Lawyers comment on the requirement of the court to remove Russian Linux from torrents
On May 4, Morsgorsud decided to restrict access to a pirated copy of the Astra Linux operating system developed by the Russian company JSC NPO RusBITech. The court decided to stop distributing the distribution from three sites: darkos.club , only-soft.info and torplanet.ru ( 3.23 GB ).
This is the first case in the Russian legal practice, when the "anti-piracy" law is used to combat the illegal distribution of the Linux distribution.
The Astra Linux distribution is based on Debian, the standard version can be downloaded from the official site and the source repository . The special-purpose version is distributed only through the centers of competence of JSC NPO RusBITech in the relevant federal district - and illegally through torrents.
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Astra Linux is a protected distribution of Linux for use in government organizations and security forces. The Special Edition version is certified by the Ministry of Defense, the Federal Security Service of Russia and the Federal Service for Technical and Export Control and is suitable for working with information classified as “top secret”.
The decision of the Moscow City Court immediately caused bewilderment in the Linux community. The site Opennet.ru note that the Astra Linux Special Edition distribution is distributed under a fairly controversial licensing agreement prohibiting:
They joked at the forum that for violating the RusBITECh license agreement we should expect the blocking of the Debian site and so on.
If in fact, there are several modules in the Astra Linux distribution that are objects of exclusive rights - these are kernel modules and corresponding user-space bindings to ensure compliance with the requirements for access control to information of the level of secrecy, several utilities for administering the system are still minor .
However, it is truly an object of copyright.
The authors are listed in the court decision:
Lyapin V.R., Sosnin Yu.V., Kovin A.E., Oruzheynikov A.L., Kulikov G.V., Kosykh P.A., Smirnov A.Yu., Mironov A.V., Nepomnyaschikh A .V., Kalichev S.A., Shumilin A.V., Podobaev V.N., Mayorova A.V., Zatolokina V.V., Podyapolsky V.V., Makhalkin A.V.
Vladimir Rubanov, Managing Director of Rosplatforma, former president and chief designer of ROSA (Russian Linux distribution), agrees with the court’s decision : “Astra Linux, as an integral product, contains both open and closed components, therefore the developers demand to remove it from torrent distributions in part of the closed components looks logical. "
Alexey Smirnov, CEO of Alt Linux, also protects his colleagues: “For me personally, such prosecution is unpleasant, but from the point of view of the law, they have the right to do so. It seems to me that in the field of open-source software it is worthwhile to behave more delicately, especially since such a distribution on the torrent does not threaten. What is the point of downloading a certified distribution kit - without a form, without a license, you don’t use it for data protection. ”
At the same time, Sarkis Darbinyan, a lawyer of the Roskomsvoboda project, points out that the license and actions of the RusBITech Scientific and Production Association clearly violate the initial terms of the GNU GPL license: “This license was not created for the organization to manufacture software for the FSB and the Defense Ministry on based on Linux, used the “anti-piracy” law to prohibit users from distributing software and changing code, ”Darbinyan says. “I think the Free Software Foundation, as a third party, has every reason to contact the Moscow City Court to reject the said application.”
"To oblige the Federal Service for Supervision in the Sphere of Communications, Information Technologies and Mass Communications and other persons to stop creating technical conditions ensuring the deployment, distribution and other use of the object of exclusive rights of the computer program:" Special-purpose operating system "Astra Linux Special Edition" for 64 -x discharge platform based on x86-64 processor architecture on the Internet information and telecommunication network site, ”said the court decision .
This is the first case in the Russian legal practice, when the "anti-piracy" law is used to combat the illegal distribution of the Linux distribution.
The Astra Linux distribution is based on Debian, the standard version can be downloaded from the official site and the source repository . The special-purpose version is distributed only through the centers of competence of JSC NPO RusBITech in the relevant federal district - and illegally through torrents.
')
Astra Linux is a protected distribution of Linux for use in government organizations and security forces. The Special Edition version is certified by the Ministry of Defense, the Federal Security Service of Russia and the Federal Service for Technical and Export Control and is suitable for working with information classified as “top secret”.
Court decision of May 4, 2016
Judge of the Moscow City Court I. Basyrov, having studied the statement of JSC “NPO RusBITech” about taking preliminary interim measures aimed at ensuring exclusive rights to the computer program: “Special-purpose operating system“ Astra Linux Special Edition ”for a 64-bit platform based on x86-64 processor architecture ”, available on the Internet information and telecommunication network torplanet.ru ,
INSTALLED:
In connection with the enactment of the Federal Law of November 24, 2014 No. 364- “On Amendments to the Federal Law“ On Information, Information Technologies and Information Protection ”and the Civil Procedure Code of the Russian Federation”, the Moscow City Court received a statement from JSC “ NPO RusBITech ”on the adoption of preliminary interim measures aimed at ensuring the protection of exclusive rights to a computer program:“ Astra Linux Special Edition operating system for 64-bit platform based on percents ssornoy architecture x86-64 ", which, according to the applicant, posted on the information and telecommunications network" Internet "on the relevant site without the permission of the copyright holder.
