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  7. Some ways of infringing (allegedly) the Intellectual Property Law, by Jorge

Some ways of infringing (allegedly) the Intellectual Property Law, by Jorge

Some ways of infringing (allegedly) the Intellectual Property Law, by Jorge


The Intellectual Property Law is a law about which much has been written, for and against. Despite the fact that they try to make the “debate” biased, many of us believe that even the very concept of intellectual property is outdated, since from the moment a work can be digitized, regulating the content as if it were the medium loses its meaning. Economic and cultural considerations aside.

But while the law is in force, it must be followed. We can debate it, criticize it, propose reforms, modifications or abolitions. But we cannot violate it while it is in force.

As curious as it may seem, some of those who work hardest to defend the law and its anachronistic model to cape and sword, are later the first to violate it. As they say “the fish dies through the mouth”. This would not matter much (and even less so for people who, like me, defend the exchange of information and culture in an absolutely free way), were it not for the fact that many of these “defenders of intellectual property” attack consumers and citizens blindly, trying to criminalize (falsely according to some legal professionals) habits and behaviors

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that should not even be reprehensible.

So I am going to allow myself to analyze in this article three ways of infringing (allegedly) the Intellectual Property Law, and the various points in which said violation can be found. This is an incomplete list, but I hope you find it illustrative (after all, that is the purpose of this and many other of my articles: teaching and criticism of current affairs). By the way, since “Now the law acts” (that is, ex officio action in case of alleged violation) this should be enough to open investigations.

Let’s start with the presumed reproduction and diffusion illegal protected content. Or as the infamous advertising campaign of the Ministry of Culture and FEMAP says: “Dissemination of illegal content on the Internet is a crime punishable even with jail.” Example: ACAM. This association, which has been the “unofficial spokesperson for the most unpopular and intransigent messages from SGAE” (such as the public defense of the canon on hard drives, or the attack on Internet users), published on its website, on October 12, a more than debatable article by the former director of the office for the defense of intellectual property of the SGAE, Pedro Farré, in a presumably illegal way.

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According to Ana Barberá, Legal Advisor of Editorial Aranzadi (Editors of the article published by ACAM), it is an “article by an author from Aranzadi for whom we have NOT given authorization.”

Then we have the worst (in my opinion) of all the crimes that can be committed against creation: the plagiarism . Examples, unfortunately, abound: from Disney (with the alleged plagiarism of the animated film “The Lion King”) until British Government (with plagiarism

recognized from the report on weapons of mass destruction in Iraq), although they mainly occur in the recording industry.

Lastly we have the non-payment of exploitation rights such as the one who allegedly commits Disney with royalties from Winnie the Pooh.

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It should be clarified that there are various phases in which an alleged violation of copyright can be found. The first is the suspicion (which are very well founded, such as the alleged plagiarism of the member of the SGAE Nacho Cano to the magnificent composer Wim Mertens). Then we have the accusation (formal, that is, before the courts, or simply in public communication, as in the case of the alleged plagiarism of the SGAE to the contents of DiarioRed). Lastly we have the sentence

Of course we always have the resource of the out of court settlement to avoid, paying, the bad fame. In this bag we can put madonna (in the case of alleged plagiarism of Guy Bourdin’s photographs), or Anna Quintana (with the “alleged” plagiarism of “Sabor a Hiel”). Even the agreement can come before reaching the courts, as in the case of accusation of plagiarism of the idea of ​​a student portal by Microsoft.

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By the way, hypocrisies of this type also occur in the world of software (such as the US Senator Orrin Hatchwho proposed to destroy the computers of users of P2P networks, and a few days later it was made public that his website allegedly infringed copyright rights).

Somewhat more complicated are actions that I would not know whether to presumably classify as attempted misappropriation, alleged extortion, or alleged… tough face like those of the SGAE, who, despite knowing that parody is an exception to the reproduction rights included in the LPI, demand payment from marcianos.net for the music of a “avertefué” flash animation that is an obvious parody; those who try to charge a fee for public performance in benefit concerts; who have been brought to court 15 times for raising money (more than 12 million euros) against the author’s will, and for abuse of a dominant position…

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As you may have seen, the law has many nuances, but what is clear is the constant attempt to manipulate citizens and public opinion in general by all these “little saints” mentioned, who try to convince us that we are all “pirates”. The war was started by them. They call it “preemptive attack”. Now it’s up to us to “unmask” the real hypocrites. This is what they get for starting a war in territory they don’t know: the internet.

legal notice : This article is an ironic humorous satire of the legal situation caused by the Intellectual Property Law, and by the entry into force of Organic Law 15/2003, with no other purpose than the strictly humorous one. Unfortunately for everyone, they are passing