Political Leader Threatens Court Action Over P2P “3 Strikes”

Written by enigmax on June 03, 2009 

The head of Spain’s Popular Party says he will take legal action if the government implements Internet disconnection for alleged file-sharers. Leader of the opposition Mariano Rajoy says that if the Prime Minister of Spain mimics Sarkozy and brings in a “3 strikes” regime, he will take the whole issue to court.

In Spain, like in so many other European countries, there have been negotiations between the government, copyright holders and ISPs to try to reach an agreement on what to do about unauthorized file-sharing. In common with other countries, an agreement couldn’t be reached.

Now, the leader of Spain’s Popular Party (Partido Popular), Mariano Rajoy, is warning Spaniards that Prime Minister José Luis Rodríguez Zapatero of the Spanish Socialist Workers’ Party (PSOE) may try to implement a French-style “3 strikes” regime for alleged file-sharers.

At a rally held in the Prince Felipe Auditorium in Oviedo to promote the European Parliament elections, Rajoy raised questions over the tax currently paid by everyone on devices such as computers, hard drives, blank media, CDs and DVDs etc, which should be divided between all artists but is actually going mainly to the big ones.

On the ‘3 strikes’ issue, Rajoy asked the gathered crowds if it would be acceptable to stop people from using the Internet because a government agency (at the behest of the entertainment industries) says so – is this what the young people want?

Rajoy is clearly against such punitive measures and announced that if Zapatero or anyone else tries to bring in something akin to Sarkozy’s ‘3 Strikes’ HADOPI law, he will be strongly against it.

“If someone takes this decision,” he said, “we’ll oppose it and go to the courts.”

In response PSOE candidate for the European Parliament, Iratxe García, said that PSOE is an overwhelming supporter of Internet user’s rights.

“PSOE doesn’t support or accept measures or laws like the ones in France,” she said adding, “We are voting in favor of keeping telecommunication interventions in the hands of judges and not by any other administrative authority.”

Previously: Mininova and BREIN Clash in Court

Next: Unaired Prison Break Finale a Hit On BitTorrent

61 Responses

1 Jun 03, 2009 at 13:37 by yano

good man

2 Jun 03, 2009 at 13:40 by DJ Sketch@1337x.org

someone standing up to the lobbyists? good. the entertainment industry should not have any say in politics. their methods are flawed as is their current business model…..they do resemble a dying person in the midst of death throes.

3 Jun 03, 2009 at 13:54 by to DJ Sketch@1337x.org

Every time here i read that people accuse entertainment industry of old and flawed business model. Though never have i read some suggestions as to which business model they should implement?

I know, your only viable solution would be that you could download and upload everything for free. But, tell me exactly how’s this a better business model? Finally all the people realize they could get everything for free and stop paying paying for the content(s) at all. And the fanbase of some product is minority (like when you want all that trivia buying some collector’s edition). They don’t pay up the production cost.

So, what is the new and effective business model you’re thinking? A reasonable and profitable as we live in a capitalistic world.

4 Jun 03, 2009 at 13:59 by muuh-gnu

>Though never have i read some
>suggestions as to which business
>model they should implement?

Dying.

5 Jun 03, 2009 at 14:00 by Bilal

Guys, I’ve been working in the music industry for over 8 years now, and the people in the business are blocking their eyes on any solution, they just care about money.
The first step to fix the piracy issue, is to research “why do people download pirated stuff”?
For me, I download them because there’s no other legal option to download music, I don’t have iTunes where I live, and music stores sell Britney Spears only.

6 Jun 03, 2009 at 14:05 by to Bilal

Taking into account your sentence construction and the way you started bashing it–no, you’re not working for the music industry, jobless 18-year-old teenager.

7 Jun 03, 2009 at 14:06 by muuh-gnu

Joke aside, it is in NO FSCKING WAY our or anybody else’s job to find a viable business model for some entertaiment industry. Also, if there is no business model at all, it is not our job to artificially create it by fiercely enforcing a worldwide filesharing prohibition. If there is a business model in the real world, you try to make a buck, or else you simply die like hundreds of other industries during the past centuries.

