The international Law to buy Property

The National Court has manifested for the first time in the challenge of an action by the Commission Sinde (Second Section of the Commission on Intellectual Property) in a ruling in which significantly limits the scope of the Law Sinde, as reported by Pablo Romero, from El Mundo .

The judges determine that you can not act exclusively against a web page of links, as an intermediary, but jointly when acting against "a person responsible for the information society service", referring to those who "make protected works available to the public" , those that reproduce or copy them, etc. "

The ruling therefore declares the "nullity of full right" of the proceedings of the Sinde Commission against "Quedelibros", page where users provide information on places to find books online. The lawyers of the case, Bufet Almeida, stated in the lawsuit that: "the only activity that makes the page 'Quedelibros.com' is to provide information about works that are on pages or other people's locations. It does not violate any right, on the contrary, it exercises its freedom to inform and disseminate culture. "

The judges explain that the procedure provided by the Law Sinde: " can not be formally addressed against intermediaries , notwithstanding that certain behaviors can be required to the latter in order to ensure the effectiveness of the measures that are finally adopted."

The ruling recalls that this administrative channel has been created for the restoration of legality and not with a sanctioning spirit in itself, and points out that action must be taken mainly against those services that host and distribute the content that infringes copyright.

"Therefore," the judges conclude, "we must come to the conclusion that the procedure set forth in art.158.4 of the Intellectual Property Law and developed by Royal Decree 1.889 / 2011, of December 30,  can not be addressed exclusively against the intermediaries , when it must be incurred by a person in charge of the information society service ".