Gobierno (SGAE) VS Internet
Juan Rivero diciembre 1st, 2009
Los ánimos están caldeados. Como pone de manifiesto Ramón Muñoz del diario el País el Gobierno ha introducido la modificación de la Ley de Servicios de la Sociedad de la Información (LSSI) y La ley de Propiedad Intelectual (LPI), depués de que el Viernes se aprobara el anteproyecto de Ley de Economía Sostenible, donde el Gobierno en el texto publicado después de la rueda de prensa no comentaba nada acerca de la propiedad intelectual.
El enfado proviene en la introducción en la LSSI de la “salvaguarda de los derechos de propiedad intelectual” por el que el Gobierno podría directamente restringir e “interrumpir” el acceso a una web. Esta salvaguarda está uniéndola directamente con otras como “la salvaguarda del orden público, la investigación penal, la seguridad pública y la defensa nacional; la protección de la salud pública; el respeto a la dignidad de la persona y al principio de no discriminación, y la protección de la juventud y de la infancia”. Asimismo otorga a los “órganos competentes” la capacidad para requerir a los operadores los datos que permitan la identificación de quien esté realizando la conducta vulneradora.
Ojo porque como bien comenta Julio Alonso esta salvaguarda podría ser ejecutada no por un juez, sino por la comisión segunda de la comisión de Propiedad Intelectual, y aunque el Gobierno diga que va sólamente en contra de las webs de descargas, esto es sólo el principio para el ataque por otros frentes, no hay más que darse cuenta de lo que está pasando actualmente en nuestro país vecino:
Vía el diario online nouvelobs.com vemos como en las últimas semanas se está produciendo una lluvia de críticas cada vez más violentas: “es el peor invento jamás creado”, “asilo de información robada” son sólo alguna de las lindeces que políticos e intelectuales no dudan en afirmar.
Según el diario “para una parte de la clase política, pero también en nombre de intelectuales, Internet, esta fábrica de polémica, representa una catástrofe. Para ellos internet representa la tiranía de la opinión. No contentos de ser el brazo armado de la piratería, y se ha convertido en un nido de escándalos.”
Aunque entre todas las afirmaciones me quedo con la de Nicolás Sarkozy que resume el nerviosismo palpable del poder frente al altavoz que supone internet para el ciudadano, “veo claramente los excesos que puede conducir una democracia de opinión desbocada, lo vivo todos los días..”
Reacciones en la web:
Movimiento en Twitter: Si quieres un debate público entre la ministra González-Sinde y un internauta, reenvía tu petición a @desdelamoncloa #debatesinde
Manifiesto “En defensa de los derechos fundamentales en internet”
Enrique Dans, Involucionismo digital, la vergüenza de la democracia o el gobierno de Los Otros
RTVE, El Gobierno ‘cuela’ en la Ley anticrisis la legalización del cierre de webs de descarga
Pedro J. Canut, Anteproyecto de Ley de economía sostenible | Disposición Final Primera
Julio Alonso, Antes sin música y cine que libertad
ADSLZone, Sebastián recibe a los autores con 2500 firmas y no a los internautas con 275000
El País, El Gobierno permite que se corten servicios de Internet por la ‘piratería’
Derecho de internet, Idiotas, hablando con propiedad
Actualización a 1-12, Manifiesto “En defensa de los derechos fundamentales en internet” hecho por 40 blogueros y periodistas:
Ante la inclusión en el Anteproyecto de Ley de Economía sostenible de modificaciones legislativas que afectan al libre ejercicio de las libertades de expresión, información y el derecho de acceso a la cultura a través de Internet, los periodistas, bloggers, usuarios, profesionales y creadores de Internet manifestamos nuestra firme oposición al proyecto, y declaramos que:
- Los derechos de autor no pueden situarse por encima de los derechos fundamentales de los ciudadanos, como el derecho a la privacidad, a la seguridad, a la presunción de inocencia, a la tutela judicial efectiva y a la libertad de expresión.
- La suspensión de derechos fundamentales es y debe seguir siendo competencia exclusiva del poder judicial. Ni un cierre sin sentencia. Este anteproyecto, en contra de lo establecido en el artículo 20.5 de la Constitución, pone en manos de un órgano no judicial -un organismo dependiente del ministerio de Cultura-, la potestad de impedir a los ciudadanos españoles el acceso a cualquier página web.
- La nueva legislación creará inseguridad jurídica en todo el sector tecnológico español, perjudicando uno de los pocos campos de desarrollo y futuro de nuestra economía, entorpeciendo la creación de empresas, introduciendo trabas a la libre competencia y ralentizando su proyección internacional.
- La nueva legislación propuesta amenaza a los nuevos creadores y entorpece la creación cultural. Con Internet y los sucesivos avances tecnológicos se ha democratizado extraordinariamente la creación y emisión de contenidos de todo tipo, que ya no provienen prevalentemente de las industrias culturales tradicionales, sino de multitud de fuentes diferentes.
- Los autores, como todos los trabajadores, tienen derecho a vivir de su trabajo con nuevas ideas creativas, modelos de negocio y actividades asociadas a sus creaciones. Intentar sostener con cambios legislativos a una industria obsoleta que no sabe adaptarse a este nuevo entorno no es ni justo ni realista. Si su modelo de negocio se basaba en el control de las copias de las obras y en Internet no es posible sin vulnerar derechos fundamentales, deberían buscar otro modelo.
- Consideramos que las industrias culturales necesitan para sobrevivir alternativas modernas, eficaces, creíbles y asequibles y que se adecuen a los nuevos usos sociales, en lugar de limitaciones tan desproporcionadas como ineficaces para el fin que dicen perseguir.
- Internet debe funcionar de forma libre y sin interferencias políticas auspiciadas por sectores que pretenden perpetuar obsoletos modelos de negocio e imposibilitar que el saber humano siga siendo libre.
- Exigimos que el Gobierno garantice por ley la neutralidad de la Red en España, ante cualquier presión que pueda producirse, como marco para el desarrollo de una economía sostenible y realista de cara al futuro.
- Proponemos una verdadera reforma del derecho de propiedad intelectual orientada a su fin: devolver a la sociedad el conocimiento, promover el dominio público y limitar los abusos de las entidades gestoras.
- En democracia las leyes y sus modificaciones deben aprobarse tras el oportuno debate público y habiendo consultado previamente a todas las partes implicadas. No es de recibo que se realicen cambios legislativos que afectan a derechos fundamentales en una ley no orgánica y que versa sobre otra materia.
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