8 Jun 03, 2009 at 14:11 by Anonimous

Good, finally a politician who actually thinks himself instead of just copying whatever copyright industries try to make everyone think.

9 Jun 03, 2009 at 14:12 by ArmEagle

Since this article mentions a Spanish EU parliament candidate, let me point to this Dutch candidate of Newropeans (sorry, websites are only in Dutch):

http://frontpage.fok.nl/nieuws/111933/-Newropeans-steunen-Piraten-Partij.html
http://rustema.nl/internet.html

10 Jun 03, 2009 at 14:14 by Named

Exactly, it’s not our job to invent the new business model(s). But as you can see – the music industry haven’t been able to think up something new and better also. Better, for us, the consumers i mean. The current model works quite well as of now. Though economic crisis has dramatically hit their revenue.

EU extended copyright by couple of decades to musicians. Why? Well, obviously it’s your right to own a hand over your creations. And do not fucking give me that shit artists get 0 cents, because the publisher takes most of ot. Then who is it here to be blamed? The artist of course. (S)he accepted the offer by the media corp. And i still bet he’s getting paid better than to sell own stuff yourself in some market. Right? Right.

11 Jun 03, 2009 at 14:17 by Alun

‘Every time here i read that people accuse entertainment industry of old and flawed business model. Though never have i read some suggestions as to which business model they should implement?’

Easy the model they need is to close shop and let the artists make money for themselves through live performances and T-shirts e.t.c that fans will buy.

12 Jun 03, 2009 at 14:25 by Rabbit80

@5 DJ Sketch@1337x.org

How about making a business model that revolves around providing a service? Make the music free (You could even protect the free stuff with DRM), then provide a paid for service where I can get the music in ANY format I want – at ANY bitrate that format supports.. From FLAC to 128Kbps MP3.. AND do it for a reasonable price – say around 25% of what tracks are currently sold for! Also have promotional materials available for those who pay – exclusive interviews with the bands, music videos to download, competitions, reduced ticket prices for concerts etc! There are plenty of ways to compete with free – but you have to look at what you can offer that the free industry (aka bittorrent) cannot!

13 Jun 03, 2009 at 14:28 by Rabbit80

Re my above comments.. This is how much of the open source commercial community work – the software is free, however the training, support, additional extras etc are not! try asking Red Hat for example!

14 Jun 03, 2009 at 14:30 by Zush

Look out. Rajoy is only doing that because he wants young people to vote for his party on JUne the 7th; and because his efficiency as a leader has been put in doubt long ago.

Also, he is a right winger. Do you really think that a right winger would stand up against the lobbys? No sir!

15 Jun 03, 2009 at 14:32 by www.eZee.se

“Though never have i read some suggestions as to which business model they should implement?”

That’s not our bother, ‘they’ have never been our ‘friends’, they used to milk us for as much as they could and still try.
We have no reason or need to _help_ the MAFIAA industries when at every step they try to screw us with something or keep extending “copyright”.

We have moved a step forward, either you catch up… or you don’t, either way, we dont really care what happens to you.

Simple.

16 Jun 03, 2009 at 14:39 by Ski

@ DJ Sketch@1337x.org

More openness and freedom. So what people share, it’s human nature to share, taxing it is just wrong. The plastic disks need to go, embrace the internet. There is so much opportunity online, but they are just too afraid.

The few, big companies share a monopoly that doesn’t do much good. The model of several over-promoted artists, and the rest forgatten on the side line, will die with the online community.

17 Jun 03, 2009 at 14:43 by to Rabbit80

Now compare Red Hat to Microsoft. Which is more powerful, productive and rich enterprise? And please don’t give me that socialism bullshit here. You’d take million dollars like a puppy when given.

Gosh, people, we live in a capitalistic world. Everyone fights for themself, and the ones making loads of money are completely entitled to it.

Open Source model is just something for fans and communists. One who like messing with source codes, and the others who think everything should be shared even (the stupid ones).

18 Jun 03, 2009 at 15:02 by Incredulous

@DJ Sketch:

WTF? muuh-gnu said it best in #9:
“…if there is no business model at all, it is not our job to artificially create it by fiercely enforcing a worldwide filesharing prohibition. If there is a business model in the real world, you try to make a buck, or else you simply die like hundreds of other industries during the past centuries.”

