Posts tagged ‘Portugal’

TorrentFreak: Block Pirate Bay in 72 Hours, Spanish Court Tells ISPs

This post was syndicated from: TorrentFreak and was written by: Andy. Original post: at TorrentFreak

When it comes be being blocked on copyright grounds, no site in the world can come close to the ‘achievements’ of The Pirate Bay.

The infamous ‘pirate’ domain is blocked in more than a dozen countries including the UK, Ireland, Denmark, Italy, Finland, Belgium and Portugal, to name just a few.

After a ruling today from Madrid’s Central Administrative Litigation Court No. 5, the torrent site can now add Spain to its ever-growing collection.

Due to the site’s failure to respond to rightsholder requests to remove links to copyrighted material in a timely manner as required by Spain’s copyright law, ISPs are now required to block their subscribers from accessing the site.

According to a statement issued by Promusicae, the trade association that represents more than 90 percent of the Spanish recorded music industry, the decision comes two and a half years after the Association of Intellectual Rights Management (AGEDI) submitted a complaint against Neij LMT Holdings, the company behind several Pirate Bay-related domains.

“It is the first blocking of a website dedicated to pirating music and other content that takes place in Spain under the so-called Sinde Law,” the group said in a statement.

According to Elmundo the injunction requires ISPs to block thepiratebay.org, thepiratebay.net, thepiratebay.se and thepiratebay.com within 72 hours.

Early this year ISP Vodafone blocked The Pirate Bay in Spain believing that it was required to do so. Amid confusion, Vodafone lifted the block and said it would wait for a warrant before blocking the site again.

From early next week the site should be inaccessible to most Internet users in Spain, a situation likely to spark traffic to other key sites and the take up of VPN services.

Like all countries in the world, Spain had a taste of a Pirate Bay free world
after the site was shutdown in December 2014. Almost two months passed before it reappeared at the end of January.

Source: TorrentFreak, for the latest info on copyright, file-sharing, torrent sites and anonymous VPN services.

[Медийно право] [Нели Огнянова] : ЕСПЧ: нарушение на права чрез роман

This post was syndicated from: [Медийно право] [Нели Огнянова] and was written by: nellyo. Original post: at [Медийно право] [Нели Огнянова]

Макар и не често, водят се дела по повод романи. Обикновено става дума за документални романи, които засягат предвидени от закона тайни (Observer and Guardian v UK) или доброто име – както в процеса срещу Гришам   за клевета по повод документалния му роман Невинният (Peterson et al v. Grisham et al), прекратен през 2008 г.

По делото Almeida Leitão Bento Fernandes v. Portugal Съдът за правата на човека се е произнесъл по още един случай, свързан с роман.
Мария Фернандес е автор на роман, описващ семейни драми в едно португалско семейство. Тя издава романа в малък тираж и го разпространява безплатно в тесен кръг. В предговора се казва, че всяка прилика с действителни лица е случайна. Сюжетът включва разврат, проститутки, работа за  тайните служби, вътрешносемейни връзки и изневери и пр. Роднините на съпруга на Мария Фернандес  завеждат дело за защита на личния живот,  за клевета и за опетняване на честта на починали членове на семейството.

Португалският съд  намира, че героите в романа са точни копия на роднините и се произнася, че чрез романа е осъществена намеса в личния живот (разгласяване на лични обстоятелства) и засягане на доброто име и авторът не може да се скрие зад  уж фиктивния характер на представените лица. Фернандес е осъдена, защото в крайна сметка е “надхвърлила границите на това, което е разумно, целесъобразно и пропорционално за упражняването на свободата на изразяване ” и обжалва решението в Португалия без успех.


“>приложното поле на член 10 ЕКПЧ.   Несъмнено е налице намеса в свободата на изразяване. Намесата има предвидена от закона цел – защита на правата на други лица. Въпросът пред Съда е
“> постигнат справедлив баланс между свободата на изразяване и правото на роднините на защита на личния живот.

където всеки познава всеки друг”.
“>по отношение на починали членове на семейството, ЕСПЧ приема, че присъдата е обоснована  и не вижда причина да се отклони от оценката от португалските съдилища. Санкцията не е несъразмерна, няма нарушение на чл.10 ЕКПЧ.

Доколкото става ясно, ЕСПЧ се позовава и на съображения, свързани със защитата на личния живот, и с такива, свързани със защитата на доброто име. Решението все пак обсъжда налице ли е нарушение на чл.10, очевидно поставяйки в центъра засягането на доброто име на семейството. Ако е така, доста сложно е да се разбере как се обсъжда истинност и неистинност в контекста на фикция.  Положението се усложнява и от защитата на  честта на починалите. ЕСПЧ се позовава на стандарти в други две свои решения – Lindon, Otchakovsky-Laurens and July v. France (Grand Chamber judgment of 22.10.2007) and Chauvy and Others v. France (Chamber judgment of 29.06.2004), очевидно трябва да се четат внимателно.

TorrentFreak: Peter Sunde: File Sharing is Politics, Propaganda and Control

This post was syndicated from: TorrentFreak and was written by: Peter Sunde. Original post: at TorrentFreak

sharing-caringI remember when one of the biggest Spanish file-sharing sites was shut down. These file sharers had nowhere to go but The Pirate Bay (TPB). All of a sudden the top list of TPB was flooded with Spanish content except for one peculiar audiobook. It was a Swedish language course.

We decided to translate the site. Not just into English but into as many languages as possible. We found people from lots of countries to chime in and help. I remember the Portuguese translation especially interesting as it was carried out by a man from Brazil. We decided that we’d make two different buttons for the translation – one for Portuguese and one for Brazilian-Portuguese. These languages differ a little. The actual gettext translation file was the same though.

