the misnamed " rate Google " which actually comes to be another canon like that of the SGAE but this time promoted by the associated media CEDRO, and which will charge AEDE, a management entity, also private, have not stopped criticizing a new system that goes against everything that means the Internet.
The project of partial reform of the Law of Intellectual Property approved by the Council of Ministers on Friday, February 14, 2014, to include at the last minute a modification of article 32.2, referring to citations and reviews, to include the creation of an inalienable right by " non-significant fragments of contents " published by electronic aggregation service providers. The holders of the right may receive a fair compensation that will be effective through the management entities.
The owners of the media, the majority associated in AEDE just after approving the draft, made it clear where this law was going: that Google should compensate them financially for linking them because of their Google News service (which adds headlines). The isolated word search services included in the content will not be subject to authorization or compensation, that is, Google will not have to share the advertising revenue if the appointment appears due to the search for a word.
Something that any medium , you too, can easily block using a simple rule in your robots.txt file, traditional media, before the debacle of your business against the Internet, have become a global problem category.
What is the right of appointment?
Both from the Government and from the publishers, it has been sold that this new article is to adapt the function of "press clipping" or summaries of press to the digital era. Certain companies carry out press summaries for their clients in which complete news is shown. Publishers have traditionally received remuneration for this. By adding the exception of the citation and the review, the project tries to equate to a press summary the links and the accompanying texts (snippets) that is, the " non-significant fragments of content ".
If this is only for Google News … why have internet activists been so nervous?
This law is not limited to a commercial problem between Google and the publishers of AEDE but it affects the entire Internet as projects based on collaboration . To the very nature of the network, which has always been free to link and use fragments; to human behavior itself in its cultural actions of sharing and disseminating information.
In short, it is an appropriation of procomún that affects fundamental rights . This law endangers all free culture, of which Spain is one of its main drivers. Spain has been for years one of the world leaders in the adoption of Creative Commons Licenses for Internet content. In 2010, there were about 10 million works in Spain with this type of license.
The media themselves will also be harmed since they limit their future in terms of the creation of new services and products that allow improving their current content products. The media within a decade will be very different from the current ones. This law can put a brake on the development of new business models and can lead to the closure of innovative companies and local Internet startups such as Menéame .
] In the new ecosystem, users are not informed by a single source, but they go through the internet to look for information. Both outside and inside traditional media. In this sense, social networks such as Twitter and Facebook have become the great gateway to traffic to media and blogs around the world. Currently Twitter works as a news aggregator something that also aspires Facebook .
The attempt by AEDE publishers to restrict the exchange of content on the Internet will damage his strategy of increasing the number of readers by the loss in terms of image and credibility, prestige and rigor that they claim to have . At the moment, there is already a extension for the browsers Chrome and Firefox that allows users to block access to all online media associated with AEDE and a script for browsers that highlights in red the links to these media on the Internet.
This problem transcends the entire Internet and will mark progress and innovation in Spain both from the media itself and from the rest of the sector. Projects such as mobile applications Zite and Flipboard or social networks such as Facebook and Twitter will be seriously compromised in Spain. Also applications like RSS readers some types of URL shorteners and other innovative services to be developed in the future.
In fact, the media itself also they make a function of aggregation that complies with the precepts of the articles of the bill. At the bottom of their news they have related news modules in other media that add content from third parties.
And what will happen to media and blogs that do not belong to AEDE or CEDRO or publish with copyleft licenses? Being an unrenounceable right, despite not being a member of AEDE or even having a license to use copyleft in a blog, which in advance allows the dissemination and complete communication of journalistic works, the management entities, in this case CEDRO, they have the capacity to raise in their name.
And in WordPress? What do we do with our blogs?
Well actually this new canon affects us all, and we can be fined by " fragments not significant media " if we put appointments of digital newspapers members associated with AEDE.
If you want to be an activist against this measure, the people of FonteThemes have created a plugin Canon AEDE which blocks any link or reference to the means of the list of associates to AEDE / CEDRO .
This, which can be a radical measure, is one of those that provoke changes because only in the first stakes of the blocking campaign on the part of Internet users there has already been a significant reduction in traffic to those media.
In addition, netizens and media not associated with this coercive measure of freedom in Internet have signed a statement , this:
JOINT DECLARATION OF THE NETWORK AND THE CULTURAL AUTHORS ON THE PROJECT OF REFORM OF THE INTELLECTUAL PROPERTY LAW
On February 14, 2014, the Council of Ministers approved the draft reform of the Intellectual Property Law (text published in the BOCG on February 21)
This draft law, archaic in its conception, cuts many rights in Spain, affects very negatively to broad sectors of society, endangers free culture and questions the functioning of the internet limiting the appointment and the link to a purely mercantile activity.
This has generated an immediate and almost unanimous rejection from all possible areas for the reasons that we summarize briefly below.
