 to give the the reason, it was a complete 1256 00:53:32,025 --> 00:53:34,893 win win. 1257 00:53:34,893 --> 00:53:37,297 We did not repeat the hearing if the 1258 00:53:37,297 --> 00:53:40,179 sentence was negative, we as for nulity and 1259 00:53:40,179 --> 00:53:42,734 if its positive, everything is wonderful. 1260 00:53:42,734 --> 00:53:44,878 The point is that this wen to the Province 1261 00:53:44,878 --> 00:53:46,177 Court of Madrid, rejected nulity 1262 00:53:46,177 --> 00:53:48,973 claiming that nulity cannot be an 1263 00:53:48,973 --> 00:53:50,610 ace up yur sleeve to use it 1264 00:53:50,610 --> 00:53:52,621 when it suits you and rejected 1265 00:53:52,621 --> 00:53:57,666 also the subsidiary request of 1266 00:53:57,666 --> 00:53:59,288 revoking the sentence making the 1267 00:53:59,288 --> 00:54:01,538 sentence of Pablo Soto to be resolutive. 1268 00:54:01,538 --> 00:54:04,025 This is the judge-made law panorama that 1269 00:54:04,025 --> 00:54:07,309 has been in Spain against the 1270 00:54:07,309 --> 00:54:08,938 users, against link pages, 1271 00:54:08,938 --> 00:54:10,253 against developers of 1272 00:54:10,253 --> 00:54:12,376 technologies that may eventually 1273 00:54:12,376 --> 00:54:13,960 be used to violate intellectual 1274 00:54:13,960 --> 00:54:16,718 property rights. As you can see all 1275 00:54:16,718 --> 00:54:20,536 the panorama is negative for the industry, 1276 00:54:20,536 --> 00:54:23,705 but this last just a bit, because it is then 1277 00:54:23,705 --> 00:54:27,104 when enters the legislative reform and the 1278 00:54:27,104 --> 00:54:29,214 legislative reform for me that I have been 1279 00:54:29,214 --> 00:54:35,198 in some of the cases that had to 1280 00:54:35,198 --> 00:54:38,394 be with it, it lacks putting the 1281 00:54:38,394 --> 00:54:42,143 name, meaning it is clear how it is cover 1282 00:54:42,143 --> 00:54:45,248 a specific hole for a specific case 1283 00:54:45,248 --> 00:54:47,000 that los a specific part. 1284 00:54:47,000 --> 00:54:50,693 The Law Sinde, 1285 00:54:50,693 --> 00:54:54,577 that provision, which is actually 1286 00:54:54,577 --> 00:54:56,263 a series of reforms in the Intellectual 1287 00:54:56,263 --> 00:54:57,888 Property Law, and the Information 1288 00:54:57,888 --> 00:54:59,961 Society Service Act, was simply to 1289 00:54:59,961 --> 00:55:02,606 change the arbitrators of the conflict, 1290 00:55:02,606 --> 00:55:05,296 what it did is that what before 1291 00:55:05,296 --> 00:55:09,566 the judges ruled in civil courts, 1292 00:55:09,566 --> 00:55:11,298 we will also be able to do so 1293 00:55:11,298 --> 00:55:13,304 through administrative channels, 1294 00:55:13,304 --> 00:55:15,174 open an administrative route for the industry, 1295 00:55:15,174 --> 00:55:17,786 to go directly to the Ministry of Culture, 1296 00:55:17,786 --> 00:55:20,884 and to be the Ministry of Culture to decide, 1297 00:55:20,884 --> 00:55:23,371 if this website, 1298 00:55:23,371 --> 00:55:25,404 As the links pages infringes or not 1299 00:55:25,404 --> 00:55:27,185 the intellectual property, 1300 00:55:27,185 --> 00:55:28,593 that is what the Sinde law did, 1301 00:55:28,593 --> 00:55:30,803 did not change the rules of the game, 1302 00:55:30,803 --> 00:55:32,282 but if it changed the referee, 1303 00:55:32,282 --> 00:55:33,636 in fact what happened when 1304 00:55:33,636 --> 00:55:34,763 changing the referee, 1305 00:55:34,763 --> 00:55:36,190 is that the Sinde commission 1306 00:55:36,190 --> 00:55:37,629 began to dictate judgments, 1307 00:55:37,629 --> 00:55:40,181 which were contrary to those pronounced 1308 00:55:40,181 --> 00:55:42,552 by the judges only a few months before, 1309 00:55:42,552 --> 00:55:44,568 and said just the opposite, 1310 00:55:44,568 --> 00:55:46,107 that what the judges said, 1311 00:55:46,107 --> 00:55:47,506 interpreting identical rules, 1312 00:55:47,506 --> 00:55:49,904 and besides changing the referee, 1313 00:55:49,904 --> 00:55:53,320 soon after, a year, or a year and a half later 