Spanish Government Adopts Its Own Version Of SOPA: Sinde Law Approved

from the there-goes-a-reasonable-one dept

Well, this is unfortunate. Spain has been one of the few remaining countries that had fairly reasonable copyright laws. It was clear that liability is on the actual party doing the infringing, rather than third party service providers, which is why time and time again, Spanish courts found various tool providers to be legal when sued by the entertainment industry. Of course, this has driven the entertainment industry absolutely crazy. We've been hearing stories for years about how the entertainment industry was dead in Spain because of the widespread infringement. Just last month, MPAA boss Chris Dodd insisted that the film industry in Spain was "gone" because of infringement. As we pointed out, Dodd was making this up. The Spanish film industry is doing quite well and producing more movies than in the past.

However, the entertainment industry has been pushing this message about how infringement has killed the entire industry in Spain to US politicians and diplomats, leading the US State Department to go ballistic in Spain, demanding that the country change its copyright laws to please Hollywood. While this had been assumed ever since the new legislation was introduced, some of the State Department cables leaked via Wikileaks confirmed the US's deep involvement in pressuring the Spanish government to change its laws.

The revelation that this was really a Hollywood-driven law ramped up public opposition to the bill, and actually delayed it for about a year. The whole situation so pissed off people all around Spain, that even the head of the Spanish Film Academy quit that position to protest how bad the new law was, and how it was anti-consumer.

A month ago, a bunch of press reports suggested that the law, called the Sinde Law, after Culture Minister Angeles Gonzalez-Sinde, had been killed. However, many others pointed out that the issue had really just been punted to the incoming government, which appears to have wasted almost no time in approving the Sinde Law and putting in place a totally backwards and unnecessary law that was pushed by Hollywood by misleading people about the state of the Spanish film market. This, despite the fact that analysis from some economists determined that the bill would be very bad for consumers and artists alike (though it might help big studios in Hollywood).

All in all this is a pretty shameful sell out by the Spanish government to Hollywood. Even worse, Spanish Deputy PM Soraya Saenz de Santamaria is either naive or clueless in suggesting that this will "boost our cultural industries." It won't. It's actually about getting money away from Spanish cultural industries (which, again, are making more movies than ever) and sending it to Hollywood instead. Shameful.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: copyright, liability, sinde, spain


Reader Comments

Subscribe: RSS

View by: Time | Thread


  • identicon
    John Doe, 4 Jan 2012 @ 12:20pm

    No wonder other countries hate the US

    I usually don't give much credence when I hear about other countries hating the US. But it is times like this when I can see that just maybe they should. But then again, just because our special interests ask them to pass a law doesn't mean they should. Maybe they should point their anger at their own government?

    link to this | view in chronology ]

    • identicon
      Anonymous Coward, 4 Jan 2012 @ 12:40pm

      Re: No wonder other countries hate the US

      What I find really ironic is when citizens of other countries decry how ridiculous the U.S. copyright laws are, at the same time claiming that we're the only country stupid enough to pass such draconian laws... always talking down like it would never happen in their country.

      And then, bam, they pass the law first. One wonders if the arrogant U.S.-haters really understand what's going on around them, or if they'd rather just everything be us-vs-them.

      link to this | view in chronology ]

      • identicon
        Anonymous Coward, 4 Jan 2012 @ 1:22pm

        Re: Re: No wonder other countries hate the US

        I'm only playing devil's advocate here, but...

        Just like the U.S. government doesn't represent the opinions of the U.S. public, or just like the Hollywood Unions don't represent the opinions of the Hollywood Union Members...

        The Spanish government doesn't represent the opinions of the Spanish citizens. Besides, this is a separate, new party that's passing the law.

        link to this | view in chronology ]

      • identicon
        Anonymous Coward, 4 Jan 2012 @ 5:17pm

        Re: Re: No wonder other countries hate the US

        The law was passed by the new government which won the election. This government is similar to the right in the US and can explain why they pushed the law through so quick. It's not the people that wanted the law, if you'd take time to actually learn the facts around it.

        link to this | view in chronology ]

        • identicon
          Anonymous Coward, 5 Jan 2012 @ 9:16am

          Re: Re: Re: No wonder other countries hate the US

          What does it matter?

          If they have corrupt government just like we do, then they're just as stupid as the U.S. is.

          link to this | view in chronology ]

    • identicon
      Anonymous Coward, 4 Jan 2012 @ 8:41pm

      Re: No wonder other countries hate the US

      You would be surprised to know that Spanish people don't hate the US. It's just some propagandist making it up and generalizing it. Spanish people are just as nice as the US people and somebody just wants to create trouble. As we can see, they managed

      link to this | view in chronology ]

  • icon
    el_segfaulto (profile), 4 Jan 2012 @ 12:39pm

    Our bad

    Apologies to the rest of the world for us United Statsians letting our once proud nation become a pathetic cleptocracy where the only constituents that our elected officials are beholden to are the corporations.

