IS THAT NO ONE IN THE SPANISH PARLIAMENT TO KNOW RIGHT?
This is not the "post" I wanted to write, not right now or ever. I write a button fly, so to speak, but not lightly. PP pact with the PSOE on the closing page "website" has been achieved, it is true, increase slightly guarantees regarding the primitive text sponsored by the PSOE. But the result, in addition to not satisfying enough in its interest to authors and almost no "surfer" is a rehash formal and material unfortunate consensually adopted in haste, a circumstance the less suitable for regular formal and material decency a matter as important and complex. It is an area for new and modern legislation on intellectual property, as initially pointed the PP. Replace this legislation by an aberrant amendment agreed to the Economy Act (In) Sustainable is execrable. And it appears that in my life I downloaded free of anything network.
Formally, this is gibberish with three or four partial reforms of laws, with the old smell of tar the stripe in our old roads. Materially, maintains (more: reinforced) an administrative authority as a body with primary responsibility for property, even if it is a special property, intellectual. This is, in my opinion, a very large and basic error, politically and legally unacceptable. The Ministry of Culture and any other ministry, whatever it is called, should not be proclaimed main vigilant to safeguard the right of ownership, or intellectual or any other kind of property, invented or invented. The Commission on Intellectual Property, registered in the Ministry of Culture, or any other law is an absolute monster on the same path of neo-Nazi cutting administrationalisation (administrationalisation so pleasing to the PSOE, which also has always been curtailed and obstruct justice as it can given serious and independent judges). Do not exaggerate anything in the "cut neo-Nazi": A similar situation took part, with books that demonstrate the history of Germany, Third Reich.
The height of illiteracy is that the initial judicial security to be introduced requiring identification. See what the monster says:
"In order to identify the responsible service of the Information Society that is allegedly infringed by the conduct may to require providers of information society the transfer of data to such identification to enable him to appear in the proceedings . This requirement require prior judicial authorization in accordance with the provisions of paragraph one of Article 122bis of the Law Governing Contentious Administrative Jurisdiction. Once the authorization, providers will be required to provide the data necessary for out identification. " (emphasis added).
Ladies and gentlemen, get out to the Insula Barataria legislation, or rather the island of Cabrera, more specific and localized, because to establish laws in a country of importance , as Spain remains (although DVDs, ladies and gentlemen), do not serve Vds. . Vds. say that judicial authorization is necessary to require when to simply require a notary or, cheaper, with a burofax. Because require is ordered with some vehemence : nothing more. It turns out that if the Court of Administrative Litigation order authorizing , the effect is not able reasonably ask, but be required to agree to what is requested by the Administration . Instead of that kink, could not they have established that Members be encouraged or asks the court injunction demanding, it is clear that such requests were justified addressed to Judge? Could not they have required the judge who was required? They could, but most likely not know or, what would be even worse, they wanted the subject of alleged violator of the property is an administrative authority, which constitutes a legal perversion special class.
Moreover, Members of the PP, by chance, think DVDs, so far as supporters of judicial intervention, which is an administrative procedure the first channel to legitimately react against the alleged violation of the property? Is it not a judicial process (civil), with interim measures and preliminary measures, civil proceedings quickly, the appropriate channel to a controversy over the property? If you ever had clear this basic idea, without which there can be no law degree by the "Bologna plan, now is they have lost any clear legal idea. Replace a process with all the guarantees for a prior judicial authorization is absolutely lacking science and experience.
If the holder of a Court of Administrative Litigation Law knows something and does not want to make carnival of the Administration will not grant authorization, either at the outset or later, if you are not convinced that the alleged infringer property it is very likely (initial approval), and then that it is certainly (authorizing " measures to interrupt the provision of a service the information society that violates intellectual property rights or to remove content that violates the above rights. ") Moreover, Judge decent not solve without hearing the" concerned "about the issue of ownership because , although the law does not say so, says an indisputable general principle of law. so, they DVDs, ladies and gentlemen, an elementary parallel judicial process to administrative procedures. And if the owner of the Court of Administrative Litigation turns out, in Instead of a genuine and dignified judge, a mere servant complacent, respectful superiority, their authorization shall not constitute a guarantee some.