1314 00:55:53,320 --> 00:55:55,107 changed the rules of the game, 1315 00:55:55,107 --> 00:55:57,226 reformed the Intellectual Property Law, 1316 00:55:57,226 --> 00:55:59,250 and reformed the Criminal Code, 1317 00:55:59,250 --> 00:56:00,618 and this reform 1318 00:56:00,618 --> 00:56:02,289 you will now understand perfectly, 1319 00:56:02,289 --> 00:56:04,673 without the need for great praise, 1320 00:56:04,673 --> 00:56:06,277 because we have seen how 1321 00:56:06,277 --> 00:56:08,129 your journey judicial, 1322 00:56:08,129 --> 00:56:10,594 and you are going to fit each of the reforms, 1323 00:56:10,594 --> 00:56:12,778 in your specific case 1324 00:56:12,778 --> 00:56:16,097 what they do with the Penal Code is, 1325 00:56:16,097 --> 00:56:19,956 they maintain article 270, which says: 1326 00:56:19,956 --> 00:56:23,664 public communication and profit motive, 1327 00:56:23,664 --> 00:56:26,548 and introduce you a new paragraph that says: 1328 00:56:26,548 --> 00:56:31,613 The same penalty as in the previous paragraph 1329 00:56:31,613 --> 00:56:34,610 will impose on those who maintain ordered 1330 00:56:34,610 --> 00:56:36,774 and classified listings of links to works 1331 00:56:36,774 --> 00:56:41,824 that are being disseminated without authorization, 1332 00:56:41,824 --> 00:56:49,090 when it has a direct or indirect profit, 1333 00:56:49,090 --> 00:56:50,287 to enter advertising 1334 00:56:50,287 --> 00:56:52,486 obviously in this Panorama, 1335 00:56:52,486 --> 00:56:55,637 this paragraph is expressly dedicated 1336 00:56:55,637 --> 00:56:59,216 to the pages of links. 1337 00:56:59,216 --> 00:57:01,898 As for the Soto case, what happened? 1338 00:57:01,898 --> 00:57:03,393 What happened was that 1339 00:57:03,393 --> 00:57:06,681 the cooperation to the infringement, 1340 00:57:06,681 --> 00:57:08,365 that term that was coined in 1999 1341 00:57:08,365 --> 00:57:09,746 United States in the with Napster, 1342 00:57:09,746 --> 00:57:11,370 did not exist in Spain, 1343 00:57:11,370 --> 00:57:12,995 and so that it existed, 1344 00:57:12,995 --> 00:57:15,874 included in article 138 which already existed, 1345 00:57:15,874 --> 00:57:18,366 adding a new paragraph stating that: 1346 00:57:18,366 --> 00:57:22,252 it will be responsible for the infringement, 1347 00:57:22,252 --> 00:57:23,623 not infringing, 1348 00:57:23,623 --> 00:57:26,255 but responsible for the infringement 1349 00:57:26,255 --> 00:57:29,808 of a third party, that in some way cooperated, 1350 00:57:29,808 --> 00:57:33,529 induces or promotes the infringement, 1351 00:57:33,529 --> 00:57:36,399 as is a field wide enough 1352 00:57:36,399 --> 00:57:38,713 to fill legal uncertainty 1353 00:57:38,713 --> 00:57:43,709 with people like Pablo Soto, 1354 00:57:43,709 --> 00:57:47,704 or like any of you who are software developers, 1355 00:57:47,704 --> 00:57:49,590 that is to say what he did, 1356 00:57:49,590 --> 00:57:53,176 or does because this article 138 is in force, 1357 00:57:53,176 --> 00:57:56,447 is that People like Pablo Soto, 1358 00:57:56,447 --> 00:57:57,848 who develop a technology 1359 00:57:57,848 --> 00:58:01,521 that can somehow be used for lawful purposes 1360 00:58:01,521 --> 00:58:03,226 and also to infringe intellectual property, 1361 00:58:03,226 --> 00:58:05,542 are inhibited from that development, 1362 00:58:05,542 --> 00:58:07,910 because the article 138 1363 00:58:07,910 --> 00:58:09,601 introduced a new paragraph, 1364 00:58:09,601 --> 00:58:12,986 ethereal enough to frighten To anyone, 1365 00:58:12,986 --> 00:58:14,725 because it speaks of terms 1366 00:58:14,725 --> 00:58:18,326 that are more specific to criminal law, 1367 00:58:18,326 --> 00:58:20,643 cooperate to induce or promote 1368 00:58:20,643 --> 00:58:23,491 the infringement of a third party. 