What’s happening to the recording industry is no different to what’s happening to GM. People don’t want shitty cars/music shoved down their throats.

Go ask NOFX about how to do it if you really have no idea. They’ve sold 6 million records worldwide _independently_ on the strength of the music rather than paying commercial radio stations to play their stuff.
http://en.wikipedia.org/wiki/NOFX

The sooner the big 4 die and stop spreading the noise pollution of the talentless britney spears’s of this world the better.

19 Jun 03, 2009 at 15:03 by And One

You want “new business models” ?

Try Deezer and Lastfm, they may be pointing, if not in the right direction, at least somewhere…

20 Jun 03, 2009 at 15:03 by manky goes to hollywood

cool story bro :)

21 Jun 03, 2009 at 15:37 by ndmushroom

All copyright protection measures in Europe have been implemented by right-wing governments. I doubt anyone in Spain will buy Rajoy’s pledge, especially since there has been no talk of changing the copyright laws by the PS in Spain!

22 Jun 03, 2009 at 15:42 by Anonymous

@17
“Open Source model is just something for fans and communists. One who like messing with source codes, and the others who think everything should be shared even (the stupid ones).”

What? Open source projects are often significantly better in terms of efficiency than close sourced projects. Just like the scientific community, peer review makes things better.

Your reference to linux/vs windows is irrelevant. Red Hat is largely for servers. Many people have windows because it’s what they are used to, and most people are afraid to change anything with computers. Windows is dominant because it was dominant early on.

23 Jun 03, 2009 at 15:52 by Wozza

@5 DJ Sketch@1337x.org

Dude, have a look at what the best selling book in the world is – it’s proof that copying and sharing can only increase something’s value.

And you know what the funny thing about it is? You can download the entire book and read it for free. Don’t like downloading? Then head to the nearest to get a copy for free.

Cheers.

24 Jun 03, 2009 at 15:58 by the reasoned mind. this name is copywrited. he he

New business model? For me simple. TPB are accused of making millions, mininova have a turnover of a few million and there are countless other BT sites that are accused of making millions. So the labels start their own tracker and site and reap the ad revenue from it. Now I would hazard a guess that they could make a pretty penny this way. I would even say they could make more money this way than selling cd’s, dvd’s or the Itunes nonsense. It would be a licence to print money. Also with the option to donate to the artist direct(which would never happen in a month of sundays) and finally we the fans would be doing the distrobution for them. Why will these idiots not start their own site. And more importantly, why has the governments of the world not asked the same question as me?
Please send your answers to http://www.whyistheworldsomessedup.where-ever

25 Jun 03, 2009 at 16:21 by Tigger

Well….
New Buisness Models seems to be the rallying cry.
Just looking at these comments, there seems to be at least 4-5 viable models worth a try, certainly better than the current Entertainment Industry “Give us all your money” approach. Something needs to give, i can appreciate that both sides may need to compromise somewhat, but to quote this article itself “Rajoy raised questions over the tax currently paid by everyone on devices such as computers, hard drives, blank media, CDs and DVDs etc, which should be divided between all artists but is actually going mainly to the big ones”, Id be happy to spend a little extra on tax of blank media in exchange for totally free P2P…just a thought ;)

At the end of the day, i work as a chef, im not rich, and music industries aside, if i was an artist, id be very happy to have a house to live in, a nice car on my driveway, and food on the table, not to mention a job that I love doing – even if i didnt have millions in the bank =P

26 Jun 03, 2009 at 16:27 by UiO

These days anyone can be an authorative figure.. just demand huge amounts of money from people infringing made up ‘rules’ about thoughts and ideas.. dont forget the zeros and the ones all mashed together..

the corporations are trying to become rulers of the planet..

we will destroy them.

27 Jun 03, 2009 at 16:28 by anon2

it is easy for any political candidate/party to say something before an election, just to try to win votes. it is after the candidate/party has won the election that counts. i dont live in Spain and applaud the way people can share files atm. however, beware of what is being said by both sides. which one can be trusted? can either? once whichever one has won, will they stand by what they are saying? of course not!! they are politicians!! all politicians lie to get into power and take bribes once in power!!

