Bypass the Canon Digital SGAE

Via: The world

The National Court has declared void the regulations governing digital canon since 2008 ( read the judgment in PDF ). This ministerial order now established digital media suspended subject to payment of the levy for private copying and the amount to be paid by each of them.

The Board of Administrative understood that the order in which they operate is a regulation and therefore require specific approval formalities for supporting and economic reports and an opinion of the Council of State did not. It is therefore affected radical vice.

Was rejected also the claim that the proceeds be returned by the charges for lack of jurisdiction.

Servimedia explains, judges have taken this decision to the appeal submitted, among others, the Internet Users Association against the joint order of the Ministries of Culture and Industry introduced the digital canon. This appeal was filed after the request of the Court of Justice of the EU to change this rate.

The AI claimed in its appeal that the digital canon "establishes an unwarranted abuse on consumers and financial privilege discriminatory in favor of the private sector."

A controversial measure in question and

The digital canon was established in 2008 and also followed the controversial canon of the CD . Its aim is to implement a European Union directive which allows to compensate authors for copies for private, non-profit they can make private. In this case, the Spanish government, free to legislate, taxed from music to portable USB drives and even scanners.

For two years, this legislation has been running smoothly. But in recent months has faced numerous problems. Before the decision of the Court, the Court of Justice of the EU and had placed against the digital canon . According to his opinion, the digital canon is indiscriminate and does not respect the concept of "fair compensation" or the "right balance between those affected," and set the policy that responds to the regulation of compensation for private copying through the canon. However, this resolution is not mentioned in the current judgment of the Court.

Less than six months after the judgment of Europe was a Spanish court which ruled against the rate . Thus, the Barcelona Provincial Court acquitted a defendant company by SGAE for not paying the fee-paying manufacturers have even moved to users in the final price-because it was impossible to determine which media companies were sold to what individuals.

That is, according to this decision, the fee is to be applied only in the media that are intended for private copying, but not the rest. Thus, the final recipient must be an individual and businesses would be exempted. In fact, it would be possible, though complex, devoluución any company claiming the canon . Although every case, the buck is now in the court of the Government, because after the adoption of the 'Law Sinde' Moncloa pledged to change the digital canon.

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