Learn from the mistakes of others

June 27, 2006
Spain outlaws P2P filesharing
(Daily Variety Via Thomson Dialog NewsEdge)
MADRID

A Spanish intellectual property law has finally banned unauthorized peer-to-peer file-sharing in Spain, making it a civil offense even to download content for personal use.

The legislation, approved by Congress on Thursday, toughens previous provisions. An early May circular from Spain's fiscal general del estado, or chief prosecutor, allowed downloads for purely personal use.

Now Spaniards caught grabbing content from, say, eMule, will have to reimburse rights holders for losses --- although such losses will be difficult for authorities to track.

But the government is going after Internet service providers; it's a criminal offense for ISPs to facilitate unauthorized downloading.

The law also introduces a small tax to be levied on all blank media --- from a blank CD to mobile phones and even a memory stick. Computer hard disks and ADSL lines have been left out of the legislation despite their widespread use for illegally copying music and films. The money collected will be paid back to the owner of the copyright.

Spain's greater antipiracy clarity received a thumbs-up from the Motion Picture Assn.

"Compared to some European countries, Spain has some way to go in enforcement," said Duncan Hudson, the MPA's Brussels-based VP and director of operations for antipiracy, even though Spanish police closed 17 illegal Web sites in a nationwide raid April 8.

"But the new intellectual property law is a definite step forward, placing obligations for instance on ISPs to provide information. Hopefully, it will help us to get some injunctions," he added.

Spain's telco giant Telefonica reports 90% of usage on its broadband lines is Internet traffic, up from 15% five years ago. Of that 90%, a massive 71% is P2P traffic.

June 27, 2006
Spain outlaws P2P filesharing
(Daily Variety Via Thomson Dialog NewsEdge)
MADRID

A Spanish intellectual property law has finally banned unauthorized peer-to-peer file-sharing in Spain, making it a civil offense even to download content for personal use.

The legislation, approved by Congress on Thursday, toughens previous provisions. An early May circular from Spain's fiscal general del estado, or chief prosecutor, allowed downloads for purely personal use.

Now Spaniards caught grabbing content from, say, eMule, will have to reimburse rights holders for losses --- although such losses will be difficult for authorities to track.

But the government is going after Internet service providers; it's a criminal offense for ISPs to facilitate unauthorized downloading.

The law also introduces a small tax to be levied on all blank media --- from a blank CD to mobile phones and even a memory stick. Computer hard disks and ADSL lines have been left out of the legislation despite their widespread use for illegally copying music and films. The money collected will be paid back to the owner of the copyright.

Spain's greater antipiracy clarity received a thumbs-up from the Motion Picture Assn.

"Compared to some European countries, Spain has some way to go in enforcement," said Duncan Hudson, the MPA's Brussels-based VP and director of operations for antipiracy, even though Spanish police closed 17 illegal Web sites in a nationwide raid April 8.

"But the new intellectual property law is a definite step forward, placing obligations for instance on ISPs to provide information. Hopefully, it will help us to get some injunctions," he added.

Spain's telco giant Telefonica reports 90% of usage on its broadband lines is Internet traffic, up from 15% five years ago. Of that 90%, a massive 71% is P2P traffic.

Tuesday, June 27, 2006
Hicks lawyers may seek judicial review of UK decision not to press Gitmo release
Joe Shaulis at 1:55 PM ET

[JURIST] Lawyers for David Hicks [JURIST news archive; advocacy website], an Australian held by the US at the Guantanamo Bay detention center [JURIST news archive], may seek judicial review of the UK Foreign Office's decision not to petition the US for his release [JURIST report]. Hicks' Australian lawyer, David McLeod, said that another approach being considered is to press the Australian government into working for his release. Hicks faces a military commission on charges [PDF] of conspiracy to commit war crimes and attempted murder, but proceedings have been delayed pending the US Supreme Court's decision in Hamdan v. Rumsfeld [Duke Law case backgrounder; JURIST news archive], a case challenging the use of military commissions to try foreign terrorism suspects. A ruling could come this week.

Hicks, who was captured in 2001 while allegedly fighting with the Taliban in Afghanistan and has been detained at Guantanamo since then, won a court ruling [JURIST report] earlier this year entitling him British citizenship based on his mother's nationality. The UK has already secured the release of several other British citizens and is negotiating for the release of noncitizen residents [JURIST report], but said Monday that it will not press for Hicks' release as he was an Australian citizen when he was taken into custody.

In other reaction to Monday's decision, Amnesty International [advocacy website] expressed disappointment that the UK would not push for Hicks' release and blamed the Australian government [ABC report] for not doing enough. Hicks' father, Terry, also lamented [ABC report] the Australian government's handling of the case.

Australia's ABC News has more. The Sydney Morning Herald has additional coverage.

Tuesday, June 27, 2006
Hicks lawyers may seek judicial review of UK decision not to press Gitmo release
Joe Shaulis at 1:55 PM ET

[JURIST] Lawyers for David Hicks [JURIST news archive; advocacy website], an Australian held by the US at the Guantanamo Bay detention center [JURIST news archive], may seek judicial review of the UK Foreign Office's decision not to petition the US for his release [JURIST report]. Hicks' Australian lawyer, David McLeod, said that another approach being considered is to press the Australian government into working for his release. Hicks faces a military commission on charges [PDF] of conspiracy to commit war crimes and attempted murder, but proceedings have been delayed pending the US Supreme Court's decision in Hamdan v. Rumsfeld [Duke Law case backgrounder; JURIST news archive], a case challenging the use of military commissions to try foreign terrorism suspects. A ruling could come this week.

Hicks, who was captured in 2001 while allegedly fighting with the Taliban in Afghanistan and has been detained at Guantanamo since then, won a court ruling [JURIST report] earlier this year entitling him British citizenship based on his mother's nationality. The UK has already secured the release of several other British citizens and is negotiating for the release of noncitizen residents [JURIST report], but said Monday that it will not press for Hicks' release as he was an Australian citizen when he was taken into custody.

In other reaction to Monday's decision, Amnesty International [advocacy website] expressed disappointment that the UK would not push for Hicks' release and blamed the Australian government [ABC report] for not doing enough. Hicks' father, Terry, also lamented [ABC report] the Australian government's handling of the case.

Australia's ABC News has more. The Sydney Morning Herald has additional coverage.