Twenty years in prison and a million rubles a fine for an unlicensed file! ...

The current message is a natural continuation of yesterday, so first I will remind you the facts known from yesterday.

Yesterday, Novikov noted in his blog that the Moscow City Duma was ready to propose ( August 26 , through the mouth of its deputy Milyavsky) to trample all the ideals of internal freedom, and instead worship the demon of totalitarianism and the golden calf of right trading, that is, make a black list of sites offering unlicensed files, and for any visit to such a site to fine each citizen in the amount of from 2,000 to 5,000 rubles.

This is regrettable.

_{In particular, Novikov immediately comprehended and lamented what unprecedented and corrupt abysses of arbitrariness of law enforcement structures would open up in any case when some network worm discovered forbidden sites without the knowledge of users, or if another site put an invisible <iframe> or transparent pixel forbidden site. Again, the possibilities for censoring are the richest.}

MSVGePard comments there without hesitating to discover that the above-mentioned Milyavsky has Jewish racial origin and even the citizenship of the State of Israel ([ 1 ], [ 2 ]), and, moreover, non-licensedism is not completely alien: it has been repeatedly mentioned in the press that Milyavsky he made millions by creating his Gorbushkin Dvor market. The mind stops at a potugo to interpret this detail of the biography: didn’t Milyavsky clean up the Internet competitors of his offline business, didn’t he turn to excessive and unprecedented repentance? Isn’t it all about the fact that Gorbushkin Dvor recently intended to stop it ?

_{Read more about this topic in LiveJournal blogger martellus . In the comments, he also mentions that by Decree of the President Vladimir Putin in 2003, Alexander Milyavsky was awarded the medal of the Order for Services to the Fatherland, II degree. We see, therefore, that the honored United Russia party can indeed come up with some legislative initiative and be heard with her in the very tops and depths of United Russia more favorably.}

Alas, Novikov's personal blog is not broadcast on the main page of Habahabr - and therefore not everyone noticed this news, despite the two-digit rating of his blog.
')
Meanwhile, the aforementioned events did not stop on August 26, but developed further: Novikov’s message can be supplemented with the news that the article “ Penalty for piracy ” was published this week (on Monday, August 30). Unfortunately, this article itself is not very useful to us, being no more than a collection of conflicting opinions, more or less expert and / or official. But the documents of the Milyavsky bill are attached to it for downloading. There are two of them: the draft Federal Law “On the Protection of Copyright and Related Rights on the Internet and on Amendments to Certain Legislative Acts of the Russian Federation”, and with it a collection of amendments proposed to be introduced into the Criminal Code and the Code of Administrative Offenses.

This amendment this morning subjected to comparative analysis of the LJ-blogger i_contester and revealed such details that the hair should literally stand on the head. You better sit down before reading about them:

→ That punishment for counterfeit or illegal use of copyright and related rights, which was previously established for the large size of this crime, will now be applicable to crimes that have not reached this size (and not previously considered criminal);

→ for a large amount, the punishment that was previously established for a particularly large amount will be relied upon;

→ and a violation of copyright or related rights, committed on a large scale, invented a new and unprecedented yet punishment: imprisonment for up to 20 years with a fine of up to 1,000,000 rubles.

→ By the way, the meanings of the terms “large size” and “extra large size” themselves are changed a lot towards a significant decrease in the values: “large size” of a violation will be considered only from 25 thousand rubles, and “especially large” from 125 thousand.

→ And for the same violation, a sale without a purpose (for example, for simple storage), and not previously a criminal offense - a special new article of the Criminal Code was invented, which (if the above-mentioned “very large” size is exceeded) provides up to 8 years of deprivation freedoms and fines of up to 500,000 rubles.

The draft law “On the protection of copyright and related rights on the Internet ...” also deserves the closest attention, because it says “the presumption of lack of consent of the copyright holder to use copyright and related rights objects on the Internet” (article 4), prohibits the creation of anonymous proxies servers (article 6), prohibits the provider to give the subscriber the IP address previously used by another subscriber (article 7), and so on. Draconian penalties have also been introduced (Article 10): for example, the creation of an anonymous proxy server imposes an administrative penalty (on citizens from 2,000 to 5,000 rubles, on officials - from 20,000 to 50,000 rubles, on legal entities - from 250,000 up to 500,000 rubles); a penalty equal to this is to be imposed on the provider for issuing the used IP address, on the host for lack of surveillance (with detailed logs for three years), and so on.

How now to evaluate all these gloomy facts? What can this sinister trend lead to?

The presumption of disagreement of the right holder and in combination with the gravity of the crime, in the case of the adoption of such a law, will, perhaps, allow us to mark behind bars (as the trial proceeds) any owner of any major site in Russia. And the criminalization of many misdemeanors that were not previously considered criminal will allow arbitrarily bringing anyone from the Net users to criminal responsibility upon an application, if not the author (who may turn out to be a moral person), then any organization like the RAO authorized to act on behalf of even volume of authors.

This means that the post-colonial neo-feudalism will in fact become the new regime of Russia, in which such long-forgotten concepts as a tax-paying class , as a rent , as a rule, will rise with rotten zombies. Any stupid will be obliged to arbitrary dues in favor of the upper class under the fear of justice; traffickers will finally become slavers, and "pirates" and "thieves" will be real criminals. In the eyes of the entire information frontier, Russia will cover itself with sticky drops of indelible shame.

Muscovites still have ways to counter this: protests in front of the walls of the Moscow City Duma, appeals to the minds of their deputies, and so on. In the fall, according to Vedomosti, this issue should be resolved.

Take action.