Spanish lecturer loses his job over P2P defense

20 May 2005 17:38 by James "Dela" Delahunty | 21 comments

This what happened to me when trying to defend the legal use of P2P networks in Spain.

I have been teaching "Intellectual Property" (although I dislike the term) among other subjects at a Masters Degree in the Polytechnic University of Valencia UPV (Spain) for over 5 years. Two weeks ago I was scheduled (invited by the ETSIA Student Union and Linux Users' Group for the celebration of "Culture Week") to give a conference in one of the university's buildings. During that conference I was to analyze the legal use and benefits of the P2P networks, even when dealing with copyrighted works (according to the Spanish Intellectual Property Law, Private Copy provision, and many research papers, books and court rulings). I was even going to use the network to "prove" that it was legal, since members of the Collecting Society "SGAE" had appeared on TV and newspapers saying that "P2P networks are ilegal" (sic) just like that, and to that extent I even contacted SGAE, National Police, and the Attorney General in advance to inform them about it.

The day before the conference, the Dean (pressured by the Spanish Recording Industry Association "Promusicae" as I found out later, and he recognized himself in a quote to the national newspaper El Pais, and even the Motion Picture Association of America, as another newspaper quotes) tried to stop it by denying permission to use the scheduled venue. So I scheduled a second one, and that was denied again. And a third time. Finally I gave the conference on the university cafeteria, for 5 hours, in front of 150 people.

Later on that day (May 4th, I will never forget), I received a call from the Director of the Masters Degree Program where I was teaching telling me that the Dean had called and had asked him to "make sure I did not teach there again", and on a second call saying "it's your choice, but also your responsibility".

The Director called me and first asked me to remove any link to the university from my website, and also to "hide" the fact that I was teaching there. Then he told me about the pressures and threats he and the Program received (to be subjected to software licenses inspection, copyright violations inspections, or anything that may damage them). Obviously I had to resign to save his job (and everybody else's at the Masters Program). So I did.

But even after I had resigned, when the media (which started to pay attention to the case, as you can see in the attached links) called, the Vice-Dean of communications had the nerve to say that "I was never a teacher in that University, and I only taught a few classes". Sure I was not a Professor (which I never said I was), but I taught several subjects there for over 5 years!

It is not so important that I lost my job even though my ratings from the student satisfaction questionnaire were the highest of the whole Program, and I never violated any rule, contract, or regulation. I don't even mind so much that I never received a direct phone call from anyone objecting to my ideas or procedures. What I regret the most is to have suffered CENSORSHIP inside my own university (in a European Union member state, of all places on earth), and as a result of pressures and threats coming from Collecting Societies and Recording and Movie Industries (on my website you have proof of all that).

When are we going to do something about it? We can't let them impose their failed, outdated, and inefficient business model through threats, pressures and silence. We must speak out. I am wiling to travel the world (as I am doing now in conferences all over Spain) to tell my story, and they will not silence me. The truth has to be known. But I need your help.