The legal vacuum that allows the operation of Cuevana 3 – People – Culture

Since its creation in 2009, Cuevana 3 has become a very popular alternative among people who want to watch movies, series and premieres without paying a single peso.

(Also read: Cuevana 3: Legal platforms to watch movies).

Its ease, practicality and extensive catalog have made the platform one of the favorites of users, but also one of the most controversial. The operation of the website has been under the magnifying glass of the platforms of streaming and the authorities, since it does not have the licenses to reproduce the content it offers.

Although Cuevana 3 has been accused of “piracy” and “lack of intellectual property rights”, the platform continues to work today and, more and more, adds users throughout the American continent. With a strong debate around its operation and several complaints against it, many wonder, how is it that the site is still standing?

A legal vacuum, the lifeline of Cuevana 3

Cuevana 3 was created in 2009 by Mario Cardosio, David Fernández and Tomás Escobar, three Argentine university students with a goal, some would say, benevolent: to make it easier for people to view productions available on other websites and promote independent cinema.

Although the second option did not work, the first did and catapulted the popularity of the website in Latin America. Its validity was not exempt from legal troubles: The platform has been the subject of several lawsuits for alleged violation of intellectual property law.

(Keep reading: Is the Cuevana website legal? We clarify your doubts).

One of the most popular is, perhaps, the one filed by HBO Latin America against Tomás Escobar a few years ago. The global entertainment company sought to obtain precautionary measures in order to stop the dissemination of unlicensed content or, failing that, cause the definitive closure of the page.

However, both then and now, Cuevana has an advantage in the judicial field, since it does not host the files it shares, but rather is an aggregator that indexes links from other portals. In other words, uses external links to redirect users to the content they are looking for.

The dynamics of operation has made the service shield itself under the law of the right to information in Argentina. This is because, although it is established that it is a crime to illegally store or display content that is protected, the fact that it does not store illegal copies allows Cuevana to exist and function as it has been doing.

(Of interest: Netflix premieres ‘Power Rangers: yesterday, today and always’: how is the special?).

Fernando Tomeo, a lawyer specializing in computer law, exposed his objections to this law. Some years ago, in dialogue with ‘BBC’, he said: “The Argentine intellectual property law dates from 1933 and does not provide concrete solutions to cases like Cuevana’s in the civil sphere. For this reason, the judges must resolve the issue in the event of filing actions for damages, applying the civil liability regulations contemplated in the Argentine Civil Code”.

In 2012, after an extensive legal battle, Cuevana ended up taking precedence over HBO. Currently, the platform does not operate in its original version, but in the third version that has been made of the site, hence its name Cuevana 3.

Is it safe to use Cuevana 3?

The use of external links prevents Cuevana from being judged by the right to information law in Argentina. However, it can expose users to other cyber dangers.

“These types of pages are not subjecting to a series of dangers that, through advertising or players, malicious tools such as spyware or malware can be downloaded, which basically what they are looking for is that when they are downloaded and begin to do a monitoring of all the activities I do on the computer and, obviously, personal information could be seized”, said John Jairo Echeverry, consultant and specialist in cybersecurity issues, to ‘Blu Radio’.

For some experts, such as Echeverry, consuming content from this platform does nothing more than put computer security and personal data at risk and sponsor illegality.

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