1369 00:58:23,491 --> 00:58:25,097 With this article in hand 1370 00:58:25,097 --> 00:58:27,235 if Pablo Soto in his day, 1371 00:58:27,235 --> 00:58:28,930 had come to tell me, 1372 00:58:28,930 --> 00:58:31,845 I plan to develop a peer to peer tool, 1373 00:58:31,845 --> 00:58:34,997 I would have told him to be very careful, 1374 00:58:34,997 --> 00:58:37,185 because the article 138 1375 00:58:37,185 --> 00:58:39,036 introduced, is basically a 1376 00:58:39,036 --> 00:58:41,082 translated version in Spanish, 1377 00:58:41,082 --> 00:58:43,560 what the US courts said 1378 00:58:43,560 --> 00:58:45,708 when they coined the term 1379 00:58:45,708 --> 00:58:47,516 "cooperation to infringement" 1380 00:58:47,516 --> 00:58:49,335 to end Napster, which is just 1381 00:58:49,335 --> 00:58:51,337 the term that was not in Spain, 1382 00:58:51,337 --> 00:58:54,537 and which saved Pablo Soto, 1383 00:58:54,537 --> 00:58:56,110 but was not saved because 1384 00:58:56,110 --> 00:58:57,736 there was a gap in the Law, 1385 00:58:57,736 --> 00:59:00,349 nor because there was a gap now filled, 1386 00:59:00,349 --> 00:59:02,172 but because what was, 1387 00:59:02,172 --> 00:59:03,981 was a conscious decision of the legislator, 1388 00:59:03,981 --> 00:59:05,875 who is clear that software developers 1389 00:59:05,875 --> 00:59:08,404 are also creators of intellectual works, 1390 00:59:08,404 --> 00:59:10,761 and that need protection, 1391 00:59:10,761 --> 00:59:12,610 not the opposite, not a wall, 1392 00:59:12,610 --> 00:59:14,803 and what was not a gap, 1393 00:59:14,803 --> 00:59:17,440 there was a decision of the legislator 1394 00:59:17,440 --> 00:59:19,630 that said: "If we restrict 1395 00:59:19,630 --> 00:59:22,705 further software developers, 1396 00:59:22,705 --> 00:59:27,114 create cracks to unprotect 1397 00:59:27,114 --> 00:59:29,322 a certain work with anti copy systems, 1398 00:59:29,322 --> 00:59:31,405 it turns out To these creators 1399 00:59:31,405 --> 00:59:33,233 of intellectual works, 1400 00:59:33,233 --> 00:59:36,448 we are putting a lock 1401 00:59:36,448 --> 00:59:40,389 that will keep them from creating, 1402 00:59:40,389 --> 00:59:41,454 for fear that their technology 1403 00:59:41,454 --> 00:59:42,683 will be used for illicit purposes. 1404 00:59:42,683 --> 00:59:44,177 In this struggle between 1405 00:59:44,177 --> 00:59:46,201 creators of intellectual works, 1406 00:59:46,201 --> 00:59:48,439 has won by defeat, the industry 1407 00:59:48,439 --> 00:59:52,408 of non-functional works, 1408 00:59:52,408 --> 00:59:56,137 compared to that of functional works, 1409 00:59:56,137 --> 00:59:58,325 and that is the legislative landscape 1410 00:59:58,325 --> 01:00:01,237 with which we find now, 1411 01:00:01,237 --> 01:00:03,381 despite all the exchange 1412 01:00:03,381 --> 01:00:06,365 of works Intellectuals continue their course, 1413 01:00:06,365 --> 01:00:08,986 whether in peer-to-peer networks, 1414 01:00:08,986 --> 01:00:11,162 because as you know 1415 01:00:11,162 --> 01:00:12,986 there are peer to peer networks, 1416 01:00:12,986 --> 01:00:14,536 which are created with free software, 1417 01:00:14,536 --> 01:00:16,043 with exposed guts, 1418 01:00:16,043 --> 01:00:18,779 and that do not have a specific head, 1419 01:00:18,779 --> 01:00:20,700 but thousands of heads, 1420 01:00:20,700 --> 01:00:22,490 that collaboratively create their code, 1421 01:00:22,490 --> 01:00:24,389 and that are simply impossible to stop, 1422 01:00:24,389 --> 01:00:27,272 and if they could stop, 1423 01:00:27,272 --> 01:00:28,935 we know that you can not, 1424 01:00:28,935 --> 01:00:31,571 therefore a Pop Corn Time is born, 1425 01:00:31,571 --> 01:00:33,714 or is born any other way 1426 01:00:33,714 --> 01:00:36,133 of exchanging intellectual works, 1427 01:00:36,133 --> 01:00:37,818 which can not be stopped , 1428 01:00:37,818 --> 01:00:40,481 this is known in the Ministry of Culture, 1429 01:00:40,481 --> 01:00:42,557 he fully knew when he was 1430 01:00:42,557 --> 01:00:44,364 Minister of Culture Wert, 1431 01:00:44,364 --> 01:00:47,062 he said that to be able to be 1432 01:00:47,062 --> 01:00:50,428 updated to new technologies, 1433 01:00:50,428 --> 01:00:52,034 to be able to stop this, so that 