Owners will be able to close the piracy sites through court

Owners will be able to close the piracy sites through court
Prepares for the Ministry of Telecom and Mass Communications of the Russian Federation the bill which will allow to close the sites where regularly there is piracy content even if regularly delete it


Today the sites with a large number of the user content (to social networks, torrents, file hosting services, etc.) are not threatened by closing if they quickly react to claims of owners. Fast removal of the counterfeit placed by users exempts such sites from liability. But soon such site can be closed by a court decision – if experts make the decision that it is piracy. It is supposed that will present the relevant amendments to laws of the Ministry of Telecom and Mass Communications to the government on May 23. About it "News" were told by some participants of the working group at the Ministry of Telecom and Mass Communications which prepares amendments.

According to representatives of the ministry, now "there is a task to develop criteria of reference of the sites to piracy".

– The unfair illegal sites should be blocked entirely, – Alexey Volin told "News" of the deputy head of the Ministry of Telecom and Mass Communications.

The director of strategic projects of Institute of researches of the Internet Irina Levova explained that owners want to include concept of "the harmful site" (according to "News", the term still can change) in the legislation.

Two criteria of reckoning of the site to the piracy are discussed. It is not momentariness of violation of copyright and distribution of piracy content for the purpose of receiving profit. According to the head of the Russian Association of Electronic Communications (RAEC) Sergey Plugotarenko, RAEK considers that between these criteria there has to be an i union, and owners insist on the ili union.

Procedure of closing of the piracy site, according to the general director of National federation of the musical industry Leonid Agronov, has to look as follows.

– We plan to bring procedure which will allow owners to block the site violating their copyright through court in the legislation. Any owner in the presence of a claim will be able to file a lawsuit, – he told. – Will block the site violating copyright – the same as it now does Roskomnadzor with extremist. Besides, the owner will be able to submit the application for compensation of damage.

According to the Internet right expert Anton Bogatov, the bill of the piracy sites will concern a large number of Internet projects.

– It both social networks, and searchers, and even torrent trackers. The last – despite of a temporality of the corresponding hyperlinks, – are noted by the expert.

Let's remind that on May 7 at meeting at the first Deputy Prime Minister Igor Shuvalov the decision to reduce the State Dumas prepared by deputies and the Ministry of Culture bills of strengthening of fight against piracy in the Network in a uniform package of amendments was made. The working group at the Ministry of Telecom and Mass Communications into which representatives of the interested state departments and Internet branch and owners entered, has to prepare them by May 23.

Today according to Art. 1253.1 of the Civil code of Russia the information intermediary (administration of a social network, file exchange site, hosting, etc.) does not bear responsibility if after receiving a claim of the owner limits access to the piracy content placed by the user or will remove this content.



Alexander Bogdanov
online news
 No. of 20.05.14