The Moscow City Court (first instance for cases on the anti-piracy law) was first filed lawsuits against US service CloudFlare, which speeds up page loading sites for Internet users
The plaintiffs -. Russian rightholders “Volga”, Megogo and “NTV-Plus”. According to “Roskomsvobody” (Russian draft Pirate Party to counter the blocking of websites), one third of all blocked IP-addresses in Russia belongs to CloudFlare
-. There is a site kinogo.co, which we are pirates. And not just us, it’s one of the most vicious pirates. CloudFlare provides an information intermediary, allowing the placement and transfer of [pirated content] on the Internet – says the head of Viktor Megogo coined. – Formally, the lawsuit was filed to protect the few titles (names of movies -. “The News”) with their listing. The requirement of the claim -. To stop the creation of technical conditions, providing accommodation, distribute or otherwise use the intellectual property rights
The Executive Director kinotorgovoy companies “Volga” Anastasia Sergeeva said that her company has a claim to the sites where no permit is posted their content: dream-film.net, kinokrik.net, o-nline.ws, kinokong.net, kinokrad.net, kinoprosmotr.net. All of these sites use the service CloudFlare
-. Unfortunately, the situation has developed in such a way that the supply of claims to providers [and not the sites] is more efficient mechanism in a similar situation. Often the information is not and it can not find a particular site administrator – said Sergeyev. – The owners of these websites for obvious reasons, by all means strive to remain anonymous
Sergeyev noted that hosting providers have the technical ability to block the page
-.. The only question is whether he wants to do – Sergeev explained. – If he refuses to fulfill the court’s decision, we will be forced to seek a writ of execution in Roskomnadzor
The peculiarity of CloudFlare is that dynamic, they change constantly from customers of this service IP-addresses.. Lawyer “Roskomsvobody” Sarkis Darbinyan said that in the writ of execution, which enters the supervisory authority, do not specify the IP-address. Cam Roskomnadzor decides to make to the registry – IP pirate sites, or all the IP-addresses of CloudFlare. Comment by Roskomnadzor has been received.
The lawyers interviewed by “Izvestia”, disagreed, as it should do Roskomnadzor, if the foreign service is not available in Russian legal entity, does not fulfill the requirements of the Moscow City Court.
– Most likely, the representatives of CloudFlare on the court will not go, and the verdict is not in their favor. Perform the verdict they likely will not. There is a possibility that the block CloudFlare entirely in Russian. This will lead to a surge in the popularity of CGI proxies, – says independent lawyer Anton rich. – When the block unpopular resources, users will find new, but if unavailable popular, people will absorb funds bypass the lock. And that will continue to be blocked to prevent access to blocked sites?
The head of the legal department of the Coordination Center for TLD Internet Sergey Kopylov believes that only the IP of the sites to be included in the register, where illegal content is located.
– The law does not provide for liability of the channel or hosting provider, especially foreign, for not responding to the original complaint
According to entered into force on 1 May 2015 an extended version of the anti-piracy law, the Moscow City Court in the first. court considering claims for placing the web movies, books, music and software. This court at the request of copyright owner decides on pretrial interim measures – Introduction of pirate resource blacklisted Roskomnadzor. This page of the site that hosts the infringing material is not available to Russian Internet users. For customers some providers removed from the entire site becomes intruder. The Act also provides for the procedure for “lifetime” Lock site – for a relapse, that is repeated violation of the rights holders
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