Announced Friday as part of long-awaited reforms to Spain’s Intellectual Property Law, the rapidly-dubbed “Google Tax” would authorize search engines to run “non-significant fragments” of news, said Spain’s education, culture and sport minister, Jose Ignacio Wert.Spanish media would, however, have the right to “equitable remuneration for their use,” he added.In further innovation to Spain’s long-anticipated Law, Spain’s center-right Popular Party government also announced fines of €30,000-€300,000 ($41,010-$410,100) for operators of linking sites directing end-users to infringing content. It also committed to speeding up its ineffectual Intellectual Property Commission (IPC), created for the notice and takedown of unauthorized material.The new draft Intellectual Property Law comes only days after the International Intellectual Property Alliance (IIPA), a Washington-based trade assn. alliance, published its annual Special 301 Report, recommending that Spain should return to its Special 301 Watch List if copyright enforcement “fails to improve markedly in 2014.”...Attacking linking sites – which usher users to unauthorized content on cyberlockers, BitTorrent networks, P2P networks and streaming sites – the Spanish government at least strikes at the heart of Spain’s piracy eco-system in the IIPA’s eyes.“BitTorrent trackers and sites that index files on hosted servers are critical tools for users to locate infringing material: Without them, the scale of online piracy that occurs in Spain would not be possible,” the IIPA wrote in last week’s 2014 Special 301 Report.“These indexes and trackers are also often the only point of attachment for the jurisdiction of Spain’s authorities, since they are frequently located within Spain, but they direct users to files located in other jurisdictions,” it continued....Many Spaniards counter that they have not been able to access content easily, quickly and at a reasonable price.The robust recent success of pay TV giant Canal Plus’ YOMVI VOD site, – which now near day and dates U.S series with their Stateside bow and offers full seasons for binge viewing – would seem to bear them out.YOMVI’s active users near doubled in four months, sky-rocketing 96% from July to November’s 546,996, per Arturo Guillen, Rentrak VP EMEA.
So, the United States used the Special 301 list to scare Spain into passing a version of the DMCA, but theirs goes further by also claiming Google not only facilitates in copyright infringement but also commits it itself by posting links...like a Search Engine.
I just don't see how news aggregators and links can be illegal. And the EU Court agrees with me. See TorrentFreak.
Although that does not apply to filthy pirates based on this exception in the EU findings:
“Where a clickable link makes it possible for users of the site on which that link appears to circumvent restrictions put in place by the site on which the protected work appears in order to restrict public access to that work to the latter site’s subscribers only, and the link accordingly constitutes an intervention without which those users would not be able to access the works transmitted, all those users must be deemed to be a new public,” the Court writes.
Also, anybody remember back in the good days of like 2008/2009 when Spain said linking was fair game so long as it wasn't hosted...that is until they found themselves on the 301 Report and were subject to sanctions. It's funny how fast a government's mind can change when a bigger government threatens to withhold money.