Tuesday, May 10, 2011

The legal situation of Taringa explained by their owners

Many will know at this point the situation faced today Taringa. That is why we want to explain the facts clearly as we always do our work defending and explaining the potential damage that this process could lead to Internet freedom in our country.

By 2009, Argentina's House of Books, the publishers Astrea, La Ley, Rubinsal and Associates, Ediciones de la Flor SRL, Ediciones La Rocca SRL, SRL Publishing University, Gradi SA promoted a complaint against Taringa! and elsewhere for alleged violation of law 11,723. The original complaint was not successful in a prosecution, and could only proceed, after an appeal denied.

Maybe not all of our users know that does this processing, which is why we feel good a brief, and get some clarity on how much (or little) that is being reported in this issue: Processing is a judicial body that terminating the investigation stage, facing the elevation of a criminal trial. Overall processing judges indicates that there are elements to justify a trial

What happened so far?

We try to hold because they hold the middle of the instrument without stopping to repair that we have not committed any conduct punishable by law. The House confirms processing from the alleged criminal involvement in criminal acts by Art 72 of Law 11,723, equivalent to arguing that as managers of a web site we guarantee to the conduct of our millions of users. This affirms the indictment of first instance to try to explain the operation of this website "This action has enabled allowing users to publish links to download copyrighted works without that power ... was avoided." Omission is passing on the control without repair even if such control is possible (this is the real discussion should be considering in justice), and then concluded in the criminal involvement (yes, you read correctly, criminal) for failure to criminal conduct that can only be accomplished by "commission", ie taking it forward.

Under this logic also accuse the providers of Internet, search engines, to blogs, social networks, etc etc. without whose participation would not have offense possible. There is a minor detail, because there is a discussion on Drop but extends to all who partake of the internet and social networks.

Is the state that is responsible for the prosecution of perpetrators, and is also the copyright holders to whom the law gives them the tools to protect their works. As administrators of a website can not replace the one nor the other, we can not investigate the fate of each of the 20,000 post received daily, searching the vastness of the Internet, eventually determining the lawfulness or unlawfulness of what is there are.

This failure suggests the lack of knowledge and research that exists in our justice on the Internet and the profound impact it poses to the web of legal relationships in our world today. It is necessary for our users know we expect the trial to defend and stand up for what we believe. What is here is resolved will be critical for all of us on the Internet.

We trust that in that time then we'll know Justice judge on the basis of what we have done and is prohibited by law, as it is at risk the future of the Internet as we know it today, the future of content, the access and all the tools we use every day to work, to entertain, to inform us.

Source Taringa

1 comment :

Amy said...

I think that internet business nowadays cannot be controlled. And I like websites like taringa because if you are alone in some place, you can watch a video and avoid getting bored. When I was in Argentina, I stayed in one of the apartments in Buenos Aires that are offered and at nights I felt kind of lonely so my solution was to download a movie from Taringa and wait till the following day!