Wednesday, October 7, 2015

“VKontakte” strayed from the majors – Kommersant

Court of St. Petersburg has prepared a statement of reasons for the high-profile trial between “VKontakte” and the music labels Universal Music and Warner Music. Major demanded the protection of exclusive rights to their recordings and compensation, but the court found that the social network – a bona fide information intermediary.

Yesterday the Arbitration Court of St. Petersburg and Leningrad Region issued a statement of reasons for the decision to close the proceedings Universal Music and Warner Music against “VKontakte”. According to the “VKontakte”, the court denied the plaintiffs in full satisfaction of the material and non-material requirements. These included the requirement to remove duties controversial soundtrack from the site and “termination of creating technical conditions” for the placement and distribution of formulations that give rise to a claim. “We are pleased with the decision of the court, especially after receiving the full text. It confirms the invalidity of the claims of the plaintiffs, the validity of the position occupied by us, and our status as a bona fide information broker” – said yesterday the general director of “VKontakte” Boris Dobrodeev. The general director of Universal Music Russia Dmitry Konnov and CEO of Warner Music Russia Alexander Blinov declined to comment.

Universal Music, Warner Music and Sony Music have filed three separate lawsuit against the “VKontakte” in April 2014, accusing Russia’s largest social network in the establishment on the site of unlicensed music service and “large-scale copyright infringement.” It was about the compositions of artists Charli XCX, Natalia Gordienko, Roma Kenga, Sergey Lazarev, Lianne La Havas, Lumiere, Sak Noel, Julia Parshuto, Rumer. The total amount of claims was 51 million rubles. The total amount of digital music sales in Russia, according to the International Federation of the Phonographic Industry (IFPI), in 2014 was $ 36.8 million.

Sony Music in July 2015 signed with the “VKontakte” settlement agreement, agreeing to legalize music social network. In late September, the court refused to recover from the “VKontakte” 36 million rubles., As required by Universal Music and Warner Music. But this “VKontakte” was ordered to implement a content filtering technology to prevent violations of the rights of record companies, announced then IFPI. In most social networking argue that “VKontakte” has long implemented a system of digital fingerprints, which eliminates the reloading in gay deleted audio recordings.

Case “VKontakte” against the majors could be praktikoobrazuyuschim predicts lawyer law office “Dmitry Matveev and partners” Olga Gutieva. In June, the courts have examined the question of honest broker in relation to the actions of video service YouTube, she recalls, and in all instances no violation in his work. However, the lawyer calls not draw final conclusions based on what is likely to be contested decision.

“Rights holders since 2008, living in a social network pressure on the market, – says the source” b “in the music industrii.- Now it is clear that” VKontakte “not kill the business, although it makes it a lot harder. ”

Roman Rozhkov


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