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Billions of dollars in revenue estimated to be lost

The U.S. has the lowest piracy rate in the world, but globally nearly $50.1 billion dollars has been lost to piracy.  As  illegal downloads become a growing problem worldwide,  individual countries may determine that they do not share the same issues and concerns.  

In the U.S. producers of the movie, "The Hurt Locker” are tackling the issue of piracy by suing filesharers who downloaded torrent versions of the movie. India is taking steps to fight the U.S. ACTA Piracy pact on what they believe to be stringent restrictions, while Spain is finding that it has to get tougher in its efforts to combat piracy.

A new report published June 1 from IDC Research Iberia claims that over 95 percent of music in Spain is pirated. The report indicates that the country lost $6.3 billion in the second half of 2009.  It is estimated that the country lost about $12 billion dollars for the entire year.

The study was commissioned by the Coalition of Creators and Content Industries and targeted music, film, video game, and book distribution. The final results indicated that 95.6 percent of music obtained online in the country was pirated. Pirated films were estimated at 83.7 percent while video games came in at 52.3 percent.

Nearly 6,000 internet users in Spain were surveyed for the study.

"The real figures are even worse," says Coalition president Aldo Olcese, who believes that internet users under the age of 16, presumed to be the most frequent illegal downloaders, were not included in the study.

Anti-piracy legislation, called the Sustainable Economy Law, is expected to be rolled out after the summer in Spain.

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RE: um what?
By xler8r on 6/3/2010 1:31:38 PM , Rating: 0

RE: um what?
By heffeque on 6/3/2010 9:14:55 PM , Rating: 2
Also, the title of this article is WRONG :

Sharing copyrighted material via P2P is 100% legal in Spain.

An example:

Oh, and as for the new law that the government wants to pass... layers here are saying that they'll sue Google, Bing, etc if they do pass it, because they facilitate links to P2P stuff too.
Taking into consideration that Google has 99% of internet searches in Spain, it would be interesting/funny to see Google get cut off in Spain because of some retarded law.

RE: um what?
By samspqr on 6/4/2010 4:16:27 AM , Rating: 3
I'm afraid you're not right: it's not a felony, but it's not legal either; they can't take you to jail, but you are liable for civil responsibility... in much softer terms than what we've seen in the US, anyway (so much that copyright owners have never law-suited anyone over this, to my knowledge)

we pay a tax ("canon") on all recordable media (CDs, DVDs, MP3 players, and now even hard drives), even the ones that will be used to store our own material (photos, personal work, etc), and that gives us the right to make personal copies of any copyrighted material; since 2006, though, the law requires that you make your personal copy from a legally-accessed copy, and personal copies cannot be lent, so most P2P is outlawed (you can't lend personal copies, not make your own from other people's personal copies)

renting a movie and getting a copy for yourself: 100% legal
getting a book from a library and making a copy for yourself: 100% legal, as long as you make the copy yourself (we also pay a "canon" on scanners)
making a copy for yourself out of your sister's original CD: 100% legal
making a copy for yourself out of your sister's personal copy of a CD: not legal (though not a crime either)
P2P: grey area, at best

RE: um what?
By tastyratz on 6/4/2010 11:04:34 AM , Rating: 2
This intrigues me. For the benefit of all the readers other than myself as well do you have any links to supporting data or documentation breaking that down you can post here?

RE: um what?
By samspqr on 6/4/2010 6:44:02 PM , Rating: 2
it's the bit of the law that's been posted just below this, I'll go on posting down there

RE: um what?
By heffeque on 6/4/2010 12:42:52 PM , Rating: 2
P2P: Gray area? that's what the SGAE (the equivalent of the RIAA) and their friends from the government want people to think.

In practice P2P isn't a gray area at all, or at least that's what judges have been saying for years now.

"but it's not legal either"

Either it's legal or it's not. And no, in Spain people are NOT liable for civil responsibilities for sharing copyrighted material.

