Sinde Law is Spain’s SOPA

Remember SOPA and PIPA? Well it looks like Spain is getting in on the action, too. Yesterday the Spanish Government passed new legislation – dubbed Sinde Law after former Spanish culture minister Angeles Gonzalez-Sinde – where copyright and intellectual property right owners can report suspected infringing websites to a newly formed governmental commission. That commission then determines the merit of the complaint; if action should be taken against the company/individuals running the website in question and/or against the ISPs providing service to the website. If the commission decides there is merit, the complain is passed to a Spanish judge who then rules on whether the infringing website should be shutdown or not. The Spanish government aims to make this an expedited process, with a goal of 10 days per complaint.

To me, on paper, this looks like a fairly good law. However, I question how well it will be implemented in reality. Ten days to determine the fate of a website? I mean for obvious infringing and obvious innocent websites ten days should be more than enough to determine yay or nay; but how about the websites that fall somewhere in the middle? Furthermore, do the websites being questioned get any say before the commission or is the commission force-fed whatever IP owners claim? Ten days doesn’t seem long enough to give website owners time to prepare to defend themselves before the commission. Similarly, what types of actions can be taken against websites deemed to be infringers — does it just depend on the mood of the judge? Also, is there any enforcement on foreign websites (i.e. non-Spanish websites)?

This law is particularly interesting in Spain because there have been court cases in the past that have ruled some streaming websites are legal, such as Rojadirecta.

Only time will tell how this plays out.

[via Engadget, BBC | Image credit: Dr Stephen Dann]

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10 comments

  1. MixedReview

    @Switch-kun

    Ya, Dude I think you nailed on the head about “You got to be careful these days
    I really don’t know if that “video” you shared is really true”

    Has anyone notice how well technology got during 9/11?.

    Kinda eerie that it was hard to tell @ that moment and time, if you where watching a movie or if it was real.

    Point is people can influence others with suggestions that would seem so reasonable and acceptable.

    People will fallow by the masses.(Hey who voted for that guy? I didn’t did you?) hahahaha;)

    Ever watch that kids movie A Bug’s Life ?

    My kid,@ 6yrs old, @ that time surprised and shocked me. “Dad why don’t they just defend themselves?”

    I was like what? “Dad its seems like there’s more ants than grasshoppers! ”

    Hmmm? smart kid.

    Does Disney mocks us as society?(to passive) or is it just that where to busy to be bothered?

  2. al hall

    Switch-kun wrote about Ron Paul:

    “I just wish someone like Ron Paul would become the next American president to make US a better place for everyone; he seems like a good politician.”

    The last two words are oxymorons… WAKE UP!!!

    Old Irish saying: Be careful what you wish for because you might get it.

  3. Switch-kun

    >Infowars
    >Alex Jones

    Meeh… you know, some months ago, I learned that ‘Jones conspiracy theories and what not aren’t that accurate, and the way he says things can manipulate one’s thoughts and make is as if he’s saying the truth 100%.
    My friend claims ‘Jone’s videos are only 30% fact and the rest is propaganda crap. You got to be careful these days man. ^^
    I really don’t know if that “video” you shared is really true, but it looks convincing. The world of conspiracies and government lies are really dangerous these days. It’s hard to identify what’s fact and fiction, I just wish someone like Ron Paul would become the next American president to make US a better place for everyone; he seems like a good politician. :3

  4. Mary

    Oh, ffs. Besides people taking advantage of these laws, and finding loopholes to abuse them, I absolutely hate that innocent people will be accused of stuff they didn’t do. Kind of like ‘guilty before innocent’ (which is the norm here, but isn’t supposed to be). Arggg…I have so much to say and don’t know where to start.
    10 days to prove yourself innocent? Since when has any court of law worked that fast? NEVER.

    All of this is getting out of hand. These governments need to look at the laws that already exist, and any civilian or company dealing with intellectual products need to know what laws are that already exist to protect them before they publish ANYTHING.

    As I said in my other post, I am all for protecting ones rights, HIGHLY, because of being a victim of it in the past, but there ARE current laws to protect these things right now.

    Seems to be something fishy about all of this.

    No matter what laws come out, people who are thieves will continue to do what they do. Nothing will stop them. Maybe governments should spend more time and energy on educating the public, providing their citizens with decent jobs and incomes so thieves don’t need to resort to this type of thing in the first place. It all comes down to one thing: money. We all need it, we all want it, we all have to have it. If people have no access to it in an honest manner, they will get it any way they can. It’s not rocket science for crying out loud.

    Ok, I’m probably not making sense now. Sorry about that. All the thoughts in my head are getting scrambled up now! Just venting on my part in bits and pieces. Ignore me! lol

    *going back to my hole to hide*

  5. hatman

    All these Nazi New World Order laws are planed for the whole world. It is call harmonizing Laws. USA congress has just passed a Law that will allow USA government to Arrest and impression any USA citizen without due process. Just like the Soviet Union and Nazi Germany did. This is a violation of the Constitution of the United States. Hitlers vision did not die when he died. It carried on as planned with a bit of a delay.

    These video’s are posted with makers permission so this is not linking to illegal video links.

    The American Dream Film-Full Length
    http://www.youtube.com/watch?v=tGk5ioEXlIM

    The Obama Deception(by Alex Jones)HQ Full length
    http://www.youtube.com/watch?v=mBIivmWFh3g