Actions against piracy on the web are exception in Brazil, lawyer says

23 February 2012 | In Computer & technology | 203 views | By

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 pirataria exceo brasil advogado

The episodes of fight against piracy gained international prominence in recent weeks. The discussion on the Bills Soup, Pipa and Acta and the closing of the file-sharing site Megaupload, that caused the arrest of its founder, Kim Schmitz, loose this Wednesday, showed that the industry is closing the siege against copyright infringement via the internet. But what is the situation of Brazil in this discussion? To the right specialist digital Omar Kaminski, actions against sharing and downloading music and movies are the exception in the country.

Os dois temas main no combate à pirataria no Brasil são contra a violação de softwares e a apreensão de CDS e DVDs piratas”, says lawyer. For him, the current copyright law of Brazil is still “analog”. “Our copyright law is 1998. There was no internet bandwidth quality that prevesse downloading and file sharing as occurs today”, says.

According to Professor of Intellectual Property of Mackenzie University in São Paulo Juliana Abrusio, the laws that exist today deal with online piracy in the same way that physical media. “Today's legislation is sufficient, Despite criticism that it is too prohibitive. The problem is that it is outside the context of technology of information”, says.

Kaminski believes the Country has “very few” actions in Justice against end users for downloading illegal content. “So that a process be legitimized, the complaint is necessary and somehow confirm and monitor this suspect to enter an action”, says. “Are model cases, We are experiencing the judiciary, a laboratory to test the limits of the legislation”, evaluates.

Among some of these cases is the first arrest of a user who shared music over the internet. In 2003, a user from Curitiba who owned a music catalogue on the web was accused of charging a monthly fee to download or sending CDs with the works recorded for the customer's home. He was released a week later, After bail, and the process has just prescribed by Justice in 2009.

Another action against online piracy is currently underway in the country. In 2008, an association that brings together companies from the Phonographic Industry filed a lawsuit against the distributor of software P2P file sharing client, by placing ads in the program. In the case, that runs on secrecy, record companies accuse the existence of indirect profit with advertising, and he may be required to pay damages.


According To Kaminski, the country has an ongoing draft law discussed in Ministry of culture and Civil House for handle best of internet environment on copyright. The text, well advanced in the lawyer's opinion, parked and not yet turned into Bill. “We need to go back a part of the whole legal system. Laws are needed which satisfies international conventions and treaties, but we have to review the exceptions and for which cases will fit the chain”, says. “But esbarraremos in difficulty and almost impossible in practice to enforce these laws, as is already the case today.”

In current laws, users who download copyrighted content can be punished under the criminal and civil spheres. Download an intellectual work without payment to the author, for example, not constitute crime, but may require the payment of an indemnity. Already the commercial use of these works, with the objective of making a profit, can lead to a penalty of two to four years of prison, According to lawyer Juliana Abrusio.

A Associação Antipirataria Cinema e Music (APCM), entity that brings together film and phonographic industries in combating copyright infringement in Brazil, claims on his website that the internet piracy includes from downloading and sharing movies and music through the production of subtitles and its availability on the web.

The body has a specific department which makes the monitoring of sites where if offers content without protection the intellectual property. The latest figures released by the Association, of 2010, show that it was requested the withdrawal of more than 1,3 a million links to movies and music. Among the content removed by the providers were 24 thousand illegal content available through torrents sites (P2P), 255 a thousand blogs and 55 thousand posts in social networking forums.

New models

Both Kaminski and Juliana, the content download over the internet is entering into the culture of the population. “The internet is a medium. The most important is how the technology always somehow became a villain to copyright holders: Since Guttemberg with prensa, After the photocopy machine, the VCR and now the internet”, She States. “One cannot punish the Middle, as was the case of Soup. Have to think of a new business model, How did Apple with iTunes”, claims Attorney.

Kaminski evaluates the situation by the same path. “The great cat leap in these situations would be copyright the possibility of withdrawal of content at the request of the author, or that the author agree that the content is replicated with any chance of winning, having greater control over the work. We have to think of new ways to remunerate the author in order to encourage you to continue producing”, afirma. For him, In addition to the key issue is to rethink the business model of the music and film industry, the constitutional question is, and who should ultimately decide are the authors. “Everybody sees that beginners artists making a difference, working on social networks. But most of them are still confusing”, diz.says

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