1434 01:00:52,034 --> 01:00:55,089 the law is abreast of new technologies, 1435 01:00:55,089 --> 01:00:56,771 that it was necessary to do 1436 01:00:56,771 --> 01:00:58,070 an Intellectual Property Law 1437 01:00:58,070 --> 01:00:59,717 every three months, 1438 01:00:59,717 --> 01:01:07,296 I think it fails even in that idea, 1439 01:01:07,296 --> 01:01:10,159 since it is said that 1440 01:01:10,159 --> 01:01:12,640 the Intellectual Property Law 1441 01:01:12,640 --> 01:01:14,563 will be changed in a specific sense, 1442 01:01:14,563 --> 01:01:17,704 until the law is effectively publishes 1443 01:01:17,704 --> 01:01:19,342 and enters into force, 1444 01:01:19,342 --> 01:01:20,760 passes the "vacatio legis", 1445 01:01:20,760 --> 01:01:22,698 have already come different ways of exchanging, 1446 01:01:22,698 --> 01:01:29,284 have jumped that new barrier, 1447 01:01:29,284 --> 01:01:31,118 that was very well with the case of Sinde. 1448 01:01:31,118 --> 01:01:34,805 When they took out the Sinde Law, 1449 01:01:34,805 --> 01:01:38,015 I was called to speak at 1450 01:01:38,015 --> 01:01:40,256 the San Sebastian Film Festival, 1451 01:01:40,256 --> 01:01:42,093 and I thought I would talk to 1452 01:01:42,093 --> 01:01:43,639 the filmmakers there, 1453 01:01:43,639 --> 01:01:45,000 precisely two things, 1454 01:01:45,000 --> 01:01:48,219 one that I thought the goal they were 1455 01:01:48,219 --> 01:01:50,009 getting was with the hand, 1456 01:01:50,009 --> 01:01:53,406 because the judge simply did not change 1457 01:01:53,406 --> 01:01:56,204 the rules of the game, 1458 01:01:56,204 --> 01:01:57,721 which were still legal, 1459 01:01:57,721 --> 01:01:59,556 what they did was break 1460 01:01:59,556 --> 01:02:01,256 the separation of powers, and say, 1461 01:02:01,256 --> 01:02:02,795 we opened an administrative route, 1462 01:02:02,795 --> 01:02:04,557 and we changed the referees of the conflict, 1463 01:02:04,557 --> 01:02:08,337 it seemed that they were looking for a short cut, 1464 01:02:08,337 --> 01:02:10,118 it seemed that the goal was 1465 01:02:10,118 --> 01:02:12,235 trying to insert with the hand, 1466 01:02:12,235 --> 01:02:15,127 but also did not enter the goal, 1467 01:02:15,127 --> 01:02:18,196 so it also does not score, 1468 01:02:18,196 --> 01:02:20,772 try to make a goal with the hand, 1469 01:02:20,772 --> 01:02:23,874 but neither They got it. 1470 01:02:23,874 --> 01:02:28,670 I tried to make a kind of experiment, 1471 01:02:28,670 --> 01:02:30,041 in the 20 minutes I was there, 1472 01:02:30,041 --> 01:02:31,410 with two other colleagues, 1473 01:02:31,410 --> 01:02:32,939 Nacho Vigalondo was at the table 1474 01:02:32,939 --> 01:02:35,668 and another person, in the 20, 30 minutes 1475 01:02:35,668 --> 01:02:37,295 I had to speak, 1476 01:02:37,295 --> 01:02:38,899 precisely the Sinde law, 1477 01:02:38,899 --> 01:02:41,607 What I did was an experiment 1478 01:02:41,607 --> 01:02:43,329 called Sinde table, 1479 01:02:43,329 --> 01:02:44,805 I put a hashtag on twitter 1480 01:02:44,805 --> 01:02:46,653 with the name Sinde table, 1481 01:02:46,653 --> 01:02:48,124 and I did not want to say 1482 01:02:48,124 --> 01:02:50,273 anything to not ruin the experiment, 1483 01:02:50,273 --> 01:02:52,030 to the tweeters who were there, 1484 01:02:52,030 --> 01:02:54,911 I just said with the hashtag table Sinde, 1485 01:02:54,911 --> 01:02:57,231 to he hour that begins my paper, 1486 01:02:57,231 --> 01:03:01,244 I will ask something to talk about 1487 01:03:01,244 --> 01:03:06,277 the inability to stop the pages link 1488 01:03:06,277 --> 01:03:09,857 with the law Sinde, because the Sinde law, 1489 01:03:09,857 --> 01:03:11,414 boasted of being able to close 1490 01:03:11,414 --> 01:03:14,072 a page of links in four months, 1491 01:03:14,072 --> 01:03:16,019 then took much more , 1492 01:03:16,019 --> 01:03:17,909 but they said four months, 1493 01:03:17,909 --> 01:03:22,908 well, what we did was, open a page in 1494 01:03:22,908 --> 01:03:25,956 Google Docs to