About the scandalous bill "on banning CD-RW"

In RuNet, the bill number 475488-4 “On measures to counteract the circulation of certain types of products produced in violation of the requirements of the legislation of the Russian Federation” was vigorously debated to the Duma on October 4. The news editions delivered sensational headlines like “CD-RW and DVD-RW will be banned,” and users, the vast majority of whom did not read the bill, amicably picked up: “The law prohibits copying files!”.

But let's still see what is actually written in the scandalous bill?

Article 10. Information systems for accounting and control of turnover of certain types of products
1. Information systems for accounting and control of the turnover of certain types of products include information on each unit of products released into circulation and on transactions made with it by the subjects of product circulation.
2. Information systems for accounting and control of turnover are created for the following types of products:
1) audiovisual works, phonograms, computer programs and databases on any types of media;
[...]
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These provisions of the draft law are often interpreted as the actual prohibition of the creativity of ordinary users (for example, even a video clip taken on a mobile phone is supposed to be taken into account)
and copying files (copied file to disk - register it).

However, the article says that production is recorded in circulation (that is, into a system of relations where products become the object of transactions) and the transaction itself.

Examples:
1) I recorded a clip on a mobile phone - it is not necessary to register, as there is no release in the turnover (I do not make deals with it).
2) I want to sell this clip - it is necessary to register (release to circulation).
3) copied a clip, MP3 file, etc. on CD - it is not necessary to register, since the object has already been released into circulation earlier (Article 10 refers to units, not copies. Products as a unit are issued 1 time, but there may be many copies).

That is, for ordinary users, nothing changes. Those who want to sell the results of their labor or even carry out commercial activities in general will have to enter information on their product and transaction with it into the information system of accounting and control. True, it is not clear from the draft law which transactions are subject to registration - only, for example, on the transfer of intellectual property rights or everything, including the sale of a copy of a disk in a store? But, firstly, this question does not concern users, and secondly, if it does cause problems to those who sell audio products and computer programs, then they are lobbying normal conditions for themselves.

Further, another article that caused many complaints:

Section 13. Rules for the sale and transfer to use of equipment intended for the reproduction of audiovisual works, phonograms, computer programs and databases on any types of media
1. Manufacturers of equipment intended for the reproduction of audiovisual works, phonograms, computer programs and databases on any type of media are entitled to sell or transfer it for use only to persons licensed to play audiovisual works, phonograms, computer programs and databases on any kind of carriers.
2. Persons licensed to reproduce audiovisual works, phonograms, computer programs and databases on any type of media are entitled to sell equipment intended for such reproduction or transfer it for use only to persons licensed to such reproduction.
3. The provisions of parts 1 and 2 of this article do not apply to equipment intended for recording a work in a computer memory.
4. The provisions of this article do not apply to equipment intended for the reproduction of phonograms and audiovisual works for personal purposes.

This article is believed to actually prohibit the purchase of CD-RW and DVD-RW drives. However, we look at paragraphs 3 of the article.

Paragraph 3 says that the article does not apply to equipment intended for recording the work in computer memory. Here many, analyzing the bill, for some reason imperceptibly add to the word “memory” the adjective “operational”. But there is no “operative memory” in the draft law! The bill speaks of any computer memory, and this memory is both operational and permanent, and the carriers of the latter are including CD-RW and DVD-RW.

In general, the project does not introduce anything cardinally new: it is intended to regulate commercial circulation, and does not concern private users who are not engaged in the trade in music or programs. There are certain rough spots in the bill, but it will still be discussed and refined in the Duma.