In defense of the fundamental rights in Internet

In the day in which the government thinks to adopt a law that reduces the possibilities of Internet development, that is to say, that ad allows to a Commission hoc of the Department of Culture, to close webs without judicial previous order, me one to all that they repeat today the protest Manifesto of December 2, 2009. In the same dates I published a post (Doors for the field) reasoned inviting to reconsider the threat of the so called restrictive legislation “Law Sinde” that today comes to the Cabinet.

MANIFESTO

Before the inclusion in the Draft of Law of sustainable Economy of legislative modifications that they affect to the free exercise of the freedoms of expression, information and the right of access to the culture across Internet, the journalists, bloggers, users, professionals and Internet creators we show our firm opposition to the project, and declare that …

1. - The copyright cannot be located over the fundamental rights of the citizens, like the right to the privacy, to the safety, to the presumption of innocence, to the effective judicial tutelage and to the freedom of expression.

2. - The suspension of fundamental rights is and it must keep on being an exclusive competition of the judicial power. Not even a closing without judgment. Ete draft, against the established in the article 20.5 of the Constitution, puts in hands of not judicial organ - an organism dependent on the department of Culture - the power to the access to any web page prevent the Spanish citizens.

3. - The new legislation will create juridical insecurity in the whole Spanish technological sector, harming one of few fields of development and future of our economy, obstructing the business undertaking, introducing hobbles to the free competition and slowing down his international projection.

4. - The new proposed legislation threatens the new creators and obstructs the cultural creation. With Internet and the successive technological advances there has been democratized extraordinarily the creation and emission of contents of all kinds, which do not come already prevalentemente from the traditional cultural industries, but from multitude of different sources.

5. - The authors, like all the workers, have right to live of his work with new creative ideas, business models and activities associated with his creations. To try to support with legislative changes to an obsolete industry that he cannot adapt himself to this new environment is neither just nor realistic. If his business model was basing on the control of the copies of the works and in Internet it is not possible without damaging fundamental rights, they should look for another model.

6. - We think that the cultural industries need to survive modern, effective, believable and accessible alternatives and that are adapted to the new social uses, instead of limitations as disproportionate as ineffective for the end that they say to chase.

7. - Internet must work of free form and without political interferences protected by sectors that obsolete business models try to perpetuate and disable that the human knowledge keeps on being free.

8. - We demand that the Government should guarantee for law the neutrality of the Network in Spain, before any pressure that could take place, like frame for the development of a sustainable and realistic economy facing the future.

9. - We propose a real reform of the right of intellectual property faced to his end: to return to the society the knowledge, to promote the public domain and to limit the abuses of the managing entities.

10. - In democracy the laws and his modifications must be approved after the opportune public debate and having consulted previously to all the implied parts. It is not of receipt that there are realized legislative changes that they affect to fundamental rights in not organic law and that it turns on another matter.
SIGNED:
Enrique Meneses

Interview of Tony Garrido of RNE with Nacho Escolar, editor of the Manifesto on the law project.

Why cannot it gain Rajoy

It is not difficult to tell why Mariano Rajoy is a prisoner of his own contradictions. Do not think about the slander that supports that it is not known when a Galician raises or lowers a stairs. Only think about the quandary in which it shut itself up already many years ago. As Vice-president of José Maria Aznar during the government of the People's Party, has tried to be supported to the margin of the bragging of spoiled child of his chief. A threatening ring finger had never seen in an opposing eternal Rajoy tribune of the XIXth. But many sympathizers with the PP, think that it is missing "testiculina" in the direction of the party. Perhaps him on to Hope Aguirre.

When he says the PP that is ready to substitute “Bambi“, it does not exhibit us which there are his recipes to extract Spain of the crisis. Few ones believe that it would be imprudent to discover his “weapon of massive salvation” for fear of that there copies a Spanish socialist party lost in the darkness of the Averno, giving blind person sticks to the piñata. This weapon must only see the light of the day when the enemy is well defeated. The bad thing is that Aznar did slightly similarly with our intervention in Iraq and we already see that it is the only one that is still thinking about being right. Most of the Spanish we think that like gambler of the Mississippi, José Maria did not have it does not even have price. To Marian it is discovered what he hides in the elusive smile after the old age of his beard. Rajoy is shouting, without it wanting: "Gentlemen …: That only I know that I do not know anything!”

