Expansion of anti-piracy law. Block content will be without a court order
In the state. The Duma adopted the latest amendments to anti-piracy legislation, which entered into force in August 2013. In the final version, the right holder will be able to block the content that violates, in his opinion, without a court order, by making a request to the hosting provider. Penalties for individuals for non-compliance with the law amount to 150-300 thousand rubles, for legal entities. persons - 0.5-1 million rubles.
From August 2013, the right holder could apply to the Moscow City Court for an interim preliminary block for 15 days. The court, in turn, notified the hosting provider about the need to block the page on which the disputed materials are posted. The provider could require the person who posted the content to delete it within 24 hours, otherwise, within three days he must block access to the page where the disputed materials are posted. If the provider did not react, then telecom operators were used to block higher level. The right holder, in turn, had 15 days of security lock in order to file a claim in court. If the lawsuit was not filed, the lock is removed. Since August 2013, 162 decisions on blocking have been made, when the right holders have filed a total of 88.
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The anti-piracy law is extended to the following intellectual property materials:
The law will come into force 90 days after its official publication, excluding musical materials, for them the law will work only from 2016, which is regarded by music labels as “discrimination”, because soc. the network and the network as a whole is overflowing with pirated audio. According to the new text of the bill, the response time of the provider expands from 24 hours to 36 hours to remove disputed materials. The main concern is the addition that the resource that has repeatedly violated this law can be considered prohibited in the territory of the Russian Federation, i.e. block completely, which can hit hard on the freedom of access to various sites.
The new text of the bill also allows you to block content without recourse to the right holder. According to the text of the law, each site owner will have to indicate on it special details of feedback for contacting such questions. The right holder can, without going to court, directly contact the owner of the resource to block content that violates his property rights. The law provides for a mandatory list of information that an applicant must provide to block content. Upon receipt of the request, the hosting provider will have 36 hours to notify the person who placed the materials violating the law to block them. The person who placed will have 9 days to challenge this decision. Having received such an objection, access to the content can be restored within 14 days if no claim was filed with the court. After the expiration of the security lock on the application of the copyright holder, mechanisms similar to the judicial lock procedure, i.e. the material will be blocked until a court decision if the statement of claim was filed.
How costly for owners of the resource will be this procedure, the legislators do not specify, but refer to the fact that such mechanisms are already working in the social. networks "Vkontakte" and "Classmates". Incidentally, the initiative to impose extra-judicial blocking came from the Ministry of Culture.
For violation of the procedure of extrajudicial blocking, as well as for filing of deliberately false information on both sides, both on the part of the user and the right holder, there are penalties. For nat. persons from 150 to 300 thousand rubles, for jur. persons from 0.5 to 1 million rubles. These measures are within the jurisdiction of the administrative law. Some experts point out that the existence of penalties will aggravate the situation and will lead to uncontrolled blocking of content on any request from hosting providers in order to avoid breaking the law and subsequently obtaining a penalty for non-compliance. Those. This mechanism from the contractual one, which he initially thought of (blocking and deleting material without involving the judicial authorities), turns into punitive-compulsory.
The bill may still be amended.
Quite ironic in this situation is that lawmakers are still developing restrictive punitive measures against the end user, instead of forcing media moguls and right holders to create a decent infrastructure for legal digital implementation and distribution of content on the Internet.
How did anti-piracy law work before
From August 2013, the right holder could apply to the Moscow City Court for an interim preliminary block for 15 days. The court, in turn, notified the hosting provider about the need to block the page on which the disputed materials are posted. The provider could require the person who posted the content to delete it within 24 hours, otherwise, within three days he must block access to the page where the disputed materials are posted. If the provider did not react, then telecom operators were used to block higher level. The right holder, in turn, had 15 days of security lock in order to file a claim in court. If the lawsuit was not filed, the lock is removed. Since August 2013, 162 decisions on blocking have been made, when the right holders have filed a total of 88.
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How it will work now
The anti-piracy law is extended to the following intellectual property materials:
- Soft
- Literary works
- broadcast and stream
- musical phonograms (music)
The law will come into force 90 days after its official publication, excluding musical materials, for them the law will work only from 2016, which is regarded by music labels as “discrimination”, because soc. the network and the network as a whole is overflowing with pirated audio. According to the new text of the bill, the response time of the provider expands from 24 hours to 36 hours to remove disputed materials. The main concern is the addition that the resource that has repeatedly violated this law can be considered prohibited in the territory of the Russian Federation, i.e. block completely, which can hit hard on the freedom of access to various sites.
Extra-judicial blocking mechanism
The new text of the bill also allows you to block content without recourse to the right holder. According to the text of the law, each site owner will have to indicate on it special details of feedback for contacting such questions. The right holder can, without going to court, directly contact the owner of the resource to block content that violates his property rights. The law provides for a mandatory list of information that an applicant must provide to block content. Upon receipt of the request, the hosting provider will have 36 hours to notify the person who placed the materials violating the law to block them. The person who placed will have 9 days to challenge this decision. Having received such an objection, access to the content can be restored within 14 days if no claim was filed with the court. After the expiration of the security lock on the application of the copyright holder, mechanisms similar to the judicial lock procedure, i.e. the material will be blocked until a court decision if the statement of claim was filed.
How costly for owners of the resource will be this procedure, the legislators do not specify, but refer to the fact that such mechanisms are already working in the social. networks "Vkontakte" and "Classmates". Incidentally, the initiative to impose extra-judicial blocking came from the Ministry of Culture.
Crime and Punishment
For violation of the procedure of extrajudicial blocking, as well as for filing of deliberately false information on both sides, both on the part of the user and the right holder, there are penalties. For nat. persons from 150 to 300 thousand rubles, for jur. persons from 0.5 to 1 million rubles. These measures are within the jurisdiction of the administrative law. Some experts point out that the existence of penalties will aggravate the situation and will lead to uncontrolled blocking of content on any request from hosting providers in order to avoid breaking the law and subsequently obtaining a penalty for non-compliance. Those. This mechanism from the contractual one, which he initially thought of (blocking and deleting material without involving the judicial authorities), turns into punitive-compulsory.
The bill may still be amended.
Quite ironic in this situation is that lawmakers are still developing restrictive punitive measures against the end user, instead of forcing media moguls and right holders to create a decent infrastructure for legal digital implementation and distribution of content on the Internet.
Source: https://habr.com/ru/post/228239/
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