    We have tried to fix things but the common people have their beer and circuses and as long as things don't affect them they don't seem to care.

    I'm not sure what's going to happen next but as income disparities increase along with social injustices, people are eventually going to realize what is going on.

    "Democracy is two wolves and a lamb deciding what to have for dinner. Liberty is a well-armed lamb."

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 4 Jan 2012 @ 1:07pm

    We must protect Spanish jobs by sending more money to American movie companies such as Hollywood!

    link to this | view in chronology ]

  • identicon
    anonymous, 4 Jan 2012 @ 1:07pm

    looks like the USA has gained another state, since laws that benefit US corporations are being implemented in Spain. i wonder how much it cost to get the law passed?

    link to this | view in chronology ]

  • identicon
    anonymous, 4 Jan 2012 @ 2:07pm

    so there are no more pressing problems in Spain than copyright infringement? i would have thought that, being a new controlling government, they would have wanted to get their own country sorted out first, rather than help sort out the USA entertainment industries. just goes to show the influence that can be be used

    link to this | view in chronology ]

  • identicon
    Anonymous Coward, 4 Jan 2012 @ 2:54pm

    Backroom Legislation

    It's scary to think the music and movie industries have such power that laws such as SOPA and PIPA are popping up everywhere. I don't know how they manage to have such influence, but all these laws appearing at more or less the same time is not coincidence.

    link to this | view in chronology ]

  • identicon
    Spanish, 4 Jan 2012 @ 6:46pm

    Correction on "Spanish film industry doing well"

    Being a Spaniard, that line made me laugh ... the film industry in Spain does well only because it is subsidized by the government ... nobody watches Spanish movies anymore (excpet Torrente, which is a clear sign of the cultural level the country is getting into ...) ... not even Almodovar films, who is more respected outside Spain than inside ...

    If the goverment stopped those subsidies, the Spanish film industry would not exist ... and we would not be missing much

    link to this | view in chronology ]

    • icon
      PaulT (profile), 5 Jan 2012 @ 1:08am

      Re: Correction on "Spanish film industry doing well"

      "nobody watches Spanish movies anymore"

      Data according to IMDB, 2 fairly recent titles off the top of my head:

      Cell 211
      Budget: $5,700,000 (approx €4.4 million)
      Gross (Spain only): €12,694,426
      US remake optioned for 2013

      [REC]
      Budget: €1,500,000
      Gross: $32,492,948 (Worldwide)
      2 sequels so far with one more in production
      Remade as Quarantine in the US, which also has its own sequel.

      Yeah, nobody's interested at all.

      OK, there's been a lack of really good mainstream Spanish releases this year, but Torrente's popularity is hardly a comment on the industry as a whole. After all, if it wasn't for Harry Potter, the #1 US box office hit of the year would have been Transformers 3 - hardly highbrow entertainment.

      As for Almodovar, etc., it's possible for the Spanish movie industry to be successful even if domestic sales are low. The fact that The Skin I Live In didn't make its money back in Spain alone does not mean the film is not financially successful.

      As ever the real problem is how you get to see the movies. No Netflix, no Redbox, no Hulu, no Amazon streaming, few options for either rental or purchase on DVD in many areas, and priced way too high for a country where most people have no disposable income, some people need to travel over 50km to get to their nearest cinema. These are the problems, not "piracy".

      link to this | view in chronology ]

  • identicon
    Rekrul, 4 Jan 2012 @ 7:51pm

    I keep telling people that the current situation with the entertainment industries is mirroring what happened in the middle ages with the Catholic Church. Just replace "heretic" with "infringer".

    link to this | view in chronology ]

  • icon
    Violated (profile), 5 Jan 2012 @ 2:26am

    Tainted

    It is nice to see that the millions of dollars of bribe money for US and Spanish politicians is doing its intended job.

    Sweet corruption at its finest. Congratulations to all those involved. Good job. Sic.

    link to this | view in chronology ]

  • identicon
    Dave P, 5 Jan 2012 @ 10:49am

    Good ol' USA - poking their noses, once again, into another country's business and seeming indulging in a bit of not-so-subtle blackmail in the process.

    link to this | view in chronology ]

  • identicon
    Benjamin Wilson, 17 May 2013 @ 10:35pm

    Given that the Sinde Law seems comparable to SOPA, I'm all for the protesting this anti-piracy law.

    link to this | view in chronology ]


Follow Techdirt
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.