[ANSOL-geral] Leitura interessante sobre a campanha de pressão da ACAPOR

Rui Maciel rui.maciel gmail.com
Segunda-Feira, 5 de Novembro de 2012 - 18:58:38 WET

Dr. Strangelaw or: How Portugal Learned to Stop Worrying and Love P2P

On January 5, 2011, representatives of ACAPOR (a Portuguese association 
representing commercial retailers of cultural and entertainment works), 
wearing t-shirts with the slogans “piracy is illegal” and “1000 
complaints per month”, filed a petition with the Prosecutor General’s 
Office (“PGO”) giving notice of the practice of 1000 acts of alleged 
usurpation of authors’ rights via peer-to-peer (“p2p”) networks by 
unknown individuals. Said petition was supplemented in April 2011, with 
notice of a further 1.000 acts.

Following an Opinion by the PGO (“PGO Opinion”), the Department of 
Investigation and Penal Action (“DIAP”) of Lisbon decided not to file 
any criminal charges in relation to the notices; an integral copy of 
this decision was made available online by a main Portuguese newspaper 
on September 27, 2012 (“Decision”). The PGO Opinion has not been made 
available to the general public, but this blogger has been able to read it.

Both the PGO Opinion and the Decision are significant insofar as they 
qualify all acts of download occurring in a p2p network using BitTorrent 
software as privileged under the private copying exception, raise the 
possibility that some acts of upload are covered by the same exception, 
seem to impose additional requirements for the criminalization of acts 
of upload within such networks, and state that IP addresses are 
insufficient as evidence to identify an alleged infringer. Furthermore, 
the PGO Opinion can be understood as setting forth the position of law 
enforcement authorities in Portugal for future similar cases of 
copyright infringement online, as well as regarding the scope of the 
private use exception.

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Rui Maciel

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