28 Jun 03, 2009 at 17:02 by OneOfThePeople

“Though never have i read some suggestions as to which business model they should implement?”

Get creative!
Ups, sry u can’t, you have no fantasy.

And even if you could come up with a new business model, chances are someone already owns the copyright on it.
Karma I guess…

European politicians should start growing a backbone, fast.
The US represents the interests (if they really do) of 200milion ppl, Europe stand for the interests of 500million (even more including Canada & maybe Australia)
The interests of the masses should outweigh the interests of the few (its still a democracy, right?)

29 Jun 03, 2009 at 17:32 by Anonymous

@ DJ Sketch@1337x.org

Give me a service that is not limited to US residents but is instead accessible to everyone.

I tried to purchase few songs and both itunes and amazon gave me “For US residents only” message.

And for TV-Shows I can either download them illegally one day after they air in the US or wait few years before they show them locally here and sometimes they never arrive.

I would still wait for first episode of Stargate Atlantis.

30 Jun 03, 2009 at 17:50 by Karl Rosenqvist

“In Spain (..) there have been negotiations between the government, copyright holders and ISPs to try to reach an agreement on what to do about unauthorized file-sharing.”

Because heaven forbid that they talk to the millions of users who fileshare and take us seriously. FFS!

31 Jun 03, 2009 at 18:30 by Rabbit80

@17

“Now compare Red Hat to Microsoft. Which is more powerful, productive and rich enterprise?”

Comparing Red Hat to M$ is like comparing your local newsagents to Tesco.. in terms of size there is no comparison! And you completely missed the point!

The point is that Red Hat ARE competing with FREE software directly (unlike M$) and still have a business model that makes a good profit!

32 Jun 03, 2009 at 20:22 by candid

speaking of music, the business model to fit internet era is two simple words: fan-based.
yeah, it has its own special “features”, mind control technniques to name a few, but it exists and working, our japanese bros know what i mean

33 Jun 03, 2009 at 21:46 by Anonymous

Spain is AWESOME!!!!

34 Jun 03, 2009 at 23:22 by Anonymous

I agree with #14, this is highly suspicious. “Popular Party”, was the party of the previous President Aznar, you know, the one who sent troops to Iraq and Afghanistan to support Bush policies in the middle east. Do you think these kind of people are going to do something against the interests of corporate America?

On the other side is the “Socialist Workers” party guy (currently in power), who wants to implement the “3 strikes” Hadopi style, made by the French right wing no less; in order to protect the sacred interest of American corporations… But before any of this can happen, they must change the IP law to make it illegal to copy files with non profit intent, which they are trying or about to do…

Forgive me if I’m highly skeptical about these, the main established parties in Spain (PSOE/PP) are scum and i would only trust someone from a radically different background, such as the Pirate or Communist parties.

This is most likely a bluff to attract voters with hollow promises. Young generations are advised to stay away and concentrate your efforts in people who want real CHANGE, you know, like the people who want to end the Monarchy and establish a Republic.

35 Jun 03, 2009 at 23:41 by Anonymous

Hey #3, read this: http://hcsoftware.sourceforge.net/jason-rohrer/freeDistribution.html

It is possible to make money off of the creation of information without using intellectual property laws.

36 Jun 03, 2009 at 23:57 by Rabbit80

@34 – Good read!

37 Jun 04, 2009 at 00:54 by AFS3

I’m french and I hope spanish won’t take our fucking conservative president and parliament exemple ! It’s sad for them if it’s the case, their government is supposedly socialist !

38 Jun 04, 2009 at 00:55 by ICU

3 – Jun 03, 2009 at 13:54 by to DJ Sketch@1337x.org

I know, your only viable solution would be that you could download and upload everything for free. But, tell me exactly how’s this a better business model? Finally all the people realize they could get everything for free and stop paying paying for the content(s) at all. And the fanbase of some product is minority (like when you want all that trivia buying some collector’s edition). They don’t pay up the production cost.

