PERSPECTIVES ON THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS THROUGH ILLEGAL DOWNLOADS

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José Carlos Espigares Huete

Abstract

Copyright infringement in cyberspace is an issue of extraordinary interest that has aroused serious concerns. In fact, because of the unusual profiles that cyberspace presents, it provides a window of opportunity that is conducive to infringing copyrights. The digitilization of a wide range of works, their communication, and the structure of the network has a decisive influence on the exercise of these rights. This is what happens, for example, with practices that involve illegally sharing files over the internet. Our regulatory framework, whose ultimate goal is to eradicate these behaviours, must be effective in their prevention, pursuit and punishment. But to date, the experience in Spain has brought to light the difficulty in reducing these types of behaviours, which is precisely the point that we would like to reflect on. Since, in our opinion, the owners of intellectual property rights can expect a more reassuring panorama in Spain in relation to direct claims against users who illegally download protected works.

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