Meanwhile, Hope Aguirre wakes up again. The recent appearances of José Maria Aznar in the mass media, they have returned it to the "pro-independence" activism. He reminds me to the governor George Wallace of Alabama in front of the entry of the University of Tuscaloosa, ready to prevent from registering Vivian Malone, the first black woman who was trying, in that State, to form in a center exclusively for targets. Nicholas Katzenbach, assistant of the Minister (Attorney General) Robert Kennedy, extracted of his pocket a document signed by the President of the USA John Fitgerald Kennedy: Order of mobilization of the National Guard of Alabama. One hour to change the blue uniform to him into the khaki of that of the G.I. And there it concluded the soberanismo of this state. Why do not we have similar laws when some Francisco Camps wants to impose classes of citizenship … but in English or Hope Aguirre pushes back the increase of the VAT or the law of the Tobacco? Are we in a Confederacy of the Autonomic States?

Education and Health must not be in hands of the Autonomies because the totality of the citizens they must have the same opportunities. All the Spanish have right to go out from the same exit line, in the career of the life, on equal terms. Then that everyone comes where his capacities, will or talent allow them. Certainly, I had understood that alone Felipe González had nationalized a sector after his victory of 1982: the electrical national network. The private companies would pay the corresponding cánones so that the State was supporting it in conditions. Perhaps the Catalan soberanistas had saved the current displeasures. There is still the one who says that, necessary, the private thing works better. They do not learn the lesson.

When Rajoy sees that he is fine the surveys, one believes that it owes to his statesman's qualities. He believes that following same mantra of lowering taxes and flexibilizar the labor contracts, it will finish with the unemployment. It does not admit that, since two years are missing to go to the urns, the pissed off Spanish amuse themselves meanwhile kicking in the bottom to ZP. The bad thing is that Rodríguez Zapatero, for fear of seeming "red", does not face the bankers who, instead of giving credits to the Pymes, take the cheapest money, with guarantees of the State, to go to buy Bonds of the same State that 4 % rents. Long ago that we were recommending many to ZP to grant credits straight to those who need them promptly to revive the economy. The same Felipe González was saying on March 12, in the Sevillian Congress of the Spanish socialist party, that 44.000 bank divisions are not necessary to grant the credits to the small and medium companies. That record the bank employees retired to do the work of control and attention to the interested parties.

Rajoy does not teach his letters because only it has those that the whole world knows: to low the price of dismissal and to lower taxes. Namely “that the market regulates for itself”. Does it they sound? It does not have any more recipes, anything that to offer that it has not been experienced in other countries with governments of rights and lefts. It is an empty balloon that all the sympathizers with the PP silence for the sake of the sacred unit of the pineapple. But skylight, Aznar comes setting to his country to go down a donkey and the "separatists" like Hope Aguirre and Francisco Camps, they are waved and clutch the weapon soi-disant against Shoemaker but, in fact, against the eternal elections loser: the tr: buno ochocentista Mariano Rajoy.

Pensions: The ZP ordeals

It has been an error to put on the carpet the topic of the pensions in this moment because, soi-disant, in twenty years we will not have enough money to pay them. ZP has wanted to feign decision in the change of course to calm to the elite of the world conservatism. And it allows to sit down next to the Greek representative as if he was confessing that after the ordeals of Giorgos Papandreu, theirs were putting in danger the credit of the Kingdom of Spain.

The aptitude to explain the things is called a communication. José Luis Rodríguez Zapatero has lost the aptitude to convince because only he listens to what the PP says to contradict him instead of listening to the progressive people of this country. If some members of his party prepare him argumentarios, it seems to give them little or no attention.

We are going to see: In a decade we have happened of being 40 scarce millions to 46 million inhabitants. We have 4, 3 millions of stopped that, following the system of work of the EPA are declared unemployed men. The surveys of any topic, they usually reflect a more or less big percentage of errors according to the questions that rise the people to themselves. No man is going to declare his sexual powerlessness and as it does not come to any urologist or sexólogo, the error grade is much higher than the one that the encuestadores confess. Asked about the encuestador, is the family or the proper "unemployed man" going to confess that it is working secretly? There are the people who works for his account, charging without VAT and completing this way the unemployment or any other existential help.

Theoretically we have a number of stopped low to that of immigrant population who has raised 46 million the inhabitants of this country. Also we have gone on from 16 million assets to 22 millions. In a previous post I have spoken about the thickness difference in France and in Spain. To have the thickness of France (of extension similar to that of Spain), we would need 109 inhabitants for kilometer squared instead of the 91 that we have at present. Thus we would have 55 million inhabitants. Against what they preach the xenophobic ones, we need 9 more millions of immigrants or births of indigenous.