create a database, 1495 01:03:25,956 --> 01:03:28,560 page of links, only had a limitation, 1496 01:03:28,560 --> 01:03:31,355 they could start to send the links, 1497 01:03:31,355 --> 01:03:33,478 from the moment in that I began to speak, 1498 01:03:33,478 --> 01:03:37,277 and ended when I finished speaking, 1499 01:03:37,277 --> 01:03:39,429 to see how long it takes to make 1500 01:03:39,429 --> 01:03:44,383 a page of links to intellectual works, 1501 01:03:44,383 --> 01:03:46,982 which are elsewhere, 1502 01:03:46,982 --> 01:03:48,609 in the time it took to speak, 1503 01:03:48,609 --> 01:03:51,766 about the ineffectiveness of a Law, 1504 01:03:51,766 --> 01:03:53,707 after half an hour at the end 1505 01:03:53,707 --> 01:03:55,485 of the conference, I told the attendees, 1506 01:03:55,485 --> 01:03:59,172 I did an experiment that I did not tell you, 1507 01:03:59,172 --> 01:04:01,241 when I started to speak this hashtag, 1508 01:04:01,241 --> 01:04:04,518 and this is what has happened, 1509 01:04:04,518 --> 01:04:06,329 they created twenty link pages, 1510 01:04:06,329 --> 01:04:10,349 they had they open several pages in Google Docs, 1511 01:04:10,349 --> 01:04:12,720 because they made a database so extensive, 1512 01:04:12,720 --> 01:04:15,083 it did not fit and fell continuously, 1513 01:04:15,083 --> 01:04:17,049 so they opened several mirrors, 1514 01:04:17,049 --> 01:04:18,626 and created 20 pages of links, 1515 01:04:18,626 --> 01:04:22,378 in the time it takes a conference on effectiveness, 1516 01:04:22,378 --> 01:04:24,118 Or ineffectiveness of the Sinde law, 1517 01:04:24,118 --> 01:04:26,278 which was to close them in four months, 1518 01:04:26,278 --> 01:04:28,400 simply explained to the people there, 1519 01:04:28,400 --> 01:04:30,609 is that what you want to close 1520 01:04:30,609 --> 01:04:32,032 is the index of the encyclopedia, 1521 01:04:32,032 --> 01:04:33,839 but the encyclopedia still exists, 1522 01:04:33,839 --> 01:04:35,606 and there are very easy ways 1523 01:04:35,606 --> 01:04:37,523 to create an index in a matter of minutes. 1524 01:04:37,523 --> 01:04:40,570 Of course the director of the festival 1525 01:04:40,570 --> 01:04:44,040 was very angry, and I have not gone to 1526 01:04:44,040 --> 01:04:45,430 the San Sebastian Film Festival, 1527 01:04:45,430 --> 01:04:46,875 I have not been invited anymore, 1528 01:04:46,875 --> 01:04:48,009 for whatever reason. 1529 01:04:48,009 --> 01:04:52,178 Rebordinos, who is the director 1530 01:04:52,178 --> 01:04:53,693 of the San Sebastian Film Festival, 1531 01:04:53,693 --> 01:04:56,563 asked him the same day in "El País", 1532 01:04:56,563 --> 01:04:57,851 what did the experiment look like, 1533 01:04:57,851 --> 01:04:59,660 because the experiment had a lot of movement, 1534 01:04:59,660 --> 01:05:01,712 in fact it was a worldwide trending topic, 1535 01:05:01,712 --> 01:05:05,728 only surpassed by the hashtag of the word vagina 1536 01:05:05,728 --> 01:05:11,894 of but in short, was a very worthy second position, 1537 01:05:11,894 --> 01:05:17,295 and there was a lot of movement with that question, 1538 01:05:17,295 --> 01:05:19,851 the media called all parties asking what happened at 1539 01:05:19,851 --> 01:05:21,651 the San Sebastian Film Festival?, 1540 01:05:21,651 --> 01:05:24,773 and called Rebordinos was very angry and said: 1541 01:05:24,773 --> 01:05:26,879 this gentleman has not been called 1542 01:05:26,879 --> 01:05:28,334 here to mount this, 1543 01:05:28,334 --> 01:05:30,718 he has been called to talk about trans-media film, 1544 01:05:30,718 --> 01:05:32,523 I was surprised because 1545 01:05:32,523 --> 01:05:36,368 I do not know what trans-media cinema is, 1546 01:05:36,368 --> 01:05:39,117 everyone knows what I'm talking about, anyway, 1547 01:05:39,117 --> 01:05:40,988 I went there only instead of talking, 1548 01:05:40,988 --> 01:05:42,413 I tried to prove what I was saying, 1549 01:05:42,413 --> 01:05:45,908 and that seemed to go a little too far, 1550 01:05:45,908 --> 01:05:48,395 it's allowed to give your opinion but not to show it. 1551 01:05:48,395 --> 01:05:51,945 Then he became very angry, 1552 01:05:51,945 --> 01:05:55,725 and when asked two or three weeks later, 1553 01:05:55,725 --> 01:05:57,935 the San Sebastian film festival, 1554 01:05:57,935 --> 01:05:59,683 what had been the best and 1555 01:05:59,683 --> 01:06:01,511 worst moment of the festival? 