There were words that had never been translated to Portuguese before (like “seeder”, “leecher” and “torrent” as technical terms) and for us it was funny to see that Brazil, a former colony of Portugal, had a say in how their former mother state developed their native language.

The Swedish translation gave me a similar experience. A Finnish person did most of the translation. Finland, which was part of, and ruled by, Sweden for a very long time, still has Swedish as an official language. A few words in the Swedish translation of TPB were so new that they had to be invented. Some ended up in dictionaries.

And the same thing happened for the Norwegian translation. There are two of them, since Norway has two main languages. But the main Norwegian translation was done by a person who speaks the minority language (whom just happens to also be really good at the main language). It has an effect on how the language develops.

A few years later another thing made me think quite a lot. During the height of TPB’s struggles I noticed that for the first time ever, more than 50% of the top 100 listing were things from India. Previously when TPB was localized for Sweden it felt natural that it had mostly Scandinavian or English things. But when it had become an international success, and the things being shared were not from where one thought they might be, it said something about the way the world is moving.

I just watched the movie India’s Daughter. The movie is about a gang rape (and murder) in India in 2012. The first thing that struck me was that I wanted to put it up on The Pirate Bay’s frontpage to make sure that people all over the world could see it – especially in India. Why? It’s being censored there. It’s a film that everyone needs to see. But not only is there a copyright issue, but there’s also a country-wide ban on the movie. People have tried putting it up on YouTube multiple times, but YouTube always takes the movie down due to their need to follow court orders in India.

This all puts things into perspective for me. De-centralized file sharing by virtue of peer-to-peer technology is obviously a way to get important information in and out of countries in a time of need. It’s a way to make sure that global data is not being blocked due to local corruption. It transcends the ideas of national borders. And it is highly political.

It has multiple angles. I understand now that one of the key reasons for the US to fight file-sharing might be that they don’t want India to take over their place as the number one culture. If Bollywood passes Hollywood in interest, it will be a huge loss for the US.

I am also upset that no one in TPB is doing their part. No one cares about politics anymore. It’s a technical site that is not helping a movement. I’m not talking about the file-sharing movement. But for me it’s strange that TPB is not promoting India’s Daughter to everyone globally. Especially on the international women’s day.

Sharing is political. Words are political. Communication is political. And if we don’t use the powers and voices we have, we’re on the wrong side of the struggle.

About The Author

Peter Sunde is the former spokesperson of The Pirate Bay. He’s currently working for the micro-payment service Flattr, the encrypted chat client Heml.is and several other technology startups.

Source: TorrentFreak, for the latest info on copyright, file-sharing, torrent sites and anonymous VPN services.

TorrentFreak: The Pirate Bay Will be Blocked in Portugal

This post was syndicated from: TorrentFreak and was written by: Ernesto. Original post: at TorrentFreak

pirate bayAs the archrival of many copyright groups, The Pirate Bay has become one of the most censored websites on the Internet in recent years.

Courts all around the world have ordered Internet providers to block subscriber access to the torrent site and the list continues to expand.

Last month French ISPs started blocking The Pirate Bay and last week the Intellectual Property Court in Portugal ordered a similar measure against local Internet providers.

The case was brought by the Association for Copyright Management, Producers and Publishers (GEDIPE), who argued that their members are financially hurt by TPB’s services.

In its verdict the court ruled that Vodafone, MEO and NOS have to prevent users from visiting the torrent site within 30 days. If they fail to do so the ISPs face a fine of 2,500 euros per day.

The injunction marks the first time that Internet providers in Portugal are required to block a website on copyright grounds. Previously there were cases against unknown website owners, but not ISPs.

“In the case of Pirate Bay, the judge decided to blame the Internet provider, which now face a financial penalty,” GEDIPE boss Paulo Santos comments.

Pirate Bay is currently among the 100 most visited sites in Portugal. Whether the blockade will stop people from pirating has yet to be seen. Several other TPB proxies remain available, and so are dozens of other torrent sites.

GEDIPE is urging the Internet providers to discuss voluntary actions to target other pirate sites. If they refuse to do so, the group will go back to court to demand more injunctions.

“Internet providers are not our enemies. If they combat pirate sites they will also be defending their own content distribution businesses. It is time to sit down and negotiate blocking measures that don’t require the courts to get involved,” Santos says.

“If Internet providers don’t want to go down down this road we have to move forward with injunctions targeting dozens of sites that promote sharing of pirated content,” he adds.

The ISPs have previously spoken out against blocking measures, arguing that they will block legitimate content as well. They still have the option to appeal the injunction but thus far it’s unclear if they will.

The full listed of blocked domains is listed below.

thepiratebay.org; www.thepiratebay.org ; thepiratebay.com; thepiratebay.net; thepiratebay.se, piratebay.org; piratebay.net; www.thepiratebay.com ; www.thepiratebay.net ; www.thepiratebay.se; ikwilthepiratebay.org; www.piratebay.org ; www.piratebay.net ; tpb.partipirate.org; pirateproxy.net; tpb.me; kuiken.co; dieroschtibay.org; bayproxy.org; tpb.cryptocloud.ca; proxie.co.uk; come.in; proxybay.net; tpb.ninja.so; proxy.rickmartensen.nl; malaysiabay.org; lanunbay.org: tpb.dbpotato.net; pirateproxy.se; pirateshore.org.

Source: TorrentFreak, for the latest info on copyright, file-sharing, torrent sites and anonymous VPN services.