If before the crisis, the pensions had a juicy reservation of euros, when it turns the growth of the Spanish and general economy, we will return to saving valuations to protect the pensions beyond 2030. But it is so profitable to put fear of the grandpas! The People's Party goes for all. He is not interested in the Moncloa for 20 years … ALREADY wants it! …: “To fuck what troop!” (M.Rajoy dixit)

Discarded like problem the urgency of raising the retirement age from 65 to 67 years: When Josá Luis Rodríguez Zapatero is going to realize that what yes is urgent is that his government grants straight the credits to the small and medium companies that not only they do not dismiss but they offer work to one or two new employees at least. In 2008 we had 3.414.779 small and medium companies understood between 0 and 249 wage earners. (Central directory of Empresas-DIRCE) The micro-companies represent 94 % of the labor mass, the kidling 5 % and the median 0,7 %. Whole 99,7 % of the Spanish labor mass. To deal with reactivating the sector of the motorcar, that of the banking or that of the telecommunications is important but we see that the small businessman, to whom the financial institutions deny credits, is most qualified to absorb stopped.

Journalists or tremendistas?

There is incredible the number of Spanish journalists that is thrown to the swimming pool without verifying if it has water or is empty. Before reading the foreign press and extracting conclusions on the vision that is had there of a situation that us atañe we have already thrown holders overloaded with ideology and especially alarming. We have been satisfied with throwing a glance to what the rivals are going to title and, if it is possible to put a little more of tremendismo that they. The moral of “from that it comes the wolf …” does not owe already to tell the children, it is not part of the infantile education. At least the young journalists do not remember it.

It comes to story this talk because in Spain, some of them have interpreted it not arrival of Obama in May to the Summit the USA - EU like one ignored Shoemaker. The White House has declared that it was not foreseen it will come to the summit for his loaded agenda. The Americans think that his priority is Asia after having realized good number of trips to Europe in his first year of order. For the crisis, the American press thinks that the European Union is an essential ally. USA is necessary to come to some press to make responsible Shoemaker of the absence of the American president in the summit - EU.

In the Spanish press, the thump of the Ibex in the Spanish Stock Exchange, assumes to the previous announcement to Booty of the profit of the Santander for 9.000 million euros in 2009, considering it to be obscene. What does he say “I peeled Him” about Paris?: “The financial markets attack to the euro and threaten the [economic] recovery. Fall of the Stock Exchanges, strong tensions on levels of interests and on the currencies: the financial markets again in crisis. The Stock Exchange of Paris has opened with a strong fall, on Friday, the 5th of February, after having lost 2,75 % on eve. “They marchés financiers attaquent l'euro et menacent the reprise. Shot give Bourses, fortes tensions south they taux d'intérêt et south they devises: they marchés financiers sont to nouveau in crise. The Bourse of Paris to ouvert in forte baisse, vendredi 5 février, après avoir déjà perdu 2,75 % the veille.”

This text is the one that will go out I peeled in Him of tomorrow on Saturday, at present during dressmaking. In his Publishing house: "The irresolute euro” says: "Europe has committed, at least an error. Not to have examined closely the public accounts of the Member states, especially those of the Euro area.” (“Europe to au moins commis joins erreur. Ne pas regarder d'assez près Celle comptes publics give Etats membres, notamment ceux of the zone euro.“)

“To give cane to the government” is a guessed right recommendation of the educations of journalism but much more important it is to learn French, English and some language more like German or the portuguese and Italian – although these two last ones, for his closeness with Spanish should not need too much effort. Before the famous Italian saying “Piove (rains) …: porco governo!” it is necessary to examine how the companions of the foreigner have seen an information so that we do not interpret topics of international relevancy in national key.

One of the manias of our current press is to compare the economy with the sports. We happen a few years ago of being the champions of the European growth thanks to the hipertrofiada production of housings, which were adding so many people like the whole rest of the EU of our ranking, to be now the last ones to go out of the recession. There be fixed the trip that we have done in 2009, last available information: For trimesters,-1,6/-1,1/-0,3/-01 a constant progression from the first trimester of 2009. The United Kingdom has done +0,1 in IV trimester (The Country, Saturday, the 6th February). The logical thing is that Spain spends the barrier to put itself in positive in the trimester in which we are.