By virtue of Part 1 of Art. 144.1 Code of Civil Procedure of the Russian Federation, the court, upon a written application of an organization or a citizen, has the right to take preliminary provisional measures aimed at ensuring protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photographs, of the applicant in information and telecommunication networks, including on the Internet, before filing a claim.
In accordance with Art. 140 Code of Civil Procedure of the Russian Federation measures to secure the claim may be including the imposition on the defendant and other persons the obligation to perform certain actions concerning the subject of the dispute about the violation of copyright and (or) related rights, in addition to the rights to photographic works and works obtained by methods similar to photographs, in information and telecommunication networks, including the Internet.
According to Part 4 of Art. 144.1 Code of Civil Procedure of the Russian Federation when applying for the preliminary protection of copyright and (or) related rights, in addition to the rights to photographic works and works obtained by methods similar to photographs in information and telecommunication networks, including the Internet, the applicant submits to court documents confirming the fact of using in the information and telecommunication networks, including on the Internet, objects of exclusive rights and rights of the applicant to these objects.
After examining this statement, checking the submitted materials, the court concludes that the said statement on the adoption of preliminary interim measures is subject to satisfaction, since the documents confirming the fact of the use of the above-mentioned object of exclusive rights in the information and telecommunication network “Internet” network "Internet" torplanet.ru , as well as documents reflecting the exclusive rights of JSC "NPO RusBITeh" in a computer program: "Operating system special purpose “Astra Linux Special Edition” for the 64-bit platform based on the x86-64 processor architecture ”, is submitted to the court when the application is submitted, and therefore this statement is valid and aimed at achieving the goals and objectives defined during the adoption of the aforementioned Federal of the law of November 24, 2014, No. 364-.
Based on the above, guided by art. 144.1 Code of Civil Procedure of the Russian Federation
DETERMINED:
Statement of JSC “RusBITech” on the adoption of preliminary interim measures aimed at ensuring the protection of exclusive rights to the computer program: “Astra Linux Special Edition special purpose operating system for a 64-bit platform based on x86-64 processor architecture”, hosted by on the website of the Internet information and telecommunications network torplanet.ru , to satisfy.
To oblige the Federal Service for Supervision in the Sphere of Communications, Information Technologies and Mass Communications and other persons to stop creating technical conditions ensuring the deployment, distribution and other use of the object of exclusive rights of the computer program: “Astra Linux Special Edition Operating System for 64- x bit platform based on x86-64 processor architecture ”on the Internet information-telecommunication network site torplanet.ru .
Establish a procedural deadline of fifteen days from the date of the present determination for filing a claim with JSC RusBITech NPP upon request, in connection with which the court took measures to ensure the property interests of the applicant.
Explain that if the applicant does not file a claim within the period established by the court ruling on preliminary provision of protection of copyright and (or) related rights to a musical work, the court will consider the issue of canceling the preliminary security; if the applicant submits a claim on demand, in connection with which the court took measures to preliminarily ensure the protection of exclusive rights to the computer program: “Astra Linux Special Edition operating system for a 64-bit platform based on x86- processor architecture 64 ”, these measures act as measures to secure a claim.
On the basis of this definition, on preliminary provision of protection of exclusive rights to a computer program: “Astra Linux Special Edition special purpose operating system for a 64-bit platform based on x86-64 processor architecture” issue a writ of execution to the collector of JSC RPO RusBITech.
The determination may be appealed to the appeals instance of the Moscow City Court within 15 days through the court, which made the determination.
The judge of the Moscow City Court Basyrov AND.AND.
INSTALLED:
In connection with the enactment of the Federal Law of November 24, 2014 No. 364- “On Amendments to the Federal Law“ On Information, Information Technologies and Information Protection ”and the Civil Procedure Code of the Russian Federation”, the Moscow City Court received a statement from JSC “ NPO RusBITech ”on the adoption of preliminary interim measures aimed at ensuring the protection of exclusive rights to a computer program:“ Astra Linux Special Edition operating system for 64-bit platform based on percents ssornoy architecture x86-64 ", which, according to the applicant, posted on the information and telecommunications network" Internet "on the relevant site without the permission of the copyright holder.
By virtue of Part 1 of Art. 144.1 Code of Civil Procedure of the Russian Federation, the court, upon a written application of an organization or a citizen, has the right to take preliminary provisional measures aimed at ensuring protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photographs, of the applicant in information and telecommunication networks, including on the Internet, before filing a claim.
In accordance with Art. 140 Code of Civil Procedure of the Russian Federation measures to secure the claim may be including the imposition on the defendant and other persons the obligation to perform certain actions concerning the subject of the dispute about the violation of copyright and (or) related rights, in addition to the rights to photographic works and works obtained by methods similar to photographs, in information and telecommunication networks, including the Internet.
According to Part 4 of Art. 144.1 Code of Civil Procedure of the Russian Federation when applying for the preliminary protection of copyright and (or) related rights, in addition to the rights to photographic works and works obtained by methods similar to photographs in information and telecommunication networks, including the Internet, the applicant submits to court documents confirming the fact of using in the information and telecommunication networks, including on the Internet, objects of exclusive rights and rights of the applicant to these objects.
