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SCANNING AND UP BOOKS ARE NOT TO INTERNET CRIMES CRIMINAL JUSTICE FOR ARGENTINA - Copyright - CRIMINAL LAW VIOLATIONS Case 11723 Potel
Criminal Justice Instruction No. 37 dismissed the crime of art. 72, inc. a) of Act 11.723 to Professor Rubén Horacio Potel, in Cause No. 57.627/08, blocked the November 13, 2009, to understand, consistent with the opinion of the opinion of the Office of Instruction No. 49 - that offering formats PDF via Internet sites and www.heideggeriana.com.ar www.jacquesderrida.com.ar (created by the defendant on May 27, 2005) textbooks Jacques Derrida and Martin Heidegger, without express permission of the editor or author and any previously scanned. For it was founded that "the proceedings in the case does not overcome the required objective criminality trial for criminal accusation made." Also added that while "the transformation of the original texts to digital format ... could fall on the tenet of" reproduction "... not true in relation to the offer from the Internet pages of incur, where the action create a new copy is produced by the person accessing the site and begin downloading the computer file. And in this sense ... the only contribution Potel cooperation could be seen as alien crime, as it has not been able to determine whether or not discharge of the works being reproduced. In turn, it was understood that although the behavior of Potel "can easily be subsumed within a set of criminal fraud for reproduction of published works without permission from their rightful atuor or-the same ... has caused a real insult to legally protected by the rule, since not all minimally is capable of achieving these ends, love that "negligible involvement might be the heritage of the owner of the work, do not enable the severe criticism of the retributive justice."
With this ruling hierarchy has been preserved and the right of access to information and knowledge on the part of the citizenry that is well above the subjective right of reproduction of authors when run as in the nonprofit and teaching purposes.
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