Jean-Jacques Rousseau, "Discurso sobre el origen de la desigualdad entre los hombres"
1.- República Bolivariana y República Internet
El pasado mes de noviembre, y gracias a la amable invitación del Servicio Autónomo de la Propiedad Intelectual del gobierno venezolano, pude asistir en Caracas a un seminario sobre derechos de autor. Lo que allí vi y oí cambió bastante mi visión eurocéntrica de la Red: la ponencia que llevaba preparada se quedó guardada en el disco duro de mi portátil, y ya en aquel momento hice unas reflexiones a vuelapluma. Finalmente me he decidido a hilvanarlas, si bien advierto al lector que el camino que entonces inicié todavía no ha finalizado: aún tengo que madurar muchas ideas antes de equivocarme por completo. Queden estas notas como diario de ese largo viaje iniciático.
Durante el viaje pude leer la constitución de la República Bolivariana de Venezuela, y dado que teníamos que hablar sobre los derechos de autor revisé los artículos de la Constitución bolivariana que hablan de propiedad intelectual, en concreto los artículos 98 y siguientes, que comienzan con una proclama esencial: "La creación cultural es libre". La cultura, como expresión profunda del espíritu humano, del espíritu de los pueblos de la tierra, es esencialmente libre. Acto seguido, el artículo 98 de la Constitución bolivariana se refiere a las libertades de inversión, producción y divulgación de obras, incluyendo los derechos del autor o de la autora sobre sus obras. Derechos del autor o de la autora: derechos esencialmente humanos, de personas físicas, de hombre y mujer, no de personas jurídicas.
La lectura me llevó a los artículos 113 y 114 , donde se establece constitucionalmente la prohibición de monopolios, declarándose contrario a los principios fundamentales de la Constitución "cualesquier acto, actividad, conducta o acuerdo de los y las particulares que tengan por objeto el establecimiento de un monopolio o que conduzcan, por sus efectos reales e independientemente de la voluntad de aquellos o aquellas, a su existencia, cualquiera que fuere la forma que adoptare en la realidad. También es contrario a dichos principios el abuso de la posición de dominio que un o una particular, un conjunto de ellos o de ellas, o una empresa o conjunto de empresas, adquiera o haya adquirido en un determinado mercado de bienes o de servicios, con independencia de la causa determinante de tal posición de dominio, así como cuando se trate de una demanda concentrada." Y la conclusión penal del artículo 114: "El ilícito económico, la especulación, el acaparamiento, la usura, la cartelización y otros delitos conexos, serán penados severamente de acuerdo con la ley."
Refrendo constitucional de la cultura libre, los derechos de autor como un derecho esencialmente humano, prohibición de monopolios, castigo penal contra la especulación y el acaparamiento.... Quizás los políticos españoles deberían hacer cursos en Venezuela antes de ponerse a redactar reformas constitucionales o estatutarias más estéticas que prácticas.
2.- La apropiación del conocimiento
El advenimiento de Internet y la digitalización de la sociedad está provocando cambios legales en todo el mundo occidental. Unos cambios que pueden condicionar seriamente en el futuro el acceso de los ciudadanos a la cultura.
Sigue leyendo en Crónicas de un Sinclair cualquiera...
Chile/Cultura/Crónicas de un Sinclair cualquiera...
Posted by Sinclair | | Email post 
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