Panama's Government One Step Away From Passing The 'Worst Copyright Law In History'

from the Panama's-copyright-office-also-one-step-away-from-a-new-'revenue-torrent dept

It looks as if Panama is set to pass what Andres Guadamuz (Technollama) called the “worst copyright law in history.” The 510 Bill grants the Panamanian copyright office the right to pursue filesharers directly and fine them up to $100,000 USD EACH with the money flowing directly back into the copyright office in the form of bonuses for the officials. None of the money flows to the rights holders and those who have been fined can still face civil action from those holding the copyrights. reports that Bill 510 has been approved by the Congress and is now awaiting approval from the executive branch. The Minister of Commerce and Industry, Ricardo Quijano, seemed pleased with its passage through Congress:

[Wi]th the implementation of this new Act, our country [Panama] is being upgraded within the international and global context.

Marcela Palacia Puerta (writing for queries whether the Minister's statement is correct:

Is the Minister of Commerce right? Are the international standards implemented by this Act? This Act gives extraordinary power to the administrative organism in charge of the registration, storage, monitoring and inspection of copyright, allowing it to impose fines on infringers, violating the general principles of law as “non bis in idem” and “presumption of innocence”. Can impartiality and justice lead a process of imposing fines, when the beneficiaries of the fines are the functionaries of the organism itself?

Puerta is right. No other country has given the copyright office this sort of unchecked power before. Granting itself the leeway to directly pursue infringers and add the fees collected to the bonus pool is unprecedented. To be sure, “international standards” are being implemented, many of them at the behest of the US government (itself acting at the behest of the MPAA and the US Chamber of Commerce). The worst parts of US copyright law were signed into effect late last year and Panama seems to have taken the “free trade agreement” as a jumping off point, rather than the illogical extreme it actually is.

Rather belatedly, Congressman Jose Blandon asked to make the Act public to “avoid distrust within the population about this law.” Well, it's the afterthought that counts, I suppose, but transparency means allowing the public to participate well before the final step of the legislation process. At this point, the bill is two-thirds passed and any input will likely be too little, far too late.

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Comments on “Panama's Government One Step Away From Passing The 'Worst Copyright Law In History'”

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Anonymous Coward says:

so actually, yet again, the USA is responsible for the people (of another country as well) getting shafted, good and proper. does anyone actually expect a single person to be accused then declared innocent, when all monies collected will go to the people making the accusations? of course not! the only difference between this and what happens at the behest of the US entertainment industries, is where the money goes. under neither scheme does anything go to the artists. had the entertainment industries used their feeble brains from day one, none of this shit would have happened at all. as it is, they have opened such a fucking great can of worms, one that they are going to be moaning about for ages now, that to put the lid back on is going to take a super-human effort from a lot of places!

Jason (profile) says:

Laws like this

Leave everyone with only one recourse.

If this passes everyone will have to delete all digital media they have and never buy/steal/use/download digital media ever again.

With the corruption certain to ensue with making the gatekeepers the judge and jury like this bill does, over time the chances that someone will be accused (rightfully or not) of infringing approach 100%.

This is a Wargames style ending to the content industry. With laws like this the only way to will be be to not play the game…..

DannyB (profile) says:

Do they need
(A) actual proof that
(B) a specific individual
(C) infringed (not fair use, authorized use)
(D) a specific copyright work
(E) of a specific rights owner/holder?

Or like the US / RIAA / MPAA is the mere accusation enough to make you a lifetime slave?

Or maybe they are even more enlightened and they don’t need no mere accusation. The mere thought is enough.

DannyB (profile) says:

Re: Re: Re:

Maybe they just come and take the fine from you without your knowledge, and don’t have to bother accusing you.

That is a more streamlined procedure than having to accuse first, let alone have actual nuisance court proceedings and have to bother with the inconvenience of presenting evidence.

The US already suddenly and mysteriously takes your domain name without your knowledge or consent. Why shouldn’t Panama take your money to pay the fine?

Anonymous Coward says:

Re: Re:

Worse. The copyrighted work does not have to be fixed anywhere for them to pursue you.
From Article 1: :Esa protecci?n se reconoce con independencia del soporte material que contiene la obra y no est? sometida al cumplimiento de ninguna formalidad.”
Meaning “This protection is recognized independently of the support material fixing work and it is not subject to any formality”

Therefore they can claim you have a copy of the song fixed in your brain (the proof is that you can sing it without help). (not trying to give them ideas…).

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