What do lawyers say about the Leps vs. trial? In contact with

By decision of the thirteenth arbitration court, the social network VKontakte is obliged to pay 750 thousand rubles. studio "Nikitin Media Digital Content" for violating the rights of the copyright holder for 10 songs by Gregory Leps and 600 thousand rubles. - “Soyuz” studios for violating the rights to the songs of the groups “Aria”, “The King and the Clown” and “Hands Up”. Details of both trials can be found here .

In turn, to understand what is happening, Megamind requested the opinion of Vitaly Selivanov, director of the law firm IT-LEX :

This particular case is difficult to comment on, because the dispute was considered in a closed court session.
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In general terms, it can be said that the law has a special provision on liability for the violation of intellectual rights in the course of entrepreneurial activities (paragraph 3 of Article 1250 of the Civil Code of the Russian Federation).

According to this norm, measures of responsibility for violation of intellectual rights committed by the violator in carrying out entrepreneurial activities are subject to application regardless of the violator’s guilt, unless such person proves that the violation of intellectual rights occurred due to force majeure, that is, extraordinary and unavoidable under given circumstances. .

Further, an entrepreneur, in the order of recourse, may file a claim for damages for a specific person who has committed a violation (clause 4 of Article 1250 of the Civil Code of the Russian Federation).
This rule is fully applied to information brokers. Therefore, the norm on liability of an information mediator in the presence of guilt (Art. 1253.1 of the Civil Code of the Russian Federation) and the grounds specified therein for exempting the information mediator from liability are only important for determining whether he or she has a right to recover damages from a user in a particular case or not.

It was the fault of Vkontakte that was established in this case or not only the solution will show, which, it seems, we will not see.

"Megamind" continues to follow the news on this case.