- The protection of property intellectual on the Internet is not guaranteed by imposing fees or arbitrary fees. For the sake of the Spanish economy, the sustainability of digital creators as a whole must be guaranteed, not only on one side. A sector develops by promoting new digital business models instead of destroying them. Any right is born of the dialogue between all the affected parties.
- The Spanish Constitution establishes, in its article 20, the fundamental right "to communicate or receive truthful information freely by any means of diffusion", which must be combined with any property right but never annul it.
- Additionally, this law curtails other fundamental rights, affects essential democratic values and limits free access to information and culture . Ignores the declaration of Human Rights, violates constitutional rights such as freedom of expression and free creation, violates the secrecy of communications, is a direct attack on the neutrality of the network and does not respect a basic individual right: that everyone offers his work under the conditions he deems appropriate.
- The figure of the "inalienable right" derived from quoting texts on the Internet would affect without exception all the creators and would prevent them from voluntarily waiving that right. This will seriously endanger the Creative Commons licenses, widely extended and that currently offer legal coverage to the copyright of a very significant part of the contents of the Network. We are facing an imposition of the "copyright" on the supporters of the "copyleft" " violates collective rights and interests instead of guaranteeing them and favors the collection to be concentrated in very few hands.
- Far from being a threat, the news aggregators and other digital tools that link and quote to the origin medium, such as search engines, social networks or blogs, favor free citizen access to information and generate a large traffic to the media. In addition, being the right of appointment the essence of Journalism, this law threatens its exercise frontally. Criminalizing links generates a legal uncertainty that questions the fundamentals and the use of the internet . Guarantee, respecting rights, benefits everyone: users, tools and media.
- The misnamed "Google rate" has been driven only by a part of the group of publishers, integrated into AEDE. Other associations and publishers oppose this measure. AEDE should consider the economic consequences that its partners will have to leave the indexers and the disastrous consequences for their employees, such as wage cuts and job losses. This canon of AEDE will further increase the precariousness of a sector tremendously punished by the crisis.
- The entry into force of this Law is a additional rate for knowledge . The rights management entity CEDRO currently collects from professionals throughout the education system. The new law establishes that the Universities pay also for the contents that the professors publish for their students, and that until today they were receiving Creative Commons licenses. CEDRO will collect in a monopoly regime a fee of 5 euros per student. We consider this an attack against Education, research and academic texts, which will be governed by "copyright" instead of being public domain.
- This canon, charged to the General State Budgets and amount not determined by law, acts to the detriment of the just reward to the authors and supposes a covert subsidy to the editors, to whom the art. 2 of the 2001 Intellectual Property Directive DOES NOT INCLUDE as beneficiaries of intellectual property rights, and that despite this, 45% of the collection of CEDRO is carried. It is significant that the drafting of the law refers only to the "cultural industries" explicitly ignoring "the authors", aggravating a situation that already began with the loss of journalists' rights in favor of the editors for the preparation of " clippings "(press summaries)
- The right to private copying is eliminated" de facto ", linking it to the physical copy of a physical medium, practically non-existent practice in the digital age. The private copy of a work is a legitimate use that existed before the internet and will continue to exist after this reform. Taxing private copying with a canon is equivalent to imposing a preventive fine on each citizen before a hypothetical criminal use, even if it never happens. Criminalizing the consumer for tax purposes is not the way.
- Measures to control "piracy" that endanger the very essence of the network must not be supported. Opposing these measures does not imply endorsing the caricature of "everything for free". It is necessary to develop a new framework for the protection of the cultural industry that takes into account the particularities of the digital era and serves as the basis for this type of legislation: to promote the practice of culture by offering economic compensation to authors.
- This reform should include accompanying measures that support the development of new business models based on the internet, as well as the improvement of existing ones. Failure to do so will harm the innovation of the affected sectors and perpetuate a model of cultural distribution and access to information that is manifestly outdated.
- This reform of the LPI appears to be the product of a corruption dynamic between lobbies and political power evidenced by the recent release of directors in the main national newspapers and the staging of the reform of the law by presenting it with a photograph of the president of the AEDE together with the vice president of the Government. This puts some and others under suspicion, if we consider the proximity of electoral processes.
The reform of this law, as it has been written, is doomed to failure and we predict it to be very short. , because it does not fit the reality nor does it cover the needs of the sectors and agents involved. It is a brake for the development of free culture and industry, unaffordable in times of economic difficulties, in which it is necessary to prioritize innovation and favor the emergence of new emerging markets, in which Spain demonstrates enormous potential.
In addition, it contains innumerable ambiguities and vagueness, which a law of this scope can not afford, since it opens the door to a discretional application and serious unwanted side effects.
For all these reasons, we urge the Government to reconsider and withdraw this reform and open with all sectors affected the dialogue that these claim for months to provide more appropriate solutions to the new reality posed by the digital society.
At the same time, we call on the whole society to participate, contribute, engage and disseminate the rejection campaign to #CanonAEDE spreading both this statement and its actions, actions and initiatives.
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