1556 01:06:01,511 --> 01:06:03,986 said: The best had been talking to 1557 01:06:03,986 --> 01:06:06,207 Glenn Close of cooking recipes, 1558 01:06:06,207 --> 01:06:08,599 who can compete with that, 1559 01:06:08,599 --> 01:06:10,936 and what the worst, 1560 01:06:10,936 --> 01:06:12,580 although you can not speak 1561 01:06:12,580 --> 01:06:14,357 of one that is the worst, 1562 01:06:14,357 --> 01:06:16,104 but that I was the worst moment of 1563 01:06:16,104 --> 01:06:19,638 the Film Festival San Sebastian, 1564 01:06:19,638 --> 01:06:21,637 but it was quite funny, 1565 01:06:21,637 --> 01:06:24,717 and in definite accounts although this would close 1566 01:06:24,717 --> 01:06:26,427 the doors of the cinema, 1567 01:06:26,427 --> 01:06:28,236 something was demonstrated, 1568 01:06:28,236 --> 01:06:29,841 and put on the mat, 1569 01:06:29,841 --> 01:06:31,428 something that seems interesting, 1570 01:06:31,428 --> 01:06:34,942 what is done when a reality is impossible to stop?. 1571 01:06:34,942 --> 01:06:38,417 There is an American economist 1572 01:06:38,417 --> 01:06:42,095 who said that this download of the internet 1573 01:06:42,095 --> 01:06:43,955 was like the Law of Economic Gravity, 1574 01:06:43,955 --> 01:06:46,550 he was trying to say that 1575 01:06:46,550 --> 01:06:49,516 if you took a pen and released it, the pen fell, 1576 01:06:49,516 --> 01:06:53,941 and you can be against that happening, 1577 01:06:53,941 --> 01:06:56,955 And that you think it morally 1578 01:06:56,955 --> 01:07:00,595 very reprehensible that that happens, 1579 01:07:00,595 --> 01:07:03,178 and make thousands of laws that prohibit it, 1580 01:07:03,178 --> 01:07:05,646 and after all those campaigns 1581 01:07:05,646 --> 01:07:07,910 saying how bad it seems to you, 1582 01:07:07,910 --> 01:07:09,655 after making thousands of 1583 01:07:09,655 --> 01:07:11,237 laws that prohibit the fall of the pen, 1584 01:07:11,237 --> 01:07:12,869 someone will release a ball pen 1585 01:07:12,869 --> 01:07:14,507 somewhere and it will fall again, 1586 01:07:14,507 --> 01:07:17,372 the guy said that the download of the internet 1587 01:07:17,372 --> 01:07:19,223 was like the Law of Gravity, 1588 01:07:19,223 --> 01:07:21,011 and that there was little to do, 1589 01:07:21,011 --> 01:07:23,984 that what had to be done was to find an alternative, 1590 01:07:23,984 --> 01:07:27,529 so that the Creators, being a social benefit, 1591 01:07:27,529 --> 01:07:30,358 continue to create, and have an incentive to create, 1592 01:07:30,358 --> 01:07:32,634 and that could only be achieved, 1593 01:07:32,634 --> 01:07:35,325 with changes in business models, 1594 01:07:35,325 --> 01:07:37,880 and changes also in the remuneration systems 1595 01:07:37,880 --> 01:07:39,530 of creators, the guy said, 1596 01:07:39,530 --> 01:07:43,882 That in the days where the peer to peer networks 1597 01:07:43,882 --> 01:07:45,903 was the most attended, 1598 01:07:45,903 --> 01:07:48,429 said that the content industry, 1599 01:07:48,429 --> 01:07:51,063 this was said long before "Spotify", 1600 01:07:51,063 --> 01:07:53,335 long before "Netflix", or long before Filmin, 1601 01:07:53,335 --> 01:07:55,466 "Said that the content industry had 1602 01:07:55,466 --> 01:07:57,469 something that put them in a 1603 01:07:57,469 --> 01:07:58,950 very special competitive advantage, 1604 01:07:58,950 --> 01:08:00,887 ahead of the "peer to peer" networks, 1605 01:08:00,887 --> 01:08:02,502 those old "peer to peer" networks, 1606 01:08:02,502 --> 01:08:06,377 said: look at the content industry, 1607 01:08:06,377 --> 01:08:08,628 they have first the