Here's the law:

Artículo 31. Reproducciones provisionales y copia privada.

1. No requerirán autorización del autor los actos de reproducción provisional a los que se refiere el artículo 18 que, además de carecer por sí mismos de una significación económica independiente, sean transitorios o accesorios y formen parte integrante y esencial de un proceso tecnológico y cuya única finalidad consista en facilitar bien una transmisión en red entre terceras partes por un intermediario, bien una utilización lícita, entendiendo por tal la autorizada por el autor o por la ley.

2. No necesita autorización del autor la reproducción, en cualquier soporte, de obras ya divulgadas cuando se lleve a cabo por una persona física para su uso privado a partir de obras a las que haya accedido legalmente y la copia obtenida no sea objeto de una utilización colectiva ni lucrativa, sin perjuicio de la compensación equitativa prevista en el artículo 25, que deberá tener en cuenta si se aplican a tales obras las medidas a las que se refiere el artículo 161. Quedan excluidas de lo dispuesto en este apartado las bases de datos electrónicas y, en aplicación del artículo 99.a), los programas de ordenador.

So basically... it's not considered piracy unless it's not for private personal use. You can brake it down to: if you don't earn money with what you download then it's totally legal.

So there you go =)

RE: um what?
By samspqr on 6/4/2010 7:17:04 PM , Rating: 2
first, there are many things that are not legal but are not crimes either, like parking in the wrong place: they can charge you money for that, but they can't take you to jail (no es legal, pero no es un delito penal, es un ilícito civil)

apart from that, yes, that's the piece of law I was talking about; I'm glad to see I'm among knowledgeable people here, most people in Spain wouldn't know about it, apart from the usual noisy legends

as I understand it:

* the first paragraph says P2P is allowed, as long as the uploader has the right to distribute that stuff, and the downloader has the right to own that stuff, or if you are just an intermediary in a data transaction and there's no money around (you're not liable if bits of data temporarily go through your system as part of a P2P network)

* the second paragraph says you have the right to make your own private copies of copyrighted materials, as long as you make the copy yourself, from legally accessed works, and don't earn any money from them

these private copies are for your own personal use, and cannot be lent or shared, so you can't upload them through P2P; you can upload originals (if you're not getting any money, directly or indirectly, say through ads), but not private copies

the other key point in the P2P debate is that in 2006 they changed the law to include the "legally accessed works" bit; before that, if the uploader was uploading illegally, my copy was still lawful; now, I think, if he doesn't have the right to upload, then I don't have the right to download, because that wouldn't be "legally accessed works"; this makes 99.99% of P2P unlawful; you could try to spin it to infinity saying you thought your peers had paid-for originals, but I doubt you would get far with that argument

the copyright owners' association (SGAE), though, is not prosecuting anybody over these terms yet, so everybody feels safe; but that doesn't make P2P legal (they've gone after direct download sites, and won, and after link sites, and lost, even on the "illegal but not a crime" count, so linking is totally legal, but that, still, doesn't make P2P legal)

the very, very funny part is that the law also says that, as you have the right to make personal copies of copyrighted materials (except computer programs and databases), but some of those come with DRM (DVDs, and now most CDs), the owner of the copyright has the obligation, if you ask for it, to provide you with the tools to make your own personal copy; not that I'd want to check how they manage these requests...

RE: um what?
By samspqr on 6/4/2010 7:18:26 PM , Rating: 2
disclaimer: I'm an economist, not a lawyer, but I've read the law, and I've followed the trials

RE: um what?
By samspqr on 6/4/2010 7:32:01 PM , Rating: 2
just one clarification more, on the link you posted: it is true that link sites are legal, and that P2P networks are legal

but uploading or downloading copyrighted materials on P2P networks is not legal (in 99.99% of cases, see big post above)

so yes, and no

"A lot of people pay zero for the cellphone ... That's what it's worth." -- Apple Chief Operating Officer Timothy Cook

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