After examining this statement, checking the submitted materials, the court concludes that the said statement on the adoption of preliminary interim measures is subject to satisfaction, since the documents confirming the fact of the use of the above-mentioned object of exclusive rights in the information and telecommunication network “Internet” network "Internet" torplanet.ru , as well as documents reflecting the exclusive rights of JSC "NPO RusBITeh" in a computer program: "Operating system special purpose “Astra Linux Special Edition” for the 64-bit platform based on the x86-64 processor architecture ”, is submitted to the court when the application is submitted, and therefore this statement is valid and aimed at achieving the goals and objectives defined during the adoption of the aforementioned Federal of the law of November 24, 2014, No. 364-.
Based on the above, guided by art. 144.1 Code of Civil Procedure of the Russian Federation
DETERMINED:
Statement of JSC “RusBITech” on the adoption of preliminary interim measures aimed at ensuring the protection of exclusive rights to the computer program: “Astra Linux Special Edition special purpose operating system for a 64-bit platform based on x86-64 processor architecture”, hosted by on the website of the Internet information and telecommunications network torplanet.ru , to satisfy.
To oblige the Federal Service for Supervision in the Sphere of Communications, Information Technologies and Mass Communications and other persons to stop creating technical conditions ensuring the deployment, distribution and other use of the object of exclusive rights of the computer program: “Astra Linux Special Edition Operating System for 64- x bit platform based on x86-64 processor architecture ”on the Internet information-telecommunication network site torplanet.ru .
Establish a procedural deadline of fifteen days from the date of the present determination for filing a claim with JSC RusBITech NPP upon request, in connection with which the court took measures to ensure the property interests of the applicant.
Explain that if the applicant does not file a claim within the period established by the court ruling on preliminary provision of protection of copyright and (or) related rights to a musical work, the court will consider the issue of canceling the preliminary security; if the applicant submits a claim on demand, in connection with which the court took measures to preliminarily ensure the protection of exclusive rights to the computer program: “Astra Linux Special Edition operating system for a 64-bit platform based on x86- processor architecture 64 ”, these measures act as measures to secure a claim.
On the basis of this definition, on preliminary provision of protection of exclusive rights to a computer program: “Astra Linux Special Edition special purpose operating system for a 64-bit platform based on x86-64 processor architecture” issue a writ of execution to the collector of JSC RPO RusBITech.
The determination may be appealed to the appeals instance of the Moscow City Court within 15 days through the court, which made the determination.
The judge of the Moscow City Court Basyrov AND.AND.
The decision of the Moscow City Court immediately caused bewilderment in the Linux community. The site Opennet.ru note that the Astra Linux Special Edition distribution is distributed under a fairly controversial licensing agreement prohibiting:
- 6.1.1. Copying and replication of the software product or any of its component parts in order to transfer the rights received under this agreement to third parties.
- 6.1.2. Decompiling and reassembling, unprotecting a software product from copying and replicating any components of a software product.
- 6.1.4. Distribution of a software product, any changes to it, or translation of its text into another language.
- 6.1.5. Installing a software product on more than one computer without entering into a License Agreement in accordance with clause 2.1 of this agreement.
They joked at the forum that for violating the RusBITECh license agreement we should expect the blocking of the Debian site and so on.
If in fact, there are several modules in the Astra Linux distribution that are objects of exclusive rights - these are kernel modules and corresponding user-space bindings to ensure compliance with the requirements for access control to information of the level of secrecy, several utilities for administering the system are still minor .
However, it is truly an object of copyright.
The authors are listed in the court decision:
Lyapin V.R., Sosnin Yu.V., Kovin A.E., Oruzheynikov A.L., Kulikov G.V., Kosykh P.A., Smirnov A.Yu., Mironov A.V., Nepomnyaschikh A .V., Kalichev S.A., Shumilin A.V., Podobaev V.N., Mayorova A.V., Zatolokina V.V., Podyapolsky V.V., Makhalkin A.V.
Vladimir Rubanov, Managing Director of Rosplatforma, former president and chief designer of ROSA (Russian Linux distribution), agrees with the court’s decision : “Astra Linux, as an integral product, contains both open and closed components, therefore the developers demand to remove it from torrent distributions in part of the closed components looks logical. "
Alexey Smirnov, CEO of Alt Linux, also protects his colleagues: “For me personally, such prosecution is unpleasant, but from the point of view of the law, they have the right to do so. It seems to me that in the field of open-source software it is worthwhile to behave more delicately, especially since such a distribution on the torrent does not threaten. What is the point of downloading a certified distribution kit - without a form, without a license, you don’t use it for data protection. ”
At the same time, Sarkis Darbinyan, a lawyer of the Roskomsvoboda project, points out that the license and actions of the RusBITech Scientific and Production Association clearly violate the initial terms of the GNU GPL license: “This license was not created for the organization to manufacture software for the FSB and the Defense Ministry on based on Linux, used the “anti-piracy” law to prohibit users from distributing software and changing code, ”Darbinyan says. “I think the Free Software Foundation, as a third party, has every reason to contact the Moscow City Court to reject the said application.”
Source: https://habr.com/ru/post/357544/
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