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.
No comments:
Post a Comment