Piratería en España
Cable en el que EE UU identifica siete webs de descargas no autorizadas
En 2008, la Embajada informa de la localización de varios sitios piratas y se queja de que España está pendiente de las políticas de otros países
| ID: | 163969 |
| Date: | 2008-07-29 13:05:00 |
| Origin: | 08MADRID843 |
| Source: | Embassy Madrid |
| Classification: | UNCLASSIFIED |
| Dunno: | 08LONDON1814 |
| Destination: | VZCZCXRO8538 RR RUEHAG RUEHDF RUEHIK RUEHLZ RUEHROV DE RUEHMD #0843/01 2111305 ZNR UUUUU ZZH R 291305Z JUL 08 FM AMEMBASSY MADRID TO RUEHC/SECSTATE WASHDC 5185 INFO RUCNMEM/EU MEMBER STATES COLLECTIVE |
UNCLAS SECTION 01 OF 03 MADRID 000843 SIPDIS STATE FOR EEB/TPP/IPE JOELLEN URBAN STATE PASS USTR CHRIS WILSON STATE PASS COMMERCE DON CALVERT E.O. 12958: DECL: N/A TAGS: ECON, ECPS, KIPR, SP, UK SUBJECT: SPAIN: INTERNET SURVEY PROJECT REF: LONDON 1814 SENSITIVE BUT UNCLASSIFIED 1. (SBU) Summary: After consulting with rights-holders, the Embassy has identified seven main websites as most likely to be used for the purpose of uploading and/or downloading copyrighted materials considering accessibility, ease of download, and anonymity. Based on what we have found, it is fairly easy for Spaniards to obtain access to pirated media over the internet. Internet user anonymity remains a large legal obstacle in the enforcement of Spanish piracy regulations. Negotiations between Internet Service Providers (ISPs) and content providers have aimed to address this issue in recent months as part of a larger effort to stem internet piracy. Spain also continues to look towards the examples of neighboring countries in making decisions on internet piracy policy. Our overall assessment is that there is extensive illicit copyrighted material available for Spanish consumers, although we make no judgment regarding whether there is more or less such material available for consumers in other countries. End Summary. Embassy Internet Project ------------------------ 2. (SBU) Spain has a major internet piracy problem. The country was placed on the Special 301 QWatch ListQ in 2008, largely because of this issue. The purpose of this project is to evaluate the nature of pirated content marketed to and available to the Spanish consumer, and to attempt to determine the facility which with Spanish nationals can acquire pirated materials over the internet. Online music and movies are the primary focus of this project. Due to the growing number of Spanish households with broadband internet access, in addition to the availability of efficient playback software, music and movies have become the primary concern with respect to online pirated materials. This project was carried out with the aid of several organizations from the movie industry, music industry, and intellectual property rights groups in Spain. Among those who provided information on questionable web pages were the Motion Picture Association (MPA), the Federation for the Protection of Intellectual Property (FAP), General Society of Authors and Editors (SGAE), and Producers of Spanish Music (Promusicae). 3. (SBU) With the information provided by these Organizations, the Embassy identified seven main websites as most likely to attract Spanish consumers considering accessibility, ease of download, and anonymity. Three of the webpages have been identified for downloading movies, three for downloading music, and one page, www.vagos.es, has been noted by all of the above mentioned content provider organizations for its movie and music download popularity. (Note: The Embassy surveyed these websites but did not actually upload or download any material.) 4. (SBU) The websites appear mostly to be operated out of locations in Spain. Technically, it does not matter where they are located. However, rights-holders have told us that, in theory, it should be less burdensome from a legal standpoint to block consumer access to sites operated from outside Spain.) Movies ------ 5. (SBU) www.elrincondejesus.com is a traditional webpage based in the northwestern Spanish region of Galicia. This page offers download links from various P2P systems including eMule and BitTorrent. One must, however download execute applications that access the P2P networks specified in order to download content. In order to access download information, users must register with the web page and login. Registration information includes: nickname, email address, password, occupation, country, postal code, sex, year of birth, and sector of employment. 6. (SBU) www.fase6.com is a traditional webpage with links to streaming video online. Movies do not have to be downloaded and can be viewed almost instantly, depending on the internet connection available. This page uploads movies daily, popular new and old releases and targets Spanish audiences. This site is very easy to access. There is no need to sign in, log on, or provide any information in order to access 100 percent of the content. Users just have to click on the link and the video starts to play. MADRID 00000843 002 OF 003 7. (SBU) www.sharemula.com is a page based in the southern Spanish region of Andaluca that offers links to a variety of media on the eMule P2P network. Types of media include software, music, movies, and eBooks in PDF format. Upon registration, users have access to links available for download through the eMule application. This page uses P2P networks to facilitate movie downloading. The content on this site is more difficult to access because one must both sign into the webpage with a login and password and additionally download and execute the eMule application in order to acquire pirated content. Music: ----- 8. (SBU) www.elitemp3.net is a traditional webpage. Upon login, users have access to a variety of full music albums. The siteQs selection includes American and Spanish albums, but its language and themes suggest the site is geared towards a Spanish audience. The availability of songs and albums for download can be viewed by any internet user but download links and physical downloads are only available to registered users. Registration information includes: username, password, email address, country, postal code, age occupation, and sector of employment. Users are also given the option to join various email lists. According to Promusicae, this site contains 3537 albums, has 263,342 users, and 6,600,000 downloads. In 2008, Promusicae reported that charges have been pressed against this site. 10. (SBU) www.ddr.mforos.com is an online message board. This site also offers access to movies, series, etc. in addition to music. The site was however originally noted for music piracy. The music section of the site contains threads for various albums, both Spanish and English. Upon entrance into the thread, a listing of songs on the album and a link to a Qone- click hosting siteQ (pages that store large-size files for their users, i.e. Rapidshare.com, Megaupload.com) appears. According to Promusicae, this site contains 3000 albums, has 70,964 users, and has been visited over 21,000,000 times. 