Moreover, Members of the PP, by chance, think DVDs, so far as supporters of judicial intervention, which is an administrative procedure the first channel to legitimately react against the alleged violation of the property? Is it not a judicial process (civil), with interim measures and preliminary measures, civil proceedings quickly, the appropriate channel to a controversy over the property? If you ever had clear this basic idea, without which there can be no law degree by the "Bologna plan, now is they have lost any clear legal idea. Replace a process with all the guarantees for a prior judicial authorization is absolutely lacking science and experience.
If the holder of a Court of Administrative Litigation Law knows something and does not want to make carnival of the Administration will not grant authorization, either at the outset or later, if you are not convinced that the alleged infringer property it is very likely (initial approval), and then that it is certainly (authorizing " measures to interrupt the provision of a service the information society that violates intellectual property rights or to remove content that violates the above rights. ") Moreover, Judge decent not solve without hearing the" concerned "about the issue of ownership because , although the law does not say so, says an indisputable general principle of law. so, they DVDs, ladies and gentlemen, an elementary parallel judicial process to administrative procedures. And if the owner of the Court of Administrative Litigation turns out, in Instead of a genuine and dignified judge, a mere servant complacent, respectful superiority, their authorization shall not constitute a guarantee some.
And colleagues say: you spent private property (because the intellectual property, time, is still private property) the field of Administrative Jurisdiction? seems so, but the monstrous creature legal political intercourse engendered in so abrupt that still recognizes any attribution to the civil jurisdiction: to review arbitration decisions of the First Section of the Commission on Intellectual Property bastards. Members have looked foolish to size. After IP, may be primarily controlled by the urban real estate administration and rustic, that of certain property or industrial property. Nothing to go to the courts. It goes to the ad hoc committee created , within the administration (more charges, and carguitos carguetes , for friends and cronies ) and, if anything, the non-conforming uses the Administrative Courts. inri For there will still be among DVDs, ladies and gentlemen of the PP, who attributed liberal connotations to these changes.
For today, I will not extend much further. The PP, so proud in their pomp of last weekend, could not give a more complete sample and compelling mix of legal ignorance and political idiocy that runs his political action really relevant (also electorally) that is not its internal activities (meetings, statements, various public events), but of what they plan and do (or do not plan or do) by the English. DVDs, PP leaders who are so "ready" (as opposed to theoretical poor fools like me), have achieved in exchange for support for this unfortunate and calamitous improvisation, the PSOE stop insisting on any of its deplorable initiatives (to remove any planned or pre-law, of many that should go in the bin)? Do you have "placed" his someone in a chair vacant? Or is that the U.S. Ambassador is also too much pressure to Vds.?
note I was outraged, right? Is that I am, very much. These "legislators" pen fourth division, should retire now. No pension. Because if we were in ancient Athens, or drank hemlock or at least they played years of ostracism.
Subtitle A question, the answer to a huge NO. No one is left, or if there is someone, does not paint anything. course, come early elections, but, much more, the immediate dissolution of the Congress of Deputies and Senate . Dissolved the lower and upper houses, both very low, could give us time to renew. What really urgent is that these "leaders" do not keep sending papers to the Government Gazette. Not one more. If you bought go, Spain will regenerate itself. Word of honor.
PS. On the "Law Sinde" as adopted, see another post from this blog (direct link:
http://andresdelaoliva.blogspot.com/2011/02/por-que-es-totalmente- ley.html objectionable la )
PS. On the "Law Sinde" as adopted, see another post from this blog (direct link:
http://andresdelaoliva.blogspot.com/2011/02/por-que-es-totalmente- ley.html objectionable la )
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