In Stampa de Torino, the Nobel Prize of Economy 2001 Joseph Stiglitz has declared “They do money on the disaster that they have created themselves”. And he adds: "the big finance uses the low interests to speculate”. Does it surprise us that a Bank of Santander appears with benefits and 9.000 million euros in 2009? Everybody remembers how George Soros gained a fortune playing against the Pound sterling. In this moment, the foible of the Euro is not Spain but Greece. On the other hand Stiglitz wonders why it does not give the BCE to the Governments instead of being big enough to the banks. Another interesting point is his insistence in which the deficit is not the most important problem that has a country. There are other factors that must worry more.

Against the disqualification of the Judge Waiter

For his interest, and with authorization of Rosa Maria Artal, his authoress, I reproduce this post that they can continue in his blog

The Periscope.

“With enormous worry we contemplate many the process that can lead to the disqualification – between 12 and 20 years - of the Judge Baltasar Garzón for supposed corruption in the cause that initiated against the crimes of the Franco period. The instructing judge of the Room of the Penal of the Supreme Court has pushed back to file his case and the General Council of the Judicial Power has initiated the steps to separate to the magistrate of his charge like precautionary measure.

In 2008, the Committee of Human rights of the UNO recommended to the Spanish State the abolition of the preconstitutional Law of Amnesty of 1977, invoked in the corruption. Numerous countries have revoked along his History his laws of the impunity dictated in moments of pressure and have prosecuted culprits of coups d'état and subsequent dictatorships – it is the case of the law of “Final Point” in Argentina, between others-. In Germany that, much further of a civil war, endured the causative dictatorship of a world contest, his strict laws would prohibit formations extreme right-wingers as that have presented the complaint against Waiter and have been listened. Any comprehension of the Nazism is punished by jail in Germany.  (…)”

This blog adheres to initiatory all that they are taken in defense of the judge who chased the GAL but also it has fought untiringly against ETA and his environment, it discovered the corruption of lefts and of rights. With 15 years, I was present at the judgment of my father in that a pro-Franco Military Court was asking for death penalty against he and another dozen of accused. His crime: to have been a civil Segóvia governor when Alejandro Lerroux was a Prime minister of the Republic up to the victory of the Popular Front in February, 1936. My father was liberated two years after his arrest. There was returned him neither his Agency “World Press” nor his radio program “Newspaper Hablado of Europe”, both destined for the Latin-American mass media. He died without his agency returning. Survivor and witness, Carles Sentís, monument of the Catalan journalism that today can still testify all that I have just exhibited because it was part of that writing of the rue of the Paix, in the Paris occupied by the barbarism Nazi, along with Juan Bellveser, Alvaro de Laiglesia and Julián Cortés Cabanillas.

Anecdotes of an "Apartheid". Dedicated to Order it

In August, 1956 and February, 1975 I traveled these two times to South Africa. In the first occasion, the "Apartheid", what the supremacistas were naming “developed separately” of the white and black races, it had 8 years of existence. In the second occasion, with “The Reporters” of channel TVE, the segregation was already entire. Beaches, taxis, buses, restaurants, hotels, quarters, the separation was absolute and it was imposing the laws literally. Any sexual relation between white and black, even mulattos, was hardly punished. The only solution was to come the weekends to the neighbor Rhodesia del Sur (today Zimbabwe) that, being still dominated by the targets, was not forcing to the hotels of American origin, to practise the segregation. The weekends of interracial sex were so requested that were forcing to reserve room with months of advance.

The night Manager of Holiday Inn of Cape of Good Hope, was a Swiss who would not have any more than 24 years when it told me his first months in South Africa. “A closed night, he was leading my Volkswagen under a torrential rain for the outskirts of the city. The windshield wiper was not managing to take the water from me quickly enough how to see the highway. Suddenly, a strong blow forced me to brake sudden and stop. I prayed because it was an animal while I went out of the vehicle to see what was. A black had pushed. I verified that he had died and, like good Swiss citizen, I left it in the place without moving it, I controlled my speedometer to locate the place, and went away in search of a police station.”

When finally it reached a position of the Police of Highways, it found an official only one reading the newspaper with the feet on the table. “Tomorrow we will investigate the case … Here, it has to the return of the corner a shop that bandages liquors. Buy a "trunk" of the worst Greek, cheapest brandy. Return to the place of the accident and spray the dead person. Tomorrow we will say that it was drunk and that it threw itself against his vehicle. Calm Váyase”.

