The government goes back to its old ways and develops a draft digital canon to record physical content and now also streaming platforms such as Netflix or Spotify.
There are no two without three. It seems that with two declarations of unconstitutionality to the digital canons there has not been enough and now they are going for the third ... and we already know how it will end. The PP again wants to establish a canon for hard drives, SSDs, SD memory cards, printers, optical drives, USB sticks and the like. This new canon would extend this canon to any video streaming platform, which are now legal, such as Netflix, Amazon Prime Video, HBO Go or Spotify.
The update of this canon, which has been leaked in draft format, by the Internet Association, which would introduce an imposition on platforms that offer digital content in a LEGAL FORM. I wish that was all. They leave the door open for copyright management entities to manage this collection. Faced with the reduction in income from the sale of physical format content, wanting to obtain income from legal platforms that offer content through the internet, such as Netflix or Spotify.
We must say that the concept of private copying is something quite relative and in the digital age this fact becomes more diffuse, if possible. The copied files are actually binary combinations of ones and zeros, which according to the law are completely legal, as long as they will be an identical copy of the original. These limits would now be the following:
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a) That it is carried out by a natural person exclusively for their private, non-professional or business use, and without direct or indirect commercial purposes.
b) That the reproduction is made from a legal source and that the conditions of access to the work or service are not violated.
c) That the copy obtained is not the object of collective or lucrative use, or of distribution by price.
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The first canon, from 2003, was totally absurd and unfair in the past and to return with this fourteen years later, it is something totally anachronistic and absurd and even more intense to record legal content platforms like Netflix. File copying, with digital platforms that have a very extensive catalog for a reduced monthly fee, opt less and less for physical copying and storage, making this fee absurd.
It should be noted that as can be read in section 'B', devices such as smartphones, computers, tablets or SmartTVs that have Netflix or other digital platforms that allow the reproduction of any content. The most absurd thing is not that the storage of the content for later reproduction is penalized, but the reproduction of any content, from whatever source.
We return to the same old thing, a canon created by authors and copyright managers, such as the SGAE, to force us to pay for content that we already pay for, come on, what would be a repayment, something that we have already seen in other elements of our daily lives, like medicines. If this becomes applicable, we should save the invoices for everything, since when they re-declare this illegal fee, we can claim what they have charged us more.