content before anyone else, 1608 01:08:08,628 --> 01:08:15,731 and can launch a peer to peer network 1609 01:08:15,731 --> 01:08:18,485 system remunerated for example with advertising, 1610 01:08:18,485 --> 01:08:20,724 or with subscription systems, 1611 01:08:20,724 --> 01:08:23,791 such as after Netflix was born, 1612 01:08:23,791 --> 01:08:27,795 and many think that gratuitousness is 1613 01:08:27,795 --> 01:08:30,594 the only reason it does that a mass of 1614 01:08:30,594 --> 01:08:36,910 potential clients will go from one place to another, 1615 01:08:36,910 --> 01:08:39,459 but it turns out not, that we can present 1616 01:08:39,459 --> 01:08:41,955 several systems, one that is free, 1617 01:08:41,955 --> 01:08:45,025 others "freemiun", other "premium", 1618 01:08:45,025 --> 01:08:48,181 and we can get those guys to get us have gone, 1619 01:08:48,181 --> 01:08:50,437 instead of chasing them with a stick to go back 1620 01:08:50,437 --> 01:08:52,462 to our stores, 1621 01:08:52,462 --> 01:08:56,689 to attract them with an alternative proposal, 1622 01:08:56,689 --> 01:08:59,501 to seduce them in some way, 1623 01:08:59,501 --> 01:09:02,063 said that peer to peer networks have some 1624 01:09:02,063 --> 01:09:04,404 negative issues, has the positive that is the price, 1625 01:09:04,404 --> 01:09:08,210 which is the fact that you can, 1626 01:09:08,210 --> 01:09:09,828 download it without paying for what you download, 1627 01:09:09,828 --> 01:09:11,099 but it has some negatives, 1628 01:09:11,099 --> 01:09:12,975 which a professional service like ours could remove, 1629 01:09:12,975 --> 01:09:14,562 have queue waiting, 1630 01:09:14,562 --> 01:09:17,123 we are talking about the times of "Emule" 1631 01:09:17,123 --> 01:09:21,061 has the possibility to infect you with viruses, 1632 01:09:21,061 --> 01:09:23,467 you have the possibility of fake you, 1633 01:09:23,467 --> 01:09:26,919 the famous "fake" as a classic example is: 1634 01:09:26,919 --> 01:09:31,115 you download a classic movie, 1635 01:09:31,115 --> 01:09:35,846 and in the end is a porn movie, or vice versa, 1636 01:09:35,846 --> 01:09:38,542 you can also , And that is almost worse, 1637 01:09:38,542 --> 01:09:44,464 that you download a porn movie, and be a classic, 1638 01:09:44,464 --> 01:09:46,615 anyway, the fact is that it is not what 1639 01:09:46,615 --> 01:09:48,499 you were looking for, or that you download 1640 01:09:48,499 --> 01:09:52,114 "Lies and Fat", and "Lies and Fat" 1641 01:09:52,114 --> 01:09:54,647 In short that some of this happens, 1642 01:09:54,647 --> 01:09:56,238 and said we can go here, 1643 01:09:56,238 --> 01:09:59,943 and then came out "Spotify", 1644 01:09:59,943 --> 01:10:02,727 and then came out "Netflix", 1645 01:10:02,727 --> 01:10:04,730 and it has been proven, 1646 01:10:04,730 --> 01:10:06,920 that if there is something that downloads 1647 01:10:06,920 --> 01:10:10,875 they are not the proper names of Sinde, Wert, Lasalle, 1648 01:10:10,875 --> 01:10:13,751 but rather are their own names similar to 1649 01:10:13,751 --> 01:10:16,434 "Netflix", "Filmim", "Spotify", 1650 01:10:16,434 --> 01:10:18,710 and it was also said that in France, 1651 01:10:18,710 --> 01:10:20,240 a system was proposed in the past, 1652 01:10:20,240 --> 01:10:22,853 basically following the thought, 1653 01:10:22,853 --> 01:10:24,897 that what is taken advantage of by all, 1654 01:10:24,897 --> 01:10:26,799 must be held by all, 1655 01:10:26,799 --> 01:10:29,560 and spoke of the optional general license, 1656 01:10:29,560 --> 01:10:32,411 an amount you pay is a form of tax, 1657 01:10:32,411 --> 01:10:35,643 which differs from the famous "Canon" to CDs, 1658 01:10:35,643 --> 01:10:38,318 in the fact of the word Optional, 1659 01:10:38,318 --> 01:10:40,815 we speak of general license as an option, 1660 01:10:40,815 --> 01:10:42,456 that is to say it was paid by 1661 01:10:42,456 --> 01:10:44,429 those who actually used it, 1662 01:10:44,429 --> 01:10:46,092 or would use the network for this, 1663 