
And once again welcome the respected Habra-people!
In the previous topic, we explained our position in relation to article 187-FZ, described our relationship with the owners and Roskomnadzor as detailed as possible. It seems to us that enough time has passed and, as we believe, it would be interesting for many to learn about further events to complement the overall picture of what is happening.
So, we can say that relations with copyright holders have ceased, namely, the number of requests to remove this or that content has sharply decreased. We think that this is a rather serious “bell” and with “trepidation” we are awaiting new “letters of happiness” from Roskomnadzor, although, to be more precise, announcements on the RKN website. On the other hand, the right holders and their representatives from Russia can no longer enter the resource. Then yes, this is a “plus” block.
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The only positive thing about past events was that with the help of
Temych, we were able to start a correspondence with Mr. Ksenzov (deputy head of the RKN), from which the following answer was received - attention, quote - “I do not discuss unlocking. This is the question behind the brackets. ”
However, Mr. Xenzov expressed a strong desire to meet with a representative of the resource administration, or, alternatively, to organize a meeting between the right holders and us, where the RKN would be a mediator or moderator of the discussion, to which we were forced to report that before unlocking the resource we had no negotiations they do not intend to carry out, since they have fulfilled all the legal requirements of the court and the RKN, but there was no backlash, moreover, to a quite reasonable proposal regarding the representation of our interests and the position on blocking in accordance with uu Article 187-FZ Roskomsvobody members and the Pirate Party of Russia we were told - I quote - "Participation in the role of representatives of the so-called pirate party is unacceptable."
Another important moment is
in the definition of Judge Knyazev A.A. On August 12, there is a very intriguing text - “... Explain that if the applicant does not file a claim in the timeframe established by the court’s decision on provisional protection of the exclusive rights to films,
the court will consider abolishing provisional security ...” - which does not give clear answers to the question - and in what time frame will the issue of unlocking be considered ?! After all, it is clear that it is useless to demand unlocking of a resource from the RKN, for in fact, they are nothing more than performers. We do not have information that the plaintiff filed a lawsuit, and there is no place to take it, because neither the Moscow City Court on its resource, nor the GAS “Justice”, nor the system of arbitration cases, have any claims. Well, since the court is now clearly in great demand from the “victims”, one can hardly expect any progress in the near foreseeable future regarding the abolition of preliminary security, namely unlocking on our site, and thus this question remains mystery covered in darkness ...
In this situation, we have no choice but to live and work under blocking further.
In order to avoid repetition and misunderstanding, we decided to answer the questions that most often appear in the comments:
Has attendance dropped after locking our resource to RKN?Yes, the amount of traffic from the Russian Federation has decreased, but not critically - the warned user on time took advantage of all the tips on circumventing locks, the data on our website and not only.
What has the RKN achieved? Will you continue to fulfill its requirements?The material, which served as the starting point for the subsequent court decision and blocking, was removed from the site, but the fulfillment of the subsequent requirements of the RNC, as decided by the court, is a big question. If the fulfillment of the requirements does not lead to the desired result, then why carry them out? The ILF did not want or could not clearly demonstrate to us claims about the content, because of which the resource was blocked again and, despite the fact that we declared the absence of this content on the site, the site remains blocked to this day.
You guys are pirates! What you wanted, blocked you and right! Sit and do not protrude!We recommend to read
our first topic on Habré . We collaborated with the right holders, and all correctly and correctly executed requests of the right holders were satisfied. In the future, we intend to continue to cooperate with copyright holders who have contacted us directly with the attachment of relevant documents.
Will you sue the ILV, file complaints with the IGU?No, we will not. Any sane and practicing lawyer will say that the opportunity to win in a similar, politically biased process tends to zero.
And you take and in response, block access to the resource holders, RKN, other state. organs!What for? As a beautiful response gesture? We are already under blocking. All users of the Russian “law-abiding” Internet, alas, can enter the resource only after small dances with tambourines, and we want to believe that it will be necessary not only for them to learn, but also those who provide this “law-abiding”.
You are the first victim of anti-piracy law, what would you change in it in the first place?The correct answer is everything. The whole law is “no”, starting from the rush, in which it was adopted without any discussion with experts and ending with the signature thereof by V.Putin, who clearly did not delve into what he signed, if a month after the law came into force , said at a meeting of the Human Rights Council that when finalizing the law, one should “not overdo it and not kill the Internet.”
Lyrical digression
Having studied the responses to our article and online comments on this issue, I would like to clarify one thing - it’s not at all that we want to inflate the hype and / or increase the “unhealthy” interest in our brainchild, which we are certainly infinitely expensive to, but which we do not consider to be a worthy contender for the title of a pirate resource. Yes, yes, that's right - we position Opensharing as a resource indexing files located in file-sharing networks, as mentioned in the footnote to each page of the site. We are aware of the fact that in the network, including on Habré, more and more opinions are heard with a touch (for the time being) of quiet irritation, imputed to us and to owners of resources like ours, that the so-called pirates, whom and the torrent resources themselves are to blame for the situation, because with their unceremonious arrogance they provoke lawyers to create increasingly absurd laws in order to be able to make anyone guilty, regardless of whether this “any” really is guilty. Hence, we allegedly have a situation in which, according to members of the network community, negatively responding to attempts of file-sharing resources to “complain about life”, law-abiding websites suffer to themselves. We can only agree with this in part. Yes, indeed, thanks to the new law, a situation has arisen in which anyone can be guilty, regardless of whether this “anyone” spreads the files themselves or only information about them, but let's be objective and also agree with that that the existing and existing state of affairs in itself provoked and continues to provoke people to bypass the restrictions that make the purchase of licensed products an unbearable burden for the pocket of an individual, that is, the final sweat rebie
We understand that stealing is not good. But tell me, theft ceases to be theft only because in a single state it is legalized? Or is it considered to be only users of file-sharing resources as a thief? No, it is of course clear that in order to do something and sell, you first need to invest money and sometimes a lot. It is also clear that everyone wants to recoup the costs and make a profit. However, it is not clear why no one thinks about the regulation and fair distribution of these profits, especially when it comes to excess profits, and what is even more interesting, the so-called lost profits? Why is it allowed for someone to get super profits without taking into account the interests of consumers? Who and how counts, what, by whom, why and how much is lost? Why no one conducts research in the field of compliance with the pricing of life in a particular country? The answer is simple, as the corner of the house - yes because!
Everything has been explained to us for a long time and very well with the help of the theses on the economic crisis, on terrorist threats, on the ecological catastrophe approaching us inexorably, on the equally implacable problem of overpopulation, etc. and so on. Everything is very bad, and it becomes even worse, and therefore, gentlemen, do not be indignant, your problems are nothing compared to global problems. Pay silently and do not ask stupid questions why you need to pay so much and why you have to pay, pay and pay again. Pay, because it is necessary.
PS: if someone is interested, you can read the debates on the subject, which were initiated
on the forum of our progenitor, the Charreactor, back in 2006. Even then, the local community expressed different points of view on the problem of file sharing as such, and where you can be sure that the question under discussion worried us long before it received such wide resonance in the network.
Finally I would like to say that we sincerely regret the difficulties that our users have to overcome due to blocking. Nevertheless, our resource continues to function, providing users with possible options to bypass the blocking, which we consider unfair. To the best of our abilities and opportunities, we will take part in the struggle for free file sharing and continue to keep the online community informed of further developments in a timely manner.
PPS: due to the lack of karma, the topic was published under the peer-to-peer hub, although the most appropriate subject is still copyright. We hope that not too exact compliance with the topic will not prevent the article from attracting proper interest to it.
Regards, opensharing.org administration