How Long Can I Leave Opalescence In For

alternative proposal to the Law Sinde

First this proposal is not perfect, sure failures and areas for improvement, but one I could draw in my spare time not many.

Second, regulation is essential for development and without it the proposal does not make sense, so there are aspects that depend on it, but the foundation would go through here.

The main problem that I see him, being honest, is the issue of accountability for those who advertise, I pointed out as an option and with reservations Alex de la Iglesia, but I think it would be just as interesting to the same (and possibly safer) without it .

prospered
If the proposal (by which I mean to be assumed by a partic and presented as an amendment in the Senate) would have been time to question it, reject it, etc.

In summary, improvements or interesting points that have the proposal in my view:

- Neither the government nor the public administration can close websites, only be done by a Magistrate Judge. This is consistent with the views expressed by political leaders, but this does not mean that the proposed measure is not equally effective.

- Maintain creation of the Second Section of the Intellectual Property Commission, creating a streamlined process for reporting and causing actual knowledge faster and better than they would for instance with the procedure Notification of the DMCA.

- Reduces time ostensibly to be responsible for the web decided to maintain or remove the content.

- No attacking / penalizes users, but only to intermediaries that provide links to works and performances protegidas.Esto also expressed a commitment by policy makers.

- do not alter the neutrality of the consideration of the link.

- It is not necessary to amend the Organic Law of Judicial Power (still) not provoke a review of administrative action prior to the decision Section II. Also this is the shortening of the time, it avoids the 4 days (they were not going to be able to comply).

And this is the text, relevant legal chicha, which I gave to Alex de la Iglesia a personal capacity, with the hope that helps.

I hope your analysis, criticism and comments on legal tone, of course.

Second final provision. Amendment of Law 34/2002 of 11 July, of Services of the Information Society, Royal Legislative Decree 1 / 1996 of 12 April, approving the revised text of the Act Intellectual Property Law 29/1998, of July 13, regulating the Administrative Jurisdiction for the protection of intellectual property in the area of \u200b\u200binformation society and electronic commerce.

One is amending Article 16, paragraph 1, of Law 34/2002 of 11 July, Services of the Information Society, with the following wording:

1. "The service providers of brokerage house consisting of data provided by the recipient of this service will not be responsible for the information stored at the request of the recipient, provided that:

a. Not have actual knowledge that the activity or stored information that is unlawful or harms property or rights of any party liable for compensation, or b.

If they do, their best efforts to remove or make it impossible to access them. "

" means that the service provider has actual knowledge referred to in paragraph a) when a competent court has declared wrongfulness of the data, ordered their withdrawal, refused access to them, or else declared the existence or possible injury to the rights of others, and the lender knew the relevant decision, without prejudice to the procedures for detection and removal of content providers that applied under voluntary agreements and other means of effective knowledge that may be established. "

" means the provider acts expeditiously to title but not limited to, when you remove the data or preclude their access within the time allowed by the competent authority. "

Two. Amending Article 17, paragraph 1, of Law 34/2002 of 11 July, Services of the Information Society, to read as follows

1. "Providers services of information society that provide links to other content or include in their own directories or search tools content are not responsible for the information that direct recipients of services provided:

a. Not have actual knowledge that the activity or information to which they refer or recommend is unlawful or harms property or rights of any party liable for compensation, or b.

If they do, their best efforts to remove or disable the link. "

" means that the service provider has the actual knowledge referred to in paragraph when a competent body has declared the illegality of the data, ordered their withdrawal, refused access to them, or else declared the existence or possible injury to the rights of others, and provider knew the relevant decision, without prejudice to the procedures for detection and removal of content providers that applied under voluntary agreements and other means of effective knowledge that may be established.

means the provider to act diligently, without limitation but not limited to, when to remove or disable the link within the time allowed by the competent authority. " Three

. Is added to Article 17 bis of Law 34/2002 of 11 July, Services of the Information Society, to read as follows

Article 17a. Liability of providers of services involving the recruitment of online advertising space.

1. Service providers of information society involving the recruitment of online advertising space and sponsorship of services of the information society, as well as tenants and subtenants of those spaces are not responsible for the content present or to link a web site provided that:

1.No have actual knowledge that the activity or the information displayed next to your ad is unlawful or harms property or rights of a third party liable for damages, or

2.Si they do, their best efforts to put out of business advertising or sponsorship.

means that the service provider, the tenant and subtenants have the actual knowledge referred to in paragraph a) when a competent court has declared the illegality of the data, requested their withdrawal, refused access to them, or else declared the existence or possible injury to the rights of others, and lender, lessor or sublessor, know the relevant decision, without prejudice to the procedures of detection and removal content providers apply under voluntary agreements and other means of effective knowledge that may be established.

means that the lender, lessor or sublessor, acting with due diligence but not limited title when it ceases to act within the time allowed by the competent authority.

2. The exemption from liability provided for in paragraph 1 will not operate on the assumption that the lender, lessor or sublessor acting under the direction, authority or control of the provider to facilitate the location of content.

