Post by account_disabled on Feb 20, 2024 0:52:37 GMT -6
This expert recalls that “with these types of practices there is a lot of money that moves irregularly that does not stay in Europe . Now the hope is that the new Digital Services Law , an EU regulation that has already partially come into operation, should help with better control because it forces many large service providers to monitor this illegal content and remove it . We will have to see how it is implemented and if this bleeding of digital content can be stopped.”
In his opinion, “for the moment all the controls promoted by the law will be behind reality. The market is dominated by three or four large operators that control it and have almost more power than governments . The debate is whether it is time to break this monopoly because there are many interests at stake.”
Another issue that this jurist highlights is a Fax Lists ruling this year from the Provincial Court of La Coruña on a case of broadcasting soccer matches in a bar in that city. Criminal Court No. 5 of that city handed down a conviction that went to the AP of Coruña and then ended up in the Supreme Court. The ruling of the Criminal Chamber indicates that by applying a previous ruling from the Plenary Session of 2022 it underlines that there is no crime against property in this broadcast of football matches .
In this regard, the Supreme Court highlights that “ football games are not artistic, scientific or literary works . ” “In the opinion of this Court, the broadcast of a football match is not a film, it is not a concert or an artistic work. That is the real reason and it has a certain logic. What the Supreme Court sees is that there is a crime against consumers because electronic means are used to carry out this unauthorized retransmission,” explains Caselles.
Regarding how to reverse the situation denounced by the EUIPO, with a drop in piracy between 2017 and 2021, but with a significant increase during the last year, Caselles indicates that “the solution is complex because in a global context of the use of technology Trying from Spain or the EU to control these phenomena is not going to be easy . The fight against piracy requires elements of cooperation between countries. And there are some so-called cyber havens located in the former Eastern Europe that do not collaborate.”
In Spain the problem is also important . “We must highlight the work of the Spanish police, which has important prestige in its actions. The problem is when you need collaboration from other countries and gather information, that's where the problem comes because cooperation is deficient . It is not easy to know who is behind certain actions to locate where the servers of these organized mafias are, but the fight against piracy has made some important progress.