Bill on arbitrary blocking of sites adopted
Today, the bill passed the second and third reading in the Duma. Its final version is even worse than the intermediate ones. All Internet industry amendments that could add a bit of common sense to the regulatory mechanism were completely ignored.
The current text of the project prohibits including the placement of links to pages where potential exclusive rights may be violated, and establishes responsibility for such actions. The wording added to the law is so vague that you can apply it to anyone — to search engines, to honest resources, and simply to people.
Here is a part of it: “... the person providing the opportunity to post material or information necessary for its receipt using the information and telecommunications network, the person providing the opportunity to access the material on this network is the information intermediary — responsible for the violation of intellectual property rights telecommunications network on the general basis provided by this Code, if there is fault. ” Apparently, according to the legislators, before placing any link anywhere - for example, in the comments on the social network - any person must obtain the consent of all possible owners.
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The article containing this wording is added to the general provisions of the fourth part of the Civil Code of the Russian Federation. This means that it will apply to all objects of exclusive rights, including literary works, photographs, music, patents, trademarks, etc. In addition, the article states that a notification to the provider about blocking any content or a link to it may contain only an IP address. Such an approach is technically illiterate and threatens the very existence of search engines and any other Internet resources.
In such a revision, the bill is directed against the logic of the functioning of the Internet and will hit absolutely everyone - even not only Internet users and site owners, but also the rights holders themselves. The chosen method of regulation is fighting not with pirates, but with the Internet - it is the same as closing the highway on which one accident occurred forever.
According to the procedure, the law will come into force on August 1. From this point on, anyone who has posted a link somewhere may be held responsible “on a general basis”.
The story does not end there. In the autumn, the deputies, apparently, are going to continue lawmaking in this area and to extend the mechanism introduced to other copyright objects (in the current draft law it is only “films, including films, television films”). Despite the current situation, we will not abandon attempts to convey to the State Duma the possibilities of solving the problem of piracy without prejudice to the development of the Russian Internet.
The current text of the project prohibits including the placement of links to pages where potential exclusive rights may be violated, and establishes responsibility for such actions. The wording added to the law is so vague that you can apply it to anyone — to search engines, to honest resources, and simply to people.
Here is a part of it: “... the person providing the opportunity to post material or information necessary for its receipt using the information and telecommunications network, the person providing the opportunity to access the material on this network is the information intermediary — responsible for the violation of intellectual property rights telecommunications network on the general basis provided by this Code, if there is fault. ” Apparently, according to the legislators, before placing any link anywhere - for example, in the comments on the social network - any person must obtain the consent of all possible owners.
')
The article containing this wording is added to the general provisions of the fourth part of the Civil Code of the Russian Federation. This means that it will apply to all objects of exclusive rights, including literary works, photographs, music, patents, trademarks, etc. In addition, the article states that a notification to the provider about blocking any content or a link to it may contain only an IP address. Such an approach is technically illiterate and threatens the very existence of search engines and any other Internet resources.
In such a revision, the bill is directed against the logic of the functioning of the Internet and will hit absolutely everyone - even not only Internet users and site owners, but also the rights holders themselves. The chosen method of regulation is fighting not with pirates, but with the Internet - it is the same as closing the highway on which one accident occurred forever.
According to the procedure, the law will come into force on August 1. From this point on, anyone who has posted a link somewhere may be held responsible “on a general basis”.
The story does not end there. In the autumn, the deputies, apparently, are going to continue lawmaking in this area and to extend the mechanism introduced to other copyright objects (in the current draft law it is only “films, including films, television films”). Despite the current situation, we will not abandon attempts to convey to the State Duma the possibilities of solving the problem of piracy without prejudice to the development of the Russian Internet.
Source: https://habr.com/ru/post/184182/
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