11. (SBU) www.posteando.com is an online message board with various themes including video games, software, literature, and multimedia. The multimedia section of the site contains both movies and music for download. The music section is organized in a manner where each thread specifies a download link for a certain album or song. The music section of the page also contains a thread where users can request download links from other users. Any internet user can view the locations of the content in question. It is necessary, however, to have a profile to post on the forum and thus be able to both post links and ask for links. According to Promusicae, this site contains 5000 albums and currently has 65,729 users. Special Note ------------ 12. (SBU) www.vagos.es has been noted by both music and movie industry representatives as well as intellectual property rights organizations in Spain. For this reason, it receives special attention as a notorious provider of pirated materials of several kinds to its users. This site is an online message board based in the Balearic Islands. Music and movies are just two sections of the site. Other sections include general discussions about sports, humor, cars, and technology, and do not always contain pirated material. The music and movies sections include links uploaded by users of the site. Links are mostly to Qone-click hostingQ pages such as Megaupload and Rapidshare. Visitors who have not signed up with the web site are only able to view one post from one message board, therefore only having access to download one piece of media. In order to see more than one message, users must register with the web site and login. Information needed to register includes: name, password, email, country, postal code, sex, occupation, and industry. Analysis: -------- 13. (SBU) After a general review of each of these internet pages, it is clear that it is not difficult for Spaniards to obtain access to pirated movies and music over the internet. In addition, users can usually do so anonymously. Most of the pages visited required the provision of a user name and email address, from neither of which could a true identity be verified. However, rights-holders have told us that this should not be an insurmountable obstacle to restricting service to MADRID 00000843 003 OF 003 internet service subscribers suspected of trafficking in copyrighted material, i.e. rights-holders can provide suspected IP address detectors without knowing the name of the person behind the address. In theory, this should provide a way for ISPs to limit or eliminate service to internet service subscribers without breaking Spanish privacy laws, although they do not appear to be convinced. Additionally, the fact that pirated materials sometimes appear on sites that are mainly geared towards discussions on lifestyle and leisure (www.posteando.com) poses an additional risk to rights-holders in that some internet users otherwise unlikely to seek pirated materials may opportunistically download pirated products through these sites. The QlifestyleQ sites are geared mainly towards teens and adults in their 20Qs. Popular music and movie titles found on these sites are rarely more than twenty years old. This fact, especially in regard to music, points to the fact that the majority of both uploaders and downloaders fall into the age groups specified. The organizational structure of media downloading in Spain seems to be dominated by independent sites that allow users to post links, or more simply instructions, on how to download the content from a third party. The third party download sources generally fall into one of two categories: one-click hosting sites or peer-to-peer (P2P) applications. The most common P2P applications among the sites reviewed are eMule, which runs on the eDonkey network, and BitTorrent, a P2P system that allows users to share the costs (hardware, memory, download time) of uploading and downloading content. The most common one-click hosting sites were Rapidshare and Megaupload. These sites offer users to upload large size files onto their network space and make the files available for download to other users. While these sites are meant for personal use and legal sharing of non-copyrighted material, they are being used by a growing number of people to distribute pirated content. Comment: ------- 14. (SBU) After a number of years of increasing complaints from rights-holders about internet piracy, the Embassy thought it would be valuable to try to see what is available to Spanish consumers. From our survey of the internet, it is clear that rights-holders have a point. Access to pirated material over the internet does appear to be quite extensive. We make no judgment as to whether more or less illicit content is available in Spain than in other major economies, only that such content is indeed available here. Moreover, a generation of Spanish internet users has become used to using the internet to access movies and music, some of which is legally available over the internet, but much of which is not available legally through the internet. Rights-holders sometimes describe the Spanish government and ISP pressure on content providers to offer legal internet alternatives as a Qred herring.Q In part, they may be right. We suspect, however, that any deal between ISPs and rights-holders or any new legislation aimed a protecting copyright over the internet will have to include an element of more legal alternatives, much as was described in reftel in the case of the United Kingdom. AGUIRRE |
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