Spanish Supreme Court Rules in Favour of Google Search Engine... and a Flexible Reading of Copyright Statutes?

On 3 April 2012, the Spanish Supreme Court issued a major ruling in favour of the Google search engine, including its ‘cache copy’ service: Sentencia n.172/2012, of 3 April 2012, Supreme Court, Civil Chamber.* The importance of this ruling lies not so much in the circumstances of the case (the Supreme Court was clearly disgusted by the claimant’s ‘maximalist’ petitum to shut down the whole operation of the search engine), but rather on the court going beyond the text of the Copyright Act into the general principles of the law and case law, and especially on the reading of the three-step test (in Art. 40bis TRLPI) in a positive sense so as to include all these principles. After accepting that none of the limitations listed in the Spanish Copyright statute (TRLPI) exempted the unauthorized use of fragments of the contents of a personal website through the Google search engine and cache copy service, the Supreme Court concluded against infringement, based on the grounds that the three-step test (in Art. 40bis TRLPI) is to be read not only in a negative manner but also in a positive sense so as to take into account that intellectual property – as any other kind of property – is limited in nature and must endure any ius usus inocui (harmless uses by third parties) and must abide to the general principles of the law, such as good faith and prohibition of an abusive exercise of rights (Art. 7 Spanish Civil Code).The ruling is a major success in favour of a flexible interpretation and application of the copyright statutes, especially in the scenarios raised by new technologies and market agents, and in favour of using the three-step test as a key tool to allow for it.

The Spanish impersonal se-construction. Constructional variation and change

The aim of this paper is to analyze, synchronically and diachronically, aspects of the Spanish impersonal se-construction that have not yet been satisfactorily accounted for in Spanish linguistics

Passives without actives: evidence from verbless complement clauses in Spanish

This paper proposes a constructionist analysis à la Goldberg (1995, 2003, 2006) of passive verbless configurations in Spanish lacking a felicitous active counterpart.Under the paradigmatic – rather than syntagmatic – view of passives invoked in this paper, configurations of the type in (1) above, attested with a number of verba cogitandi et dicendi, are handled as instances of the Impersonal Subjective-Transitive construction, whose general skeletal meaning is X (NP1) attributed Y (XPCOMP) by Z (NP2) in a direct, categorical way. Moreover, the analysis proposed here also provides a satisfactory account of the distribution of grammatical subjects and the XPCOMPs, while also capturing the commonalities with “regular” passives (i.e. those with a felicitous active counterpart). In addition, Spanish passive verbless complement configurations with se dice (‘is said’) are shown to illustrate a three-point continuum consisting of (i) non-grammaticalized configurations with an active counterpart, (ii) non-grammaticalized configurations without an active counterpart, and (iii) grammaticalized configurations without an active counterpart. From a synchronic point of view, the structural and semantico-pragmatic properties exhibited by the lower-level lo que se dice XPFOCUS construction, involving a focusing/emphasizer subjunct function (e.g. verdaderamente ‘really’) as well as a reformulatory connective use (e.g. o sea ‘that is’, en otras palabras ‘in other words’) appear to point to an early process of grammaticalization, exhibiting decategorialization as well as generalization of meaning in conjunction with a prominent increase in pragmatic function and subjectification (cf. Traugott 1988, 1995a, 1995b, 2003).

Spanish-English Codeswitching in Email Communication

While spoken codeswitching (CS) among Latinos has received significant scholarly attention, few studies have examined written CS, specifically naturally-occurring CS in email. This study contributes to an under-studied area of Latino linguistic practices by reporting the results of a study of CS in the emails of five Spanish-English bilingual Latinos. Methods are employed that are not often used in discourse analysis of email texts, namely multi-dimensional scaling and tree diagrams, to explore the contextual parameters of written Spanish-English CS systematically. Consistent with the findings of other studies of CS in CMC, English use was most associated with professional or formal contacts, and use of Spanish, the participants’ native language, was linked to intimacy, informality, and group identification. Switches to Spanish functioned to personalize otherwise transactional or work-related English-dominant emails. The article also discusses novel orthographic and linguistic forms specific to the CMC context.