Service to find music again found guilty of piracy
Many people remember the scandalous news that S. B.A. Music Publishing ”achieved in court the removal of the domain delegation www.tracksflow.com and the decision to pay compensation in the amount of 1.5 million rubles in connection with copyright infringement of the singer Maxim.
Experts have considered that such a decision not only created a dangerous precedent, but in general is illegal. But the decision has not yet entered into force, and on April 30 the court changed its verdict .
The decision to segregate the domain was canceled due to the fact that Boris Golikov, who is accused of violating intellectual property rights, is no longer the owner of tracksflow.com. It was also decided to reduce the amount of compensation in favor of the copyright holder. Both defendants - Boris Golikov and Digital Laboratory Ltd. will have to pay the claimant 310,000 rubles each. But this sentence did not become less controversial due to a softening of the sentence.
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As explained by the representative of the defendants Anton Sergo from the law firm “Internet and Law”: “This case is more unusual than it seems at first glance. The Tracksflow site is not a repository of music content (as opponents tried to present it), Tracksflow is a search service (search only) for music. He searches for it on all open sources and provides it to users. Anyone who uses it will be able to make sure of it. For example, the plaintiff "downloaded" music from the social network "VKontakte", which he found using Tracksflow, but filed a lawsuit against Tracksflow, and not the social network. Whether search engines should be responsible for content on other sites is a key issue in this case. It should be understood that there is no existence of software that can distinguish legal content from counterfeit. Counterfeit is a legal concept, not technical or mathematical, respectively, only a person with proper education and knowledge can use the documents (licensing agreements), and not the files themselves, to determine whether the content is counterfeit or not. The phrase from the anecdote: “Search where it’s light, and not where it’s lost” will probably be a long time slogan of dishonest right holders ”.
However, the court did not agree with this argument. According to him, it is thanks to the activities of the owners of the website tracksflow.com songs Maxim became available for download to a huge number of users. Consequently, they must compensate the right holder for the financial damage caused to it.
Experts have considered that such a decision not only created a dangerous precedent, but in general is illegal. But the decision has not yet entered into force, and on April 30 the court changed its verdict .
The decision to segregate the domain was canceled due to the fact that Boris Golikov, who is accused of violating intellectual property rights, is no longer the owner of tracksflow.com. It was also decided to reduce the amount of compensation in favor of the copyright holder. Both defendants - Boris Golikov and Digital Laboratory Ltd. will have to pay the claimant 310,000 rubles each. But this sentence did not become less controversial due to a softening of the sentence.
')
As explained by the representative of the defendants Anton Sergo from the law firm “Internet and Law”: “This case is more unusual than it seems at first glance. The Tracksflow site is not a repository of music content (as opponents tried to present it), Tracksflow is a search service (search only) for music. He searches for it on all open sources and provides it to users. Anyone who uses it will be able to make sure of it. For example, the plaintiff "downloaded" music from the social network "VKontakte", which he found using Tracksflow, but filed a lawsuit against Tracksflow, and not the social network. Whether search engines should be responsible for content on other sites is a key issue in this case. It should be understood that there is no existence of software that can distinguish legal content from counterfeit. Counterfeit is a legal concept, not technical or mathematical, respectively, only a person with proper education and knowledge can use the documents (licensing agreements), and not the files themselves, to determine whether the content is counterfeit or not. The phrase from the anecdote: “Search where it’s light, and not where it’s lost” will probably be a long time slogan of dishonest right holders ”.
However, the court did not agree with this argument. According to him, it is thanks to the activities of the owners of the website tracksflow.com songs Maxim became available for download to a huge number of users. Consequently, they must compensate the right holder for the financial damage caused to it.
Source: https://habr.com/ru/post/223283/
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