The following text is excerpted from the book "Copy This Book" by David Bravo, which is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 2.1 of Spain, which appears as is described in the book.
Intellectual Property Seminar Learn
rid of that pesky common sense
Learn to correctly interpret the Criminal Code following the logic applied by the industry and considers that the reproduction, distribution and publication of intellectual works that give you any benefit or profit is criminal. For this practice with this simple test.
Following the industry interpretation of Article 270 of the Penal Code, choose which is considered more serious action: * * *
a. - Juan photocopy a page from a book.
b. - John gives a couple of punches to recommend your friend go see the movie "Charlie's Angels."
A:
more serious action from a criminal point of view would be the "a" as the reproduction, even partial, would be a crime a penalty of 6 months to two years imprisonment and a fine of 12 to 24 months. Punches, if not require medical or surgical assistance, would be only one offense under the provisions of Article 617 in relation to 147 of the Penal Code.
* * * A.
- Eight people exchange copies of their favorite music.
b. - Eight people were involved in a tumultuous fight using means or instruments that may endanger their lives or physical integrity.
ANSWER: It is less serious
participate in a fight to participate in the exchange of CDs. Participate in a tumultuous fight has a penalty three months to one year (art. 154 of the Penal Code) and the exchange would have a term of 6 months to 2 years (art. 270 Criminal Code). If one day you're forced to choose between participating in an exchange of copies of CDs or participate in a massive fight, always choose the second option, which is obviously less reprehensible.
* * * a. - Juan copy the last film of his favorite director of a DVD that pays his secretary Susan.
b. - John, using his superior at work, sexually harasses Susana.
A:
sexual harassment would be less punishment according to Article 184.2 CP.
a. * * * - Peter and Susan go to school and distributed among preschoolers copies of educational animated movies protected by copyright without permission of the authors .
b. - Peter and Susan will a school and distributed to preschoolers pornographic films starring and created by the couple.
A:
less severe action is to distribute pornographic material to minors under Article 186 of the CP The distribution of copies of material copyright would be a crime to be a consistent profit on savings achieved by avoiding payment of the original copies of which have been subject to distribution.
* * * a. - Alfonso you download a song from the Internet.
b. - Alfonso decides he prefers the original disk and going to El Corte Ingles by stealth. Once there, and not make two trips, choose to take an entire discography. The sum of the stolen does not exceed 400 euros. ANSWER:
download the song would be a crime punishable by 6 months two years. The theft of discography in El Corte Inglés not even be a crime but a simple fault (art. 623.1 CP).
* * * a. - Alfonso you download a song from the Internet.
b. - Alfonso going to steal from El Corte Ingles, as it goes hand in hand, takes fifty compact overall worth 1,000 euros.
A: It would still most serious Internet downloads. The theft would be a crime because it exceeds 400 euros, but would be less worth the download (Article 234 PC).
* * * a. - Sergio, with full use of his mental faculties, you download a song Malena Gracia.
b. - Sergio, a neglect of Malena Gracia, takes his car returning 40 hours later.
A: It would be more serious downloading. The use of vehicle theft is under sentence under Article 244.1 of the Penal Code.
* * * a. - Peter is recorded Flare VHS movie of his friend.
b. - Peter, irritated by dubbing the film, a mild threat to Veronica Forqué again demanding that he not do it anymore. Peter used a weapon in the threat.
A: The copy would be a crime and the threat, even with a gun, a single fault (620.1 PC).
* * * a. - Ramon, who is a joker, you copy your friend's latest album Andy and Lucas saying that he is the "Kill'em All" by Metallica.
b. - Ramon, who is a joker, leaving AIDS-infected syringe in a public park.
A: The second joke would be less severe under Article 630 of the Penal Code
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