torrents.ru VS 1C

The largest Russian tracker against the largest Russian game locator and program creator.
Less words, more info:
torrents.ru/forum/viewtopic.php?t=542561
sysadmin.mail.ru/new.php?id=2882&page=0
What is your opinion on this?

I published some of the information here: habrahabr.ru/blog/copyright/32110.html

UPD : unfortunately, all the information abruptly deleted.
Screen of what was on the torrent:

')

Fight against piracy can go "1C" sideways?

Last week, on the portal torrents.ru, one of the most popular "torrent trackers", distribution of links to "torrents" with content from 1C was discontinued. According to the information published on the torrents.ru resource forum, file distribution was suspended after employees of the Non-Profit Partnership of Software Suppliers (NPPPP) addressed the portal administration. This caused a wide resonance both on the “tracker” forum and on some other network resources.

The beginning of this story was laid by a message that was sent on December 5 to one of the ICQ moderators and contained requirements to stop the distribution and remove from the site all links to the “torrents” containing 1C products, or grant the right to delete them to the sender. Then there were threats to the representative of torrents.ru, in particular, someone under the nickname “Anna” threatened the moderator with problems at the university, and when asked to send a request to stop the distribution to an e-mail, the answer was: “Type in Anna Lavrinova”. Also in the message said about the letter, which was sent to the administration, containing similar requirements. In case of non-satisfaction of the requirements, the resource was threatened with termination of activity. Anna Lavrinova is an employee of NPPPP and holds the position of deputy director of a non-profit partnership, and is also an employee of the legal department of 1C company and the author of numerous articles on the problems of combating computer piracy. So, back in April of 2005, an interview with Anna Lavrinova was published on Soft@Mail.Ru - “The struggle for copyright compliance is strategically necessary!”.

As a result, the administration of torrents.ru made concessions and ceased distribution. It is curious that, despite the fact that the distribution was stopped almost immediately after the administration of the portal received the official letter of requirements, that is, on December 5, on the same day, Anna Lavrinova sent a letter, this time to the provider’s address, using which ensures the functioning of the site. Part of the text of the letter can be found here, it contains a message that “through systems ... administered by the organization” L1C is damaged, which, if the requirement to remove copyright objects from servers is not met, will be reported to K Ministry of Internal Affairs of the Russian Federation.

Five days after the announcement of the termination of distribution, the forum appeared subject to the authorship of the user “lava1c”, who introduced himself as an employee of NP NPP and published several answers to questions that the organization received from visitors of torrents.ru. When asked if the NPPP employees threatened one of the “tracker” moderators, the user “lava1c” answered, quoting: “As far as I know, the dialogue (this was a dialogue) was presented to the forum members somewhat voluntarily ...” between the moderator and the employee of the Non-Profit Partnership took place. He also noted that similar requests were sent to other similar network resources.

Employees of the Partnership of Suppliers of Software Products argue their request for termination of distribution by the legislation of the Russian Federation in the field of copyright and related rights. As a specific regulatory document prohibiting the placement of torrent files on the Internet, they cite an excerpt from the Resolution of the Plenum of the Armed Forces of the Russian Federation of April 26, 2007 N 14:

“Establishing the fact of illegal use of copyright and related rights, the court should clarify and indicate in the verdict exactly what actions violated the rights of authors of works, their heirs, performers, producers of phonograms, cable and broadcasting organizations, as well as other owners of these rights.

Such actions may be performed without the consent of the author or the owner of related rights (making one or more copies of the work or part of it in any material form, including recording the work or phonogram into the computer memory, on a computer hard disk), selling, renting copies of works or phonograms, public display or public performance of the work, promulgation of works, phonograms, performances, productions for general knowledge by transmitting them or television (broadcast), the spread of the Internet, translation of the work, its recycling, the phonogram, the modification of the computer program or database, as well as other acts performed without clearance in accordance with the law of the contract or agreement. "

The topic caused a keen interest among visitors to the forum, the discussion takes about twelve pages already. The bulk of the messages left in the subject is irony or sarcasm over the user “lava1c” and his messages, as well as attempts to justify one’s morality to 1C and Russian law for using torrents. So in the discussion you can find arguments about the low level of income, the inability to acquire licensed Russian programs (mostly messages from users from foreign countries), and also that torrents are used only to familiarize themselves with the product before making a purchase decision. However, some of the most legally competent users noticed inconsistencies between the actions of the NP SPT and the regulations on which they are based. If you carefully study the text of the Resolution of the Plenum of the Supreme Court, you will notice that persons who place objects of copyright on physical media with open access to them should be held liable. Such persons are the users on whose hard drives data is stored, while the “tracker”, which is the portal torrents.ru, is actually just a search engine that places links to torrent files, which in turn are links to specific data on users' hard drives.

Recall that the "torrents" (torrents) are part of the technology of data transmission via P2P (peer-to-peer) in the so-called "peer-to-peer networks", based on the equality of participants. The basic principle of functioning of such networks is the absence of dedicated servers, while the computers of the participants are both servers and clients. The transfer of information and data in such networks can occur simultaneously between all participants, including not directly. That is, downloading a file in a peer-to-peer network, you can download it simultaneously from several nodes on the network, which at the same time download it from other nodes. In this case, the data is broken down into multiple packets transmitted within the network from the user to the user, and after downloading they are collected back into their original form, which makes it extremely difficult to establish their place of origin (you can compare this principle with the catch phrase “to the world).

Thus, all claims to the torrents.ru site, as a place where copyright objects are physically stored, are not entirely justified, as part of the users reported to the employee of the Non-Profit Partnership of Software Product Manufacturers at the forum. Unfortunately, the response from the Partnership has not yet followed, and the distribution of torrents with 1C products has not been resumed either. All this led to the fact that many users registered on the forum torrents.ru, announced a complete boycott of 1C products. A topic was created in which everyone can announce their accession to the action. Users also complain about the extremely low quality of software products from 1C and are going to disseminate information about the boycott on the network in every way, hoping that their actions will change the company's policy regarding trackers and product quality.

Note that such actions in relation to P2P networks are taken not only in Russia. So, some time ago, in the United States, a process took place against the site of thepiratebay.org, one of the largest torrent portals on the Internet. The process ended with a victory for the site owners, who proved that their resource does not violate any copyright laws, but is merely an analogue of search engines for peer-to-peer networks.

In the meantime, one of the Ukrainian users of the Russian “tracker” has offered to file a collective consumer lawsuit against the company “1C”, demanding to compensate for the moral damage received when using low-quality software products of the company. In the case of filing such a claim, "1C" risks incurring significant losses from angry users of the Runet.