President of the Association of Internet Users, Víctor Domingo, believes that the new government proposal concerning Internet , including the Law of Sustainable Economy infringes the rights citizens' fundamental and accuses the Government to follow the dictates of the SGAE. He also insists that file sharing is not illegal in Spain and from the Executive try to confuse public opinion by mixing the concepts of sharing and piracy. 12/13/2009
Victor Domingo: We are and we will be very belligerent because this measure misses the rule of law and the English Constitution. Close webpages is something that falls to the judges, not the Government. We therefore believe that this initiative only seeks to criminalize box and a very important part of the population, which is very perverse. This measure had to remove it twice. And now we try to brew the night and dark, without any prior discussion and without telling the General Council of the Judiciary. It affects not only the Internet, affecting the fundamental rights of all citizens. We therefore call for immediate withdrawal and the resignation of the minister.
fotocasa.es: you accept this law if only change were a judge who had the power to close sites?
Victor Domingo: This is how it works today, what happens is that no judge has closed so far no site in Spain because that file sharing is not a crime, so they have to invent a commission. They call you for sharing criminal and only follow the dictates of the SGAE. The government does nothing for the public interest.
fotocasa.es: How does the meeting with the minister Thursday and Friday concentrations in different English cities?
Victor Domingo: It showed a lack of courtesy. First, the meeting should have taken place before submitting the draft, not after people already have read in the newspapers. In addition, when the minister took office, said he would meet immediately with others, and for that meeting have been necessary reach 8 months and this move seems to be conceived in darkness and night. For concentrations of last week, must be understood as a further act among many that have taken place, because this announcement is just a grain of sand. Currently there are plenty of websites sued by SGAE.
fotocasa.es: Are they entitled to sue the creators revenue sharing works?
Victor Domingo: No. It is important to note that the creators do not remove a penny. I swap something with someone does not mean that I do not go shopping. The exchange has been practiced throughout life, long before the Internet. Previously recorded tapes of radio and that did not mean people do not buy the tape later. On the other hand, in a country with 19 million mileuristas can not buy CD's at 20 euros. The artists have to understand the media as an opportunity to be publicized so that people go to their concerts, but if they are heavy people are tired and do not go. In addition, Internet users are already paying the digital canon, which is arbitrary, indiscriminate and unfair because it is paid or not use the tools.
fotocasa.es: If the commission alleged acts of trade, ie when makers denounce the dissemination of his works, is not declaring war between surfers and artists?
Victor Domingo: Absolutely. To find out if something will have to spy exchange, and they will do. In addition, they are confusing to the public. With no P2P download anything, just file sharing.
fotocasa.es: As in other European countries like France the issue is highly regulated, is not just in Spain is regulated in some way file sharing?
Victor Domingo: The problem is that they are making people believe that sharing is piracy, and exchange is not a crime in Spain. In other countries do is more penalized but there are no private copies. Ironically, in France the Socialists are trying to challenge this law of Sarkozy and the Socialists are here to promote it. This shows that is not a party issue, but there is something else behind.
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