Yesterday on the website of the Eksmo publishing house there was an
appeal of writers and cultural figures (13 people altogether) to the management of Yandex, or, more precisely, personally to the head of the company Arkady Volozh.
“Concerned about the detrimental effect of piracy on the development of Russian literature and culture,” the writers urge Yandex to remove from search results links to pirated websites and stolen content. The removal of content from the issue on the application of the copyright holder, the writers argue, is consistent with international practice and "it is this mechanism that Google uses today."
Google
does remove links to pirated content as requested by the user. Moreover, since January 2011, they even
censor the auto-completion of search queries , removing from them “pirated” terms like [torrent] and [rapidshare].
But Yandex is not at all obliged to follow US copyright laws, because Yandex is a Russian company (the golden share of Sberbank).
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The press service of Yandex promptly responded with the
expected response that the company has the right to determine the content placement policy and impose restrictions on it only where it acts as a host, that is, for example, on Yandex.Narod and Yandex.Video services. , “Yandex.Fotki”, but has no right, at its discretion, to interfere in matters of use of third-party copyright objects by third parties.
All right Although “Yandex” earns on pirated content and runs contextual advertising on pirated requests, but it does so within the framework of the legislation and there can be no complaints about it. The search engine is completely unable to take on the technical task of filtering out pirated content or the administrative task of deleting pages upon the request of the copyright holders.
Publishers believe that it is up to search engines to make requests to combat piracy, although in Russia this is not the case. In this sense, one fact is surprising, which is mentioned in
the Kommersant article . There it is alleged that in April 2011, according to Eksmo, Russian Google, without judicial intervention, removed 446 links to 106 pirated sites from the search results. As indicated in the search results, when removing links, Google was guided by the Digital Millennium Copyright Act (DMCA), that is, US law.
Lawyers explain that, according to Russian laws, the search engine is not obliged to respond to the appeal of the copyright holders. She can do it only as a gesture of goodwill or for the sake of a PR effect.