Tuesday, November 15, 2011

The sentence of digital canon and is final

I can not be appealed. The decision of the Audiencia Provincial de Barcelona, ​​which acquitted the digital royalty payments to Traxtore computer store, owned by Padawan, is "definitely strong and can not be challenged in an extraordinary way," says the lawyer representing the trade of Barcelona, ​​Josep Jover.

The court case was finally closed on Thursday after the end of the period within which the rights management entity audiovisual producers (EGEDA) filed an appeal "procedural defects" in the Supreme Court, as had been announced. "EGEDA has tried to delay the decision of the Court of Barcelona for more than six months, during which all entities have continued to institutions and companies charging an illegal fee," complains Jover, who estimated two million euros the amount collected this year and "200 million a year" since the adoption of the directive on copyright in 2002.

This court ruling on the case that pitted the SGAE Padawan, highly anticipated, occurred last March, five months after the European Court, in response to a query of his own Court of Barcelona, ​​ruled that the fee Digital in Spain applied in an "indiscriminate", an abuse that breach the European directive on copyright in October 2010 .

The European court ruling in Luxembourg recalled that this levy ( a priori on almost any device or medium capable of reproducing or copying a file or document subject to copyright) can be charged only individuals , but not to legal persons is that businesses, professionals and government are exempt.

Communities Around the same time, councils and other agencies have already begun to ensure that would claim to organizations like the Society of Authors and Publishers (SGAE) the refund of the fee when the sentence was definitely strong.

The Spanish Association of Small and Medium Enterprises of Computer Science and New Technologies ( APEMIT ) for eejmplo has six lawsuits claim companies prepared Barcelona, ​​Madrid and Burgos. "They are ready for a long time and this week we will begin to process them. Once we have the first, hang the text on the page for everyone who wants to download and use," said Jover, also president of this association. "Everyone must report to recover your fees and return to those thousands of euros earned by collecting societies. But the situation is bad because the money is not vicariously liable and the state," Jover.

The lawyer Javier de la Cueva and David Bravo already explained in three steps how they could reclaim administrations and companies.

Regarding the claims of individuals, remember Jover, anyone who has bought a box of blank CDs, for example, and can prove that he had used for private purposes, you may demand a refund of fees through the courts. It should be remembered that there are several court decisions of first instance which gave citizens the right, forcing stores to refund the fee to the buyers of the CD because they got to prove to the judge who had not been used to keep contents protected by copyright. The oldest statement of July 2005.

On the other hand, when it has been over a year of European failure and more than six months since National Court annulled fee rates for digital, suffering from a "radical vice" , the outgoing government has not reformed the Law of Property Intelelectual (LPI), a task which should return the new Executive. In any case, says Jover, "and do not need to change anything because any company that has been paid in error over the years can claim and those who ask him from now may refuse to do it." In fact, courts are already incorporating the European doctrine. In March, mpor example, d I and Commercial Courts ruled in favor of Nokia and Dell in two lawsuits against management organizations for copyright payments related to the digital canon. Both statements confirmed that the companies had to pay the required amounts and could request a refund of payments made.


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