Four. It introduces a fifth additional provision in the revised text of the Copyright Act, approved by Royal Legislative Decree 1 / 1996 of 12 April, with the following wording:

"The Ministry of Culture, in the field of its powers, ensure the protection of intellectual property rights with his vulnerability using electronic means or services of the Information Society under the terms of Law 34/2002 of July 11, Services Information Society and Electronic Commerce. "

Five. It amends Article 138 of the text of the Copyright Act, approved by Royal Legislative Decree 1 / 1996 of April 12 with the following wording:

The owner of the rights recognized in this Law, without prejudice to other actions that correspond may seek the cessation of the infringer's unlawful activity and demand compensation for material and moral damages caused, under the terms provided for in Articles 139 and 140.

can also encourage the publication or dissemination in whole or in part, the judicial or arbitral decision in the media at the expense of the offender.

addition, the holder of the rights recognized in this Law may initiate the action described in the preceding paragraph, and demand compensation for damages, against those who, knowing or having reasonable grounds to know, induce, facilitate, cooperate or contribute in any way to the infringement of rights caused by any third party.

You can also request in advance the adoption of precautionary measures for immediate protection as provided in Article 141.

cessation both specific measures referred to in Article 139.1.h as precautionary measures provided for in Article 141.6 may also be obtained, when appropriate, against intermediaries whose services are used to infringe third party rights intellectual property recognized in this law, although the acts of these intermediaries are not in themselves constitute a violation, without prejudice to the provisions of Law 34/2002 of 11 July, on services information society and electronic commerce. Such measures must be objective, proportionate and non discriminatory. Six

. Amending Article 158 of the text of the Copyright Act, approved by Royal Legislative Decree 1 / 1996 of April 12 with the following wording:

"Article 158. Committee on Intellectual Property.

1. is created in the Ministry of Culture's Commission on Intellectual Property, as a body at national level, to exercise the functions of mediation and arbitration and to safeguard intellectual property rights assigned to this law.

2. The Commission will work through two sections.

Section One shall act as mediation and arbitration assigned by this law.

Section II shall, within the scope of the powers of the Ministry of Culture, for the protection of intellectual property rights against its employees electronically or services of the information society in the terms provided in the Act 34/2002, of July 11, Services Information Society and Electronic Commerce.

3. Section One is for the financial year of mediation and arbitration in accordance with the following rules:

1. º In his mediation:

a) to collaborate in the negotiations by the parties prior to the event that no succeeded in concluding a contract for the authorization of cable retransmission of a broadcast, for lack of agreement between the holders of intellectual property rights and cable distribution companies.

b) to submit appropriate proposals to the parties.

is assumed that all the parties accept a proposal referred to in paragraph above, if none of them expresses its opposition within three months. In this case, the decision of the Commission shall have the effects specified in Law 60/2003 of 23 December, Arbitration, and may be reviewed before the civil courts.

The proposal and any opposition thereto shall notify the parties in accordance with Articles 58 and 59 of Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure

The mediation procedure and the composition of the Commission for mediation, shall be determined regulations, be entitled, in any case, a part of it, in each case which involved two representatives of the management entities of intellectual property rights under negotiation and two of the cable distribution companies.

2. º The Commission shall be the function of arbitration

a) Giving the settlement, by the parties, conflicts, pursuant to the provisions of paragraph 1 of the preceding article, may occur between administration entities and associations of users of its repertoire or between them and the broadcasters. Submitting the parties to the Commission will be voluntary and shall be expressly written.

b) to set an amount in lieu of general tariffs, for the purposes stated in paragraph 2 of the previous article, at the request of an association of users or a broadcasting organization, provided that they are subjected, for its part , to the jurisdiction of the Commission with the aim specified in paragraph a of this section.

3. º Regulations shall be determined for the exercise of its arbitration function, procedure and composition of the Commission, be entitled, in any case, a part of it, in each case in involved, two representatives of the administration entities and two of the association of users or the broadcasting organization.

The decision of the Commission shall be binding and enforceable on the parties.

matters specified in this paragraph shall be without prejudice to any action that may be brought before the competent court. However, the approach to the dispute submitted to arbitration before the Commission decision to prevent judges and courts know it, until the decision has been issued and provided that the party invoking it by exception.

4. Corresponds to Section II, acting in accordance with the principles of objectivity and proportionality, the exercise of the function of assessment and reporting of possible damage to intellectual property rights of those in charge of services of information society.

Section II will be considered for this purpose as the competent body to declare the existence of a possible infringement of the intellectual property rights of others and in which the use or services essential part of the information society.

Section II will analyze the complaints made by rights holders, requirements check standing and ability, ascertain the injury or potential injury and will refer to responsible for services of information society concerned, being that from the time notified for the purposes specified in the legislation that regulates their activity.

The provisions of this paragraph is without prejudice to any civil, criminal and contentious-administrative, if any, are appropriate.

Regulations shall determine the composition and functioning of the Section and the procedure for exercising the functions assigned to it. The procedure is always initiated at the request of the owner of property rights considered violated intellectual or the person who has entrusted the exercise will be based on the principles of speed, proportionality and other provided in Law 30/1992 of 26 November on the Legal Regime of Public Administration and Administrative Procedures Common

Seven. Amendment of paragraph 5 of the Fourth Additional Provision of Law 29/1998, of July 13, regulating the contentious-administrative jurisdiction, the following terms:

"5. The administrative actions taken by the English Agency Data Protection, the National Energy Market Commission Telecommunication Economic and Social Council, Institute "Cervantes", Nuclear Safety Council and University Council, Second Section of the Intellectual Property Commission, directly, in one instance, by the Division of Administrative Litigation of the National Court .