Various kinds of associations and copyright protection commissions are very fond of “teaching” users
what they can publish on their websites and what cannot be published. And they also love telling their partners fairy tales, “Here we are white and fluffy, we stand guard over the law.” But, often, gentlemen defenders themselves do not hesitate to violate the copyrights of other authors and publishers.
Now we will consider the site of one of such organizations, which proudly calls itself - the Association for the Protection of Intellectual Property “Russian Shield North-West”.
“The Russian shield North-West” positions itself as “an association ... that provides protection for copyright and related rights to computer programs and phonograms, the members of the Association who produce various products in the field of computer technologies have exclusive property rights.”
Let's start not quite with a violation, but with a small incident: if you take the Old Dominion
University logo to remove the crown from the lion and discolor the logo, you will get the Russian Shield North-West association logo
. Perhaps this is just a design incident.
Now directly to violations:
absence of a copyright sign and the instructions of the authors on the forum of the association . The forum is built on the popular phpBB version 2 engine and uses the standard subSilver theme.
Copyright copyright restored.
2) the image to the news “In the Primorsky District, trade in counterfeit disks was stopped” and the image to the news “Muscovites will be sentenced for pirated Adobe programs” . At the same time, the date of publication of the news in “Vedomosti” is July 30, 2009, and on the Russian Shield website — May 29, 2010. In this case, the copyright of E. Stetsenko (“Vedomosti”) has been violated.The image is removed from the site on demand "Vedomosti"
3) the image to the news “There will be fewer counterfeit DVDs in St. Petersburg”
with the publication date of February 5, 2009 and the image for the article by Yulia Demina “There is no future for CD and DVD”
. The real author is unknown.
4) a photo of Valentina Matvienko in the form of an illustration to the news of December 12, 2008 "We will not tolerate poorly managed trade in the city center"
and the same photo on the Club of Regions website
. Judging by the structure of the path, the photo was published on February 10, 2008. The real author is unknown.
5) a very interesting photo to the news As part of the operation “Counterfeit”, the police seized optical discs
, which is actually a photograph from the portal Cnews (unfortunately, the original photo
was found only through the media bank news aggregators, but it clearly shows the watermark CNews) only with cut off copyright marks. The real author is unknown.
6) a photo to the news of July 17, 2008 “For violating the copyright of the entrepreneur, he was sentenced to three years in prison on probation”
and a photo of Dmitry Lekai
7) a photo to the news of June 24, 2008 “On Basseynaya Street, they found an underground production of DVDs”
and a photo for the article “Dream Factory” in the center of Tula
(newspaper “Tula Sloboda”) of October 18, 2006. The real author is unknown.
And this is only a small fraction of copyright infringements, the protection of which the Russian shield North-West likes to trump.
As we see in all cases, the images appeared in the "legal" owners before the editors of the Russian Shield website put them as images to their materials (and sometimes just cutting out watermarks).
All of the above, in my opinion, pulls on the violation of Art. 1265 (“The right of authorship and the right of the author to the name”), Art. 1266 (“The right to the integrity of the work and the protection of the work against distortion”), Art. 1270 (“Exclusive right to work”), Art. 1274 (“Free use of a work for informational, scientific, educational or cultural purposes”) of the Civil Code of the Russian Federation and Art. 146 h. 3 of the Criminal Code. Immediately make a reservation that I am not a lawyer and there may be an excess of articles.
Regarding the use of the GNU / GPL license on the phpBB forum, the position of the Ministry of Economic Development
From this it follows that the use of free software, subject to the terms of the corresponding version of the GNU GPL license, complies with the requirements of the Russian legislation on copyright and is legitimate.Update 1:
the request of the Awake
habraiser on the fact of copyright infringement received a response from the Russian Shield Association:
“I ask you to pay more attention to what you write, especially when you accuse someone of a serious crime. But the Association "Russian Shield" does not have a website on the Internet. This is the official position, repeatedly voiced by our leadership. The site you have indicated is private, and according to the regulations of the zone. Ru for what is happening
on it is responsible that individual to which the site is registered:
state: REGISTERED, DELEGATED, UNVERIFIED
person: Sergei S Voskoboinik
Sergey Voskoboynik is not an employee of the Association “Russian Shield”. But the Association "Russian Shield" provides materials to this site in the same manner as other websites receive materials on the Internet.
We do not moderate or create content on this site. Based on the above, your claims are groundless. ”
From myself I will add that this article is about OOO Russian Shield North-West, which judging by the information on the site has the right to act on behalf of the right holders and to give explanations on behalf of the right holders of the Russian Shield Association in St. Petersburg and the Leningrad areas. Attempting to shift responsibility to an individual with the indication of the regulations of the .ru zone in my opinion seems to be a typical attempt to evade responsibility. I remind you that in accordance with Art. 49 of the Constitution of the Russian Federation "Everyone accused of committing a crime is considered innocent until his guilt is proven in accordance with the procedure established by federal law and established by a court sentence that has entered into legal force."Update 2:
Corrected the name of the organization in the heading in order to avoid discrepancies.Update 3: at the request of Vedomosti, the
image from p. 2) was removed from the siteUpdate 4: The
forum copyright sign has been restored.Update 5 (07/27/2010 17:20): the
“News” section has been completely removed from the site, where the images described in the article were contained.
The publication used the image of Sergei Dulin (the company "World of Fantasy"
). Special thanks to the legal service of the company World of Fantasy for permission to use the image and efficiency in work.
Any copying, reproduction and reproduction of this article (with the exception of the image to the article) is allowed, including in blogs, in print and electronic media, on personal and commercial sites.