If torrents, social networks or search engines do not have a pecuniary interest in the user-generated content, they should be exempted from liability for pirated material on its site. This is stated in the draft paper prepared by Scientific Advisory Board (SAB) at the Court for intellectual property rights, write “Izvestia».
Head of Legal Department of the Coordination Center TLD, a member of the NCC, Sergei Kopylov told the publication that the certificates issued by the Court for intellectual property rights on the results of meetings of the Board, form the jurisprudence. When there is a disputed issue of judges and on the subject issued a certificate, they can be guided by it.
However, he clarified that the reference is not binding. « We have no case law in the country. But they form a uniform jurisprudence. To judge once again not to wrestle and use a ready reference », – quotes Kopylova” Izvestia ».
Help the scientific advisory board provides three criteria under which an Internet resource can be equated to an information broker and to indemnify.
First, the site should not make a profit from the placement of it pirated file. At the same time, according to Kopylov, the SAB discussed on what we have in mind only the direct profit from the sale of content. In the case of indirect earnings – for example, by displaying advertisements on the page with pirated material – the site can be regarded as information broker.
Secondly, it is necessary to establish who posted the information on a counterfeit site. In the case of an information broker do people, not the administration of the resource.
Third, the judges recommended to assess whether administration moderates site user uploaded content before it is published. And would not it be such approval, if its introduction is associated with excessive costs.
Today, the resources that host user-generated content does not often win in the court of rights holders. For example, in December 2014 the Supreme Court dismissed the appeal of social network “VKontakte” on the suit LLC “Nikitin Media Digital Content”. It was for the recovery site 750 thousand. Rubles posted by users 10 tracks. Social Network challenged in the Supreme Court decision to the Court for intellectual property rights – the decision overturned lower courts in favor of “VKontakte” and sent the case back for retrial.
Short URL : http://softcraze.com/?p=33504
No comments:
Post a Comment