The so called Sinde law, to fight against Internet Piracy will pass through the Senate, after the agreement of the Government (PSOE), the Popular Party (PP) and the catalan party Convergencia i Unio (CiU).
Wikileaks (a summary of some of the cables created by the US embassy in Madrid, dedicated to Internet Piracy)
22/06/2009
Summary and Action Requests: New Culture Minister Gonzalez-Sinde, a committed opponent of internet piracy, updated the Charge on the status of negotiations between content providers and ISPs.She welcomed a shift in approach by content providers that would have the GOS seek legal changes allowing it to block offending web pages.The Minister reacted enthusiastically to our offer of expert engagement, saying it would be valuable for GOS officials to hear what has worked and what has not worked to reduce illicit downloads
She said it would be necessary to change laws so the GOS could act against sites, adding that 100 sites accounted for a significant majority of illicit downloads
The Minister expressed interest in our offer (ref A) of cooperation from USG experts. She was particularly interested in advice on measures to reduce demand for unauthorized downloads -- what had worked and what had not. The Minister also expressed interest in involving U.S. experts in IPR-related events during Spain's EU presidency in the first half of 2010. The Minister hopes to travel to the U.S. in September
While she emphasized that the Internautas were a small and unrepresentative group...
SUBJECT: USA AMBASSADOR SOLOMONT'S JANUARY 21, 2010, MEETING WITH SPANISH OPPOSITION LEADER MARIANO RAJOY
The Ambassador described his strong commitment to helping U.S. business compete in Spain, noting that the IPR situation is a major concern, especially for the U.S. music and film industries. He noted MPAA head Dan Glickman called him the day before to register concerns about Spain. The Ambassador said that at a recent movie premiere in Madrid, Warner Brothers' executives reported sales of new release DVDs were down 80 percent
Rajoy said the PP is asking for appropriate judicial safeguards for shutting down websites and is working to find the appropriate balance between IPR protection and freedom of expression. He noted the issue is not only important economically but politically. Nevertheless, he assured the Ambassador that the PP wants to play a constructive role and promised to keep an eye on the issue.
Meeting between Solomont, USA ambassador and Sebastian, Minister of Industry, on 25/01/2010, and other people
The Ambassador highlighted the difficulties faced by the U.S. movie and recording industry in Spain as a result of internet piracy
Minister Sebastian noted that immediately upon taking office in 2008 he had met with the Ambassador's predecessor, who had told him Spain had been placed on the Watch List.
On the third (comment: and most important) issue, unauthorized internet downloads of movies and music, Sebastian said that many Spaniards thought the "digital canon" private copy levy on recording instruments and media gave them the right to download whatever they wanted. In addition, going after individual users was difficult for the GOS, which did not want to jeopardize families, access to the internet just because one member downloaded unauthorized items.
Secretary Ros (España) said that in his meetings in Washington the previous week, Spain's efforts had been generally very well received. The software companies were "fine," and the movie industry was also "happy." However, the music industry still had problems,
Ros had emphasized in his Washington IPR meetings the importance of USG engagement with the PP, and this meeting confirmed the GOS' interest. Post will continue our efforts to encourage national PP figures to take a constructive approach toward the GOS' proposed legislation. We will also engage with the regional government
SUBJECT: SPAIN IPR: AUSTR WILSON'S MEETINGS WITH GOS, OPPOSITION, AND PRIVATE SECTOR February 2010
During a February 4-5 visit to Madrid, Assistant USTR for Europe met with government officials, private sector representatives, and an opposition politician to discuss USG concerns over Internet piracy in Spain and the government's legislative proposal
Coalition members urged AUSTR Wilson and the Embassy to remind PP legislators of their ideological interest in protecting private property and their strong bond with the United States.
Assistant USTR Wilson met February 5 with Alvaro Nadal, a PP Deputy who is one of his party's experts on economic issues
AUSTR Wilson also met February 5 with State Secretary for Telecommunications and the Information Society Francisco Ros, whom he had seen two weeks earlier during Ros's visit to Washington. Ros reiterated that the GOS is strongly committed to passing the legislation but noted that public and industry reaction had not been entirely positive. AUSTR Wilson assured State Secretary Ros that the USG does not pick models and does not favor any one specific approach to combating piracy. Our concern is that Spain implement measures that will be effective. Spain is under the spotlight in this years' Special 301 review, he said. Some industry associations may want Spain moved to the Priority Watch List, though others may believe it would be a mistake to increase pressure on Spain when it has begun to act.
SUBJECT: AMBASSADOR SOLOMONT'S FEBRUARY 4, 2010 MEETING WITH SPANISH SECOND VICE PRESIDENT AND ECONOMY/FINANCE MINISTER ELENA SALGADO
In response to the Ambassador's emphasis of the importance of the internet piracy measures in the government's proposed Sustainable Economy Law (LES), Minister Salgado said the thrust of the government's proposal had not been disturbed by the recent change (Note: to require judicial authorization before internet sites could be blocked; this provision was added after the originally announced proposal sparked opposition
Meeting of Solomont with Sinde on 10/02/2010
Ambassador met February 10 with Minister of Culture Angeles Gonzalez Sinde to discuss intellectual property rights and draft legislation that would enhance the government's ability to combat digital piracy.The Minister reiterated the government's request that the Embassy continue to engage with the political opposition on draft legislation for shutting down pirate websites
Minister Gonzalez-Sinde replied that everything the government tries to do in this area is big news, since attempts to regulate Internet activity are of intense interest to young people, the media, and companies like Google. There are still populist demands for "free culture" on the Internet, but these are being taken less seriously in the media. The Internet is shaking up traditional modes of cultural distribution, she said. Increased use of the e-book is sensitizing authors and influential media owners to the piracy problem.
The Government believes it is making progress with Deputies from the ruling Spanish Socialist Workers Party (PSOE), but is concerned about the opposition Populist Party (PP). The Ambassador noted he had raised the issue in his initial meeting with PP leader Mariano Rajoy and had told him how important the issue is to the USG and private industryAs reported septel, DG Corral told econoffs recently that the government faces opposition from some members of the ruling party, and he asked us to make our views known to legislators from the regional Convergencia i Unio (Cataluna). AUSTR Wilson described briefly to Ros his meeting with PP Deputy Nadal. He asked whether the PP-proposed 100 percent judicial process could be problematic given constraints on judicial resources. Ros closed by saying that Spain's highest Internet priorities for its EU Presidency are IPR protection and cyber-security.
At a lunch hosted by the Foreign Ministry (see paragraph 20), AUSTR Wilson spoke with Guillermo Corral, Ministry of Culture Director General for Cultural Policy and Industries, who accompanied State Secretary Ros on his Washington visit in late January. In light of perceptions that the GOS is being pressured by the USG to toughen its anti-piracy regime, Corral thought it would probably be counter-productive for the Embassy to approach PSOE opponents of the initiative.He did, however, suggest that the Embassy talk to Deputies from the regional Convergencia i Unio (CiU - Cataluna) and Basque National Party (PNV - Basque Country) about the legislation.
Therefore, is anybody surprised of the fact that PSOE, PP and CiU have reached and agreement?
The protagonists (Sinde and Solomont):
Remember, we are all business friendly! and as Sinde suggests, we cannot tolerate "populist demands for free culture"...
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