That is not true, if it was, recorders and VCRs would have wipped out the industry a long time ago.
- You can’t download physical goods like boxes, posters, t-shirts.
- You can’t download live shows before they happen or the experience of a live concert.
- You can’t download bar gigs.
- you can’t download the artist.

Wanna know a model ask Madonna how she made millions without selling one single CD. If the artists depends completely on CD sales that artists will starve.

17 Jun 03, 2009 at 14:43 by to Rabbit80

Now compare Red Hat to Microsoft. Which is more powerful, productive and rich enterprise? And please don’t give me that socialism bullshit here. You’d take million dollars like a puppy when given.

Gosh, people, we live in a capitalistic world. Everyone fights for themself, and the ones making loads of money are completely entitled to it.

Open Source model is just something for fans and communists. One who like messing with source codes, and the others who think everything should be shared even (the stupid ones).

So IBM, Intel, Oracle are all communists? Who could have known LoL
Microsoft it’s more powerfull that’s true, but productive I don’t think so, they didn’t find a way to battle Google, linux is incresing it’s market share, opensource is buitl in, in motherboards, fridges, microwaves, routers(Cisco love linux) and MySQL have a healthy commercial version and nobody holds the rights to the tecnologie you see you can profit from it but you cannot prohibit others from trying this it’s not socialism this is pure capitalism without monopolies LoL
You have to work HARD, very, very, HARD to do things and it will promote only the best ones and not let people get lazy in the industry they say “Create or die!”, opensource create local markets, with local people that will help others in any country of the world in a personal manner, big business cannot offer that personal touch. opensource ERPs are great for small business, opensource music software produced by musicians it’s great to cut costs(traverso-daw.org or Rosegarden) they are like studios you can do the remastering right there on your pentium III PC.
What opensource do is decentralize the wealth it does not say anywhere that you cannot profit from it just that you don’t have the right to negate knowledge to others.

39 Jun 04, 2009 at 00:58 by Anonymous

Want a new model?

Ask Madonna how she got paid millions without selling a single CD LoL

Those artists and companies that are betting on CD as a model will starve.

40 Jun 04, 2009 at 01:03 by Anonymous

http://www.billboard.com/bbcom/news/madonna-tops-2009-music-money-makers-list-1003940730.story

The new(old) model is touring and working hard, just ask Madonna if it didn’t work LoL

41 Jun 04, 2009 at 01:11 by Augure

Yeah, here in France we’re the first to take big step to the new world order

42 Jun 04, 2009 at 01:12 by Anonymous

wanna promote artists and maybe make a buck here two options.

- slicethepie.
- sellaband.

I think sellaband is german and slicethepie is british but the slicethepie is more focused on digital sales and distribuition.

If they fight for P2P? probably not but it’s a new model never the less.

43 Jun 04, 2009 at 02:17 by 1DandyTroll

@3
‘Though never have i read some suggestions as to which business model they should implement?’

Of course that’s a trick(y) question for some people, ’specially for those in the content distribution business.

Here’s a thought though: how about one that follows a common denominator in this thing we call the free market. Supply and demand tends to work you know. Perhaps you’ve heard about bittorrent.

‘Finally all the people realize they could get everything for free and stop paying paying for the content(s) at all.’

And yet people buy air in tin cans.

44 Jun 04, 2009 at 02:47 by Zoness [US]

When did this become an anti-Open Source trolling discussion?

Go Spain!

45 Jun 04, 2009 at 03:26 by hot sex gary

The record companies don’t need a new business model. Their days are long over, and it will soon be the day of the artist. Even if artists just give away all their music for free, they won’t be losing any money – they get nothing from record deals anyway.