To approximately 120 km to the north of City of Cape of Good Hope there is one of the most perfect bays of the world, Saldanha this way baptized by the Portuguese navigators of the XVth century. They could not install there his principal scale in the route of the East Indies because he was lacking drinking water. In 1652 the Dutches fortified Cape of Good Hope with the fortress of Good Hope. The vegetables and the fruits relieved the damages of the scurvy. In 1975 Pescanova and his co-informed branch Is Food Harvest Ltd, they were dominating Saldanha with the presence of 400 Galician sailors, some other natives and a dozen of factories ships. The Captain of the port of Saldanha was called … “Nemo“.

With certain frequency, the Spanish sailors were going of permission to Cape of Good Hope where there was many diversion in the Waterfront. A group of six or seven Galicians was directing his steps towards the bars area. In a given moment, before a shop window, one of them remained a straggler. When he wanted to give scope to the rest, the others had doubled the corner and it did not manage to find them. In that moment it was attacked by a pair of xhosas to razor top and it deprived of his clock and money. Since it could, doing hitchhiking, it returned to Saldanha Bay.

A pair of days later, supported in the rail of his ship of Pescanova, the Galician was contemplating distracted the pother of the stevedores and the provisions arrival for the imminent partanza of the fleet. Suddenly, between the loaders, the sailor recognized the xhosa that had attacked two nights earlier in Cape of Good Hope. It ran to the kitchen and armed itself with a good knife. When it reached and held the man, this one proclaimed terrified that was making a mistake, which he had not gone to Cape of Good Hope from hacía weeks and which was innocent. The clock of Spanish was denouncing the thief in his doll. Without being able to recover his money, the sailor killed the black. Led before the judge a few days later, it was fined by 12 Krugerrands, approximately 15 dollars of that one then. “But do not believe that the next time is going to work out for him so cheap!”. The white police officer who was returning him his belongings, whispered to the sailor:” It might cost you even three times more!”

The weeping Spain

A psychiatrist, a sociologist, a communicator in search of ideas for his tesina should pay attention to all that they offer us the news and informative others, anyone that is the chain, departing from the beginning of which it is the majority way that the Spanish have to find out about what happens in the world. I recommend to them to observe the faces, the tones of voice and the writing of the news as well as the reiteration of someone ad nauseam. One looks for the depressed face, the personage who looks lost at the camera, the drama. Against more depressed, more the young informer is interested in the personage.

The excessive, and habitual seriousness of some, he invites to the laugh sometimes and encoje the heart in others. The tone is usually apocalyptic because he believes that it is the best way of making the spectator faithful, of avoiding the zapping. “Observe well what has happened to this citizen …” the most probable thing is that it is a question of the eviction of a proper or busy housing, of a miserable shanty. The people are unemployed. They look for the most distressed faces. “I do not know what we are going to do … I am at rock bottom … the unemployment finishes me …”

Hundred ideas assault me. Why do not I see this desperation in the face, in the look of the thousands of immigrants who walk without course along our streets? I think that there happens to them the same as to the Spanish but, also, allende of the sea they have family that depends on them to survive. They are model. They do not rebel, do not shout, do not stop smiling although it is bitterly, do not look like the Spanish who look like battered greyhounds.

Where is the valor of the children and grandchildren of those who threw themselves to the voluntary exile? We see a channel TVE reportage showing those trains of the interior and exterior migrations of the Spain of the dictatorship. Baggage with ropes, loaf of bread, omelette and boot of wine, trains of third that were fixing his wood in the body. “The Sevillian one” was covering thousand kilometers that separate the capital from Sevilla of Barcelona …: in 15 hours! Imagine those who were going up to Germany. The contrast between the Spanish of medium age and the foreigners of similar years that have come to work a future to our country is well-known.

If I was young Spanish in unemployment, I would go away to any country where he could learn languages simultaneously that it should unroll me with all kinds of elementary works: to keep children, to teach Spanish, to help in a familiar commerce, to teach of mathematics or to sell in the street, T-shirts, pre-cooked plates, books, what is less to resign myself and to be sorry about my bad luck. I remember two Spanish boys who, without money in Istanbul, acquired a handlebar of the city in Spanish and reached the door of a hotel de luxe. The trips and his monuments were studied and then, when they were listening to speak a Spanish group that was going out of the establishment. they were offered “like guides who were speaking well the Spanish”. They brought to me that history to the writing of “The Adventurers”. The need is the mother of all the inventions.