The court on intellectual rights has figured out how to determine the responsibility of Internet resources for pirated content
The Scientific Advisory Board (NCC) at the Court of Intellectual Rights has prepared a draft certificate of responsibility for the placement of pirated materials. According to the NCC, Internet providers, hosting, social networks, torrents, search engines are not responsible for pirated content, if they do not derive financial benefit from this. Even placing an advertisement on a page with illegal content does not bear such a benefit, experts of the NCC say.
“The certificates issued by the Intellectual Property Court on the basis of the meetings of the council form the judicial practice. If judges have a controversial issue and a certificate is issued on this topic, they can be guided by it. The certificates are not binding, we do not have case law in the country. But they form a uniform judicial practice, ”says the head of the legal department of the Coordination Center of the national domain of the Internet, member of the NCC, Sergey Kopylov.
The above owners of Internet sites are information intermediaries. This concept is defined in article 1253.1 of the Civil Code of the Russian Federation:
"The person transferring the material ... to the Internet, the person providing the possibility of placing the material or information necessary to receive it using the information and telecommunications network, the person providing the opportunity to access the material in this network."
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Three criteria follow from this law, allowing to remove the responsibility for illegal content from the administration of an Internet resource:
The head of the site "Teamo.ru" Andrei Burin believes that the criteria are quite realistic. “We have premoderated content on our website. Moderators cannot determine how legal the content is. But they can detect illegal - for example, inciting ethnic hatred, pornography and so on, ”Burin told Izvestia.
“The certificates issued by the Intellectual Property Court on the basis of the meetings of the council form the judicial practice. If judges have a controversial issue and a certificate is issued on this topic, they can be guided by it. The certificates are not binding, we do not have case law in the country. But they form a uniform judicial practice, ”says the head of the legal department of the Coordination Center of the national domain of the Internet, member of the NCC, Sergey Kopylov.
The above owners of Internet sites are information intermediaries. This concept is defined in article 1253.1 of the Civil Code of the Russian Federation:
"The person transferring the material ... to the Internet, the person providing the possibility of placing the material or information necessary to receive it using the information and telecommunications network, the person providing the opportunity to access the material in this network."
')
Three criteria follow from this law, allowing to remove the responsibility for illegal content from the administration of an Internet resource:
- Internet resource should not earn on the placement of illegal content. Display advertising is considered an indirect profit and is not counted.
- Materials on the resources posted by users
- All content is being moderated.
The head of the site "Teamo.ru" Andrei Burin believes that the criteria are quite realistic. “We have premoderated content on our website. Moderators cannot determine how legal the content is. But they can detect illegal - for example, inciting ethnic hatred, pornography and so on, ”Burin told Izvestia.
Source: https://habr.com/ru/post/290478/
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