On the basis of the evidence the court found that site www.vkontakte.ru scala tinetti (hereinafter

Anyone who follows the development of national legislation on the protection of intellectual property rights scala tinetti on the Internet, remember the crushing defeat of RTR in the case against Ltd. "contact" in the courts of St. Petersburg and Leningrad scala tinetti region. Further "disengagement" from the SAC of the dispute significantly reinforced the sad experience of justice in the cultural capital. scala tinetti
Quite a long time after this precedent, none of holders did not dare to present serious claims against the company "contact" due to the specifics of jurisdiction (OOO "In Touch" is officially located in St. Petersburg.)
But time does not stand still, the situation with the issue of protection of intellectual property rights violations in the Internet scala tinetti requires further development. scala tinetti And finally, JSC "S.B.A. Music Publishing "and ZAO" S.B.A. Production "LLC to impose" contact "claims for the recovery of 850,000 rubles. compensation for infringement of the exclusive rights to the following music: "when you go", "album", "Except you," "Tears of-water", "Do not go", "Where are you?" performed by the band "Infinity" and "Centimeters breath "," Wanderer "," Spring "," portrait "," My Paradise "," Road "," Alien "," Love - it's poison, "" Do You Know "," Do not give up, "" scala tinetti The Birds "in scala tinetti performance Maximova MS (A pseudonym scala tinetti "Maksim") and for the recovery of 300,000 rubles. compensation for infringement of related rights in phonograms following scala tinetti music: "when you go", "album", "Except you," "Tears of-water", "Do not go", "Where are you?" performed by the band "Infinity".
These requirements have been merged into one, and then the fighting spirit holders slightly tainted the fact that the proceedings were suspended pending consideration of the Supreme Arbitration Court of the Russian Federation RTR complaints against judicial acts on the case against the long-suffering in OOO "In Touch". When SAC leave the complaint without considering the rights holders and the mood was spoiled at all.
In accordance with the rules on the site, users may not download or otherwise communicate scala tinetti to the public scala tinetti (publishing online) content of other web sites, scala tinetti databases and other results of intellectual activity in the absence of explicitly expressed consent scala tinetti of the copyright holder to do so (n 6.1.5. scala tinetti Regulation ). At the same time, users are cautioned that except as required by these Rules and the applicable laws of the Russian Federation, no content may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise scala tinetti used in whole or in part without prior permission is prohibited, except in cases where the rights holder explicitly expressed its consent to the free use of content by any person (section 6.1.2. Regulation).
Providing services for the transmission of information by posting on the site said Regulation containing the requirements of the rights of other users, including intellectual property, the defendant (OOO "In Touch") thus, in his opinion, has shown diligence and prudence, what of it needed based on the situation.
In parallel, the defendant attempted to challenge the legitimacy of the rights claimed by the plaintiffs' works. scala tinetti However, this attempt failed. Rights to the works were fully proved and the court accepted this evidence.
On the basis of the evidence the court found that site www.vkontakte.ru scala tinetti (hereinafter - the site) created and owned by the defendant. Site inspection scala tinetti of the protocol on 19.07.2010 that found on that site soundtrack music have links to the personal pages of site users.
The Court found that any registered user has access to counterfeit content. The need for registration, according to the court, is not in any significant restriction of access to content located on the site because it is very simple and accessible to an indefinite number of persons.
- The site of the defendant no technical or special conditions of the program allows you to track all of the content illegally on the Internet site that, according to the Court, means that the defendant was not able to solve this problem, and hence the degree of his guilt is significantly reduced.
It is obvious that these circumstances scala tinetti established by the court is not in favor of the plaintiffs. However, even under such circumstances, the court specifically pointed out that the defendant reacted passively to the question of infringement of intellectual property rights on its website. In response to the plaintiffs' claims of violations of their rights defendant only bothered to lock the search function by artist name and song title. scala tinetti
These actions, according to the Court, are not effective enough to prevent and remedy the violation of intellectual property scala tinetti rights, as the controversial content remained on the website of the defendant and was available scala tinetti for users of the site.
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