46 Jun 04, 2009 at 04:38 by Nicolas Sarkozy

Wow, this couldn’t have happened at a better time … I was just about to upload a steamy torrent of Carla Bruni playing with my tiny peepee, but the French laws kind of suck and I’d hate to lose my interweb connection. Anyway, video 9 / audio 10 … no virus, clean and scanned with NOD32 … just unpack rar files and enjoy … oh, and don’t forget to seed… <3

47 Jun 04, 2009 at 09:19 by manky goes to bollywood

cool story bro :)

48 Jun 04, 2009 at 11:09 by vyvyan

Way to go! kudos for Spain

49 Jun 04, 2009 at 11:32 by Anonymous

LOL @ everyone using MADONNA as an example. she had 26 years of big label backing! TWENTY SIX YEARS! you all act like she came out of nowhere, went on tour and made millions. what a ridiculous mascot you keep trying to lay claim to…

“Hey #3, read this: http://hcsoftware.sourceforge.net/jason-rohrer/freeDistribution.html

It is possible to make money off of the creation of information without using intellectual property laws.”
————-

LOL, same horsesh*t ideas the freetards keeps peddling. at least this guy is honest in that all of these “business models” will yield marginal revenues at the very best.

50 Jun 04, 2009 at 11:53 by Juan

Mariano Rajoy right-wing wacko supported the war in Iraq, anti-abortion and anti-gay. He’s gonna stand up against the corporations? Gimme a fucking break! He’s a whore and just wants to get elected. Once he’s in power corporations will get a free ride.

51 Jun 04, 2009 at 12:44 by alf

new business model? where to start?!?!
there’s many ways of making a better service than what is offered today. what.cd & last.fm are just a few good services that one can make a new business model from… come on, its not lack of ideas that is the problem, its the stupidity of the music industry, period.

52 Jun 04, 2009 at 13:17 by DJ Sketch@1337x.org

@2
what business model would i suggest??? well for starters i wouldnt sue my customer base….that sounds like a bad idea right there….if some member of my family got sued by the entertainment industry, i would never again buy another dvd or cd ever, and no member of my family would either, second, instead of pissing and moaning about p2p and bit torrent, i would try distributing my stuff from bit torrent, roll with it instead of standing around crying and sueing to regain supposed lost profits….you people are a dying breed, hurry up and die already so we can stop living in the past…..bit torrent is the future, we dont need your overpriced overpackaged crap anymore, we can now try before we buy….and that has kept me from buy ing cd’s that universally suck….the last 2 metallica albums come right to mind.

hows that bro???? theres a new business model for ya….i call it the stop crying and start dying model….

53 Jun 04, 2009 at 13:26 by DJ Sketch@1337x.org

oops i meant @3 up there sorry

54 Jun 04, 2009 at 13:39 by Blackjesus@1337x.org

“hows that bro???? theres a new business model for ya….i call it the stop crying and start dying model….”

Here here as soon as the small minded old people die off to make way for the future and future technology they better

55 Jun 05, 2009 at 05:38 by Anonymous

@49:

So what did she(Madonna) or did she not make millions without selling a single CD?

It is not prove that is possible to do it or the millions are imaginary?

Or you are saying that she would never find success by any other mean without labels? which I find hard to believe.

56 Jun 05, 2009 at 11:45 by Anonymous

“Or you are saying that she would never find success by any other mean without labels? which I find hard to believe.”
—————

uh yeah retard, that is exactly what i’m saying. 99% of her career has been with big labels.

if you find it so hard to believe show me ONE artist whose achieved her success without ever being signed to a label.

otherwise, GTFO.

57 Jun 06, 2009 at 01:06 by Anonymous

56 – Jun 05, 2009 at 11:45 by Anonymous

So Mr. Jerk, if she never have had a label she would be a poor lady right? Because she couldn’t possibly make a tour without a label right?

How about the Arctic Monkeys who achieved fame and success thru the internet and fans then? are they a figment of our collective imagination?

Please GTFO LoL

58 Jun 07, 2009 at 01:42 by Anonymous

57 – Jun 06, 2009 at 01:06 by Anonymous

When was the last time you did see a politician make anything besides talk?

59 Jun 07, 2009 at 06:50 by BLOB

Who, Rajoy? HAHAHAHAHA!!!

What’s next? Dismantling the military industrial complex and open the borders? Meybe allowing homosexual couples to breed? XD

60 Jun 07, 2009 at 07:34 by BLOB

Your filter needs a bit more tweeking, TorrentFreak.

61 Jun 08, 2009 at 11:18 by Apie

@56 – Madonna would have needed record labels in the past, yes, because back then peer to peer didn’t exist.

Peer to peer is a much more powerful platform than record labels, when it comes to giving artists exposure.

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