Court: “Vkontakte” is an information mediator, the network is not responsible for pirated content from users
At the end of September, the Arbitration Court of St. Petersburg and the Leningrad Region did not satisfy the claims of the Warner and Universal companies to VKontakte in the amount of thirty one million rubles. In the reasoning part of the decision, the court recognized the social network as a bona fide information mediator.
Photo: E. Reasonable / Vedomosti
Warner Music UK Limited, Sony Music Entertainment, Universal Music in the spring of 2015 began to sue VKontakte. The right holders demanded to introduce the technology of “digital print” and pay them for “piracy”. In July, Sony Music and Vkontakte entered into a settlement agreement , the companies agreed to legalize music in a social network.
In September, the court refused Warner and Universal to satisfy the claim. According to the court, "Vkontakte" does not violate the exclusive rights of the owners of music tracks, allowing users to download music. Vkontakte is a bona fide intermediary who, at the request of copyright holders, removes pirated content, writes Vedomosti . The judge referred to the contract of the World Intellectual Property Organization, which establishes that the provision of physical means to make a message is not in itself a message.
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The court indicated that the plaintiffs did not provide the social network with evidence that the tracks belong to them, and only gave a verbal description of the tracks, and that “Vkontakte was not able to identify them and eliminate the violation. After receiving the tracks network deleted files.
The rightholders demanded to stop creating technical conditions for downloading tracks. The court decided that there is no legal basis for this. According to the court, Vkontakte is an information intermediary who is not responsible for the violation of the rights of its users.
"Vkontakte" won the court, but now, according to his decision, the social network needs to increase the effectiveness of the fight against pirated content.
Photo: E. Reasonable / Vedomosti
Warner Music UK Limited, Sony Music Entertainment, Universal Music in the spring of 2015 began to sue VKontakte. The right holders demanded to introduce the technology of “digital print” and pay them for “piracy”. In July, Sony Music and Vkontakte entered into a settlement agreement , the companies agreed to legalize music in a social network.
In September, the court refused Warner and Universal to satisfy the claim. According to the court, "Vkontakte" does not violate the exclusive rights of the owners of music tracks, allowing users to download music. Vkontakte is a bona fide intermediary who, at the request of copyright holders, removes pirated content, writes Vedomosti . The judge referred to the contract of the World Intellectual Property Organization, which establishes that the provision of physical means to make a message is not in itself a message.
')
The court indicated that the plaintiffs did not provide the social network with evidence that the tracks belong to them, and only gave a verbal description of the tracks, and that “Vkontakte was not able to identify them and eliminate the violation. After receiving the tracks network deleted files.
The rightholders demanded to stop creating technical conditions for downloading tracks. The court decided that there is no legal basis for this. According to the court, Vkontakte is an information intermediary who is not responsible for the violation of the rights of its users.
"Vkontakte" won the court, but now, according to his decision, the social network needs to increase the effectiveness of the fight against pirated content.
Source: https://habr.com/ru/post/295154/
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