Thursday, May 19, 2016

Apple believes that the provisions of the anti-piracy law applicable to it – Proceedings

Photo: REUTERS / David Gray

The Apple said that against them, you can not apply the rules of the anti-piracy law, so the company is an information intermediary – AppStore provides a platform on which your application is hosted third-party developers. This Apple representatives said at the meeting with Roskomnadzor and owners last week, told “Izvestia” several participants. Roskomnadzor spokesman Vadim Ampelonsky confirmed the meeting but declined to comment on the details.

The meeting was dedicated to the pre-trial cooperation of rights holders and Apple. Representatives of the American corporation held a seminar on how to interact with them, if the application has illegal content. Today is an active fight against pirated content on the sites. This norm regulates entered into force on 1 May 2015 an enhanced version of the anti-piracy law, according to which the Moscow City Court of First Instance considers the claim for placement in the movie Network, 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.

But how to work with applications that do not understand the rights holders. At the meetings in Roskomnadzor they were trying to determine if a new bill is needed or it can be run by the current. As a result, we decided that the current law is sufficient, but there is a problem: if the rights holders will file a lawsuit in the Moscow City Court for interim measures in the form of security lock, locked the Russians would be either all the AppStore, or a portion thereof, which is unacceptable to the American corporation. Therefore, it was necessary to explain how to do right holders not to bring the case to court. This meeting was dedicated.

According to the participants of the meeting, representatives from Apple have announced that they are not the site, and information broker, so against them can not be applied the norms of anti-piracy law, noting that the adjustment of existing legislation to Apple became the object of regulation, not required operating and law enough

-. We have no doubt that they are an information broker, since they do not generate the content for which there are disputes. They provide the technical capability to host such content, – says head of the Association for the Protection of copyright on the Internet (AZAPO) Maxim Ryabyko. – The question is, can occur when the responsibility. We informposrednik shall not be liable if it is not initiated and did not know and could not know about the abuse, and if they knew, he could not respond. The question is the degree of reaction. They will learn about abuse, begin the procedure, which is considered reasonable, but in terms of our law, we can say that this is an unreasonable period of time and require compensation.

They look at the rights holders and the issue of working with messenger Telegram, which began to appear robots that publish various content, including violating the rights of authors, on users’ requests. The widespread popularity of the bot was blocked in Russia Flibusta site that distributes books. But his appearance was marked by scandal: the rights holders find there books, the rights to which are owned by, and demanded that the messenger Telegram Administration to remove the bot, which goes through the illegal distribution of content. According to the head of Maxim AZAPO Ryabyko, they communicated with the developers Telegram, after some time the boat Flibusta ceased to function at the same address. But Ryabyko meeting with Apple said that such a situation could be repeated

-. Apple was adamant and stated that it is ready to consider the specific circumstances of specific cases – Ryabyko said. – They said if you have questions or concerns, please contact us at an additional e-mail. We’ll figure out.

According to the head of the association “Internet Video” Alexei Byrdin acting norms of interaction holders with Apple outdated

-. Rules of interaction of developers and rightholders were written many years ago, the very paradigm of Internet projects has changed, and now procedures written if not work very well – Byrdin said. – In some situations, system fails them when they are highly abstracted from the proceedings and translate the communication between the developer and copyright holder directly. At the same time the rights holders must write a letter with the official mail, and application developers meet with anyone, such as Gmail.

According to Byrdin, the most important total meeting – could bring to Apple the main problems faced by right holders in Russia

-. We hope that they will be more responsive to their concerns and requirements, – said Byrdin

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