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EU Government Piracy

Spanish Website Blocking Law Implemented 65

Posted by Unknown Lamer
from the banning-things-is-fun dept.
Sir Mal Fet writes "In a very polemic move by the Spanish parliament, the infamous 'Sinde' law, already discussed here, was implemented on December 31st. Albeit modified from their original version, the law will allow the Spanish government to request ISPs to summarily close a website due to copyright infringement (English translation). If the ISP refuses, then it's passed to court where a judge can order the website closed. It seems it's one good, one bad over there. The law is in public consult until March, and No Les Votes, a Spanish organization that opposes the law, has already started a campaign to boycott it (English translation)."
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Spanish Website Blocking Law Implemented

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  • Good luck! (Score:5, Insightful)

    by rev0lt (1950662) on Tuesday January 03, 2012 @04:01AM (#38570198)
    Anything other than a judge decreting a site to be closed is likely unconstitutional, and the first ISP to drag a case to the court will void the law, because the law itself voids the principle of "innocent until guilty". I'm not spanish (I'm from a neighour country), but it seems if one of these cases reaches an european court it will stand no chance, so this seems to be a "pleaser" law - it's written and whatnot (and given that Spain recently changed powers, it's not difficult to guess why now), but if you try to enforce it on the wong people, a shitstorm will rise. Considering that Spain is one of the countries that signed the Lisbon Treaty (and one of the few countries to referend it), the ones actually approving this law will have no interest whatsoever in enforcing it, specially considering the precarious finance state of the country.
  • Re:Que? (Score:4, Insightful)

    by BlueStrat (756137) on Tuesday January 03, 2012 @05:40AM (#38570534)

    Implemented two days ago? Public consults until March? Boycott the law?

    Nobody Expects The Spanish InConfusion!

    I agree, TFS is immensely confusing, at least for non-Spanish citizens, and lacks any contextual clues. It's like a very bad translation of an article meant only for Spanish domestic consumption where many assumptions are made about the target audience's previous knowledge of the subject and the Spanish domestic political/legal landscape and legal/legislative procedures.

    It reads a lot like Japanese instruction manuals from years back that had almost completely indecipherable English translations, many of which were quite humorous, but unfortunately very unhelpful.

    Strat

  • Re:More slashcrap (Score:5, Insightful)

    by langarto (718855) on Tuesday January 03, 2012 @06:47AM (#38570856)

    You may be Spanish, but don't seem to know shit about what you are talking about. There is no much fearmongering in the linked articles. The point of the law is precisely to bypass the due process that you claim that exists in Spain.

    Thanks to this law, any copyright holder can ask to have a website closed without having to prove before a judge that there is an actual copyright infringement. There is a judge involved somehow, but he does not get to judge the case before closing the site (as was the case until now). This law opens the gates for American style corporate censorship (like when US Immigration and Customs Enforcement decides that a web site should have its DNS stolen because Warner Bros or Universal say that it hosts "illegal" content).

    And the change in government has very little to do with this law. Both PP and PSOE agree with it. Both voted for it.

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