Although there are already several months since “the war against the pirate IPTV” began, it has been in recent weeks when this battle has been intensified, and when LaLiga has been mostly noticed with its efforts to Finish the links and platforms issued by the matches without having paid for the issuance rights.
While everyone agrees that piracy is not a good thing, the direction that is taking the maximum football competition of our country is generating a lot of controversy because LaLiga, led by Javier Tebas, It is carrying an indiscriminate block against all IPTV, whether legal or not.
This organism has accused platforms such as Google or Cloudflare as “accomplices” of these illegalities for being the channels from where pirates broadcast these games, and therefore these pages have suffered blockages that have prevented them from working normally suffering Interferences, cuts and other problems to users who had paid to see football or even other content that had nothing to do.
For that reason Many people are questioning the legality of these actions, and how it is possible to pay fair for sinners. To respond to the doubts of the thousands of affected users, the lawyer Javier A. Maestre, published the other day an analysis entitled ‘The Affaire Cloudflare’ explaining in detail the legal situation of this situation.
The lawyer explains that to carry out these indiscriminate blockages, LaLiga is covered in art. 138 and art. 139 of the Intellectual Property Law (LPI)which establish that the holders of the issuance rights can directly demand service providers instead of direct offenders.
However, the expert points out that with this procedure The opportunity to defend themselves is not being given to those affectedwhich violates freedom of expression and information (art. 20 of the Constitution) as of the right to effective judicial protection (art. 24 of the Constitution).
Yes ok the regulations in which they are protected that they are urgent precautionary measures, because they needed a court order before and at the time they obtained the retransmission, it had ended what made this measure quite ineffective. However, the lawyer finds that This new solution is “doubtful constitutionality” Because as the National Court points out to execute the blockade It is required that “there is a finding of the existence of infraction”, that is, evidence that they are broadcasting football in pirate.
However, the modus operandi of LaLiga has been to block any website or link that cloudflare used, and the problem is that the vast majority of these are legal and have nothing to do with football. For all this, the lawyer points to a possible violation of several fundamental legal principlesin addition to the fact that the law obliges to notify the judicial resolutions both to the parts of the process and to those who could be affected by them, which until now has been done.
#lawyer #LaLiga #blockages #pirates #clear #legal