01:10:46,092 --> 01:10:47,762 and paid it not to the "Sgae" 1664 01:10:47,762 --> 01:10:49,240 to distribute it among its partners, 1665 01:10:49,240 --> 01:10:51,135 nor to the other seven entities Of management, 1666 01:10:51,135 --> 01:10:52,707 but paid it to the state that distributed 1667 01:10:52,707 --> 01:10:56,096 it among the authors, 1668 01:10:56,096 --> 01:10:58,694 who identified themselves with certain watermarks, 1669 01:10:58,694 --> 01:11:00,876 in a system similar to that proposed to 1670 01:11:00,876 --> 01:11:02,791 Richard Stallman and William Fisher, 1671 01:11:02,791 --> 01:11:04,797 both were cited in the book "Free Culture" 1672 01:11:04,797 --> 01:11:07,666 by Lawrence Lessig, 1673 01:11:07,666 --> 01:11:10,005 when we talked about this impasse, 1674 01:11:10,005 --> 01:11:11,637 where it seemed that we had arrived, 1675 01:11:11,637 --> 01:11:14,502 and which had been advanced Lessig said, 1676 01:11:14,502 --> 01:11:18,864 to the conflict several years in advance, 1677 01:11:18,864 --> 01:11:21,560 had seen as a visionary that this was not 1678 01:11:21,560 --> 01:11:23,256 going to reach no part, 1679 01:11:23,256 --> 01:11:26,695 long before we saw that the alley was dead-end, 1680 01:11:26,695 --> 01:11:28,775 and already proposed an exit in these terms, 1681 01:11:28,775 --> 01:11:31,497 and in France was not only rejected, 1682 01:11:31,497 --> 01:11:34,243 but what they did was to impose the Hadopi law, 1683 01:11:34,243 --> 01:11:37,047 which was to cut the connection 1684 01:11:37,047 --> 01:11:40,147 of those who connected to peer to peer networks. 1685 01:11:40,147 --> 01:11:41,816 In the United States, 1686 01:11:41,816 --> 01:11:45,276 they proposed not only to cut the connection 1687 01:11:45,276 --> 01:11:47,148 of those who connect to peer to peer networks, 1688 01:11:47,148 --> 01:11:49,021 but to destroy by remote control, 1689 01:11:49,021 --> 01:11:51,975 the computer from which they connect 1690 01:11:51,975 --> 01:11:53,559 to peer to peer networks. 1691 01:11:53,559 --> 01:11:56,594 US Senator Orrin Hatch who was also a composer 1692 01:11:56,594 --> 01:12:01,166 and had the poor head lost, and rejected it, 1693 01:12:01,166 --> 01:12:03,168 but although they rejected this 1694 01:12:03,168 --> 01:12:05,192 in the United States, 1695 01:12:05,192 --> 01:12:08,240 the level of punishment to try to stop 1696 01:12:08,240 --> 01:12:10,771 what was unstoppable rose so much, 1697 01:12:10,771 --> 01:12:12,611 that the fine that can fall 1698 01:12:12,611 --> 01:12:14,066 for downloading two songs, 1699 01:12:14,066 --> 01:12:17,296 is greater than the maximum fine 1700 01:12:17,296 --> 01:12:22,002 that can fall to a doctor, 1701 01:12:22,002 --> 01:12:24,330 who mistakenly amputates a good leg, 1702 01:12:24,330 --> 01:12:26,195 why? because 1703 01:12:26,195 --> 01:12:28,345 precisely because we spoke at the beginning, 1704 01:12:28,345 --> 01:12:29,946 because they found that neither 1705 01:12:29,946 --> 01:12:30,987 with the demands a Brianna LaHara, 1706 01:12:30,987 --> 01:12:32,855 nor with the demands of Gertrude Walton, 1707 01:12:32,855 --> 01:12:34,560 were able to stop this reality, 1708 01:12:34,560 --> 01:12:36,221 and they continued raising the level of punishment, 1709 01:12:36,221 --> 01:12:38,376 until reaching these bizarre limits, 1710 01:12:38,376 --> 01:12:40,004 and then came out "Netflix", 1711 01:12:40,004 --> 01:12:42,094 and then came out "Spotify", 1712 01:12:42,094 --> 01:12:43,959 because it seems that in some Countries 1713 01:12:43,959 --> 01:12:46,004 is already coming to the conclusion 1714 01:12:46,004 --> 01:12:47,778 that no matter how much we change the laws, 1715 01:12:47,778 --> 01:12:49,746 somewhere there will be someone 1716 01:12:49,746 --> 01:12:51,355 who will pick up the pen, 1717 01:12:51,355 --> 01:12:53,676 it will jump and it will fall. 1718 01:12:53,676 --> 01:12:55,899 This is all friends thanks. 1719 01:12:56,658 --> 01:13:03,164 Hecho por : MIGUEL POMBOZA GUADALUPE