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Posted by on May 30, 2012 in Internet |

Spain: The Supreme Court suspended the law Sinde-Wert

Spain: The Supreme Court suspended the law Sinde-Wert

cc @ Jakub_Krechowicz

Finally the does not find sufficient grounds to suspend the law Sinde-Wert: Consider that does not produce “irreversible damage” but acts arising from their application, to provoke them.

Recall that this Act came into force in March, with the intention of “protecting intellectual property” closing webpages in Internet and getting their blockade by the operators if they are outside of Spain.

Main problem raised by the appeal filed by the Association of Internet to the Supreme Court: too many functions are given to the Commission on Intellectual Property, which are responsible for approving and proceed to close the sites being considered.

Specifically: The Commission has powers that are given to judges by law as well as not very sharp left punishing infractions. And that would mean the end to carry out “sanctions without the legal authorization required” and therefore would bring a “legal uncertainty that threatens the fundamental rights of citizens.”

As the Supreme Court did not think the same goes with the regulation can not be illegal, but it could well be considered “acts arising from their application.” And those acts, however, can be appealed.

So the judges, with the regulations of the Law Sinde-Wert, be limited to give permission for access providers to help transfer the information to the commission to identify the owner of the website you intend to close. Apart also cause to be carried out the resolution of the proceedings. But will not get the time to evaluate whether or not the sites violate against intellectual property.

Since March the Act came into force Sinde-Wert, and there are over 300 sites reported: It is assumed that the orders will soon begin closing and locks. And then, taking into account the order of the Supreme Court against decisions taken by the Commission will be against it that it can use.

We’ll see how it goes … And who benefits, things are still not very clear …

Link: The Supreme Court sees no justification to suspend the application of the Act and Regulation Sinde-Wert, but hesitates. (Association of Internet)

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