Ministry of Culture of the Russian Federation proposed to permanently block pirated sites without a court decision
The Ministry of Culture has developed a draft law “On Amendments to the Federal Law“ On Information, Information Technologies and Information Protection ”(regarding the protection of copyright and (or) related rights in information and telecommunication networks, including the Internet)).
The Ministry of Culture proposes to make 14 changes to the current law. The draft law describes in detail the procedure for how a site with unlicensed materials posted for several days without trial will be blocked forever (the phrase “Removing access restrictions to such a site is not allowed” in paragraph 12 of the text of the regulatory act).
In addition, the bill contains a mandatory requirement to indicate the contact details of the site owner: name, location and address (for legal entities), name and address (for individuals), as well as an email address.
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Now the bill is publicly discussed on the portal regulation.gov.ru .
In general, the algorithm of actions is as follows:
The authors of the bill emphasize that both the right holder himself and the licensee, who has received an exclusive license for the object of copyright and (or) related rights, may put forward requirements to block websites.
Such changes dramatically change the blocking mechanism of sites that host unlicensed copies of software, movies, books and other objects of copyright and related rights. Currently, the Law on Information, Information Technologies and Information Protection provides that in the event of a violation, the right holder must go to court to remove illegal content on the Internet. There, in one day he is given a definition of blocking links. Then within two weeks the right holder must file a claim for the removal of pirated content from the site. But to initiate legal proceedings, it is necessary to establish the owner of the site - only then the blocking measures remain valid until the end of the case consideration. And blocking the site permanently is possible only after a second copyright infringement and a second lawsuit from the copyright holder.
Now they are offering to permanently block sites without a trial for several days. Of course, this is a much more rigid procedure. But the rightholders argue their position by the fact that the lack of contact information on the site seriously slows down the trial, and during the premiere and distribution of the film every day is critically important. Representatives of rights holders refer to a similar DMCA law in the United States in the regulatory impact assessment report.
However, as a result of public discussion and receiving feedback from representatives of interested parties, the bill may be adjusted. Analyst of the Russian Association of Electronic Communications (RAEC) Karen Ghazaryan reminded that this is not the first attempt of the Ministry of Culture to complicate the lives of pirated sites. The ministry submitted the previous version of the amendments in the fall of 2017, but it received a negative review. “The new version is much tougher, as now it does not provide the possibility of judicial settlement of the issue between the Internet resource and the copyright holder. If accepted for blocking, only the application of the right holder to Roskomnadzor will be required, ”explains Ghazaryan. He believes that such a law “will lead to a significant increase in blocking and, as a result, will turn the field of public opinion to the side of the pirates. This will lead to an escalation of the conflict between resources and rightholders, and not in favor of the latter. ”
The lawyer of the Roskomsvoboda project, Sarkis Darbinyan, added that pirates can easily bypass such blockages by redirecting to mirrors, but legal services may suffer by mistake or due to dishonest applicants.
Discussion of the new bill will last until March 21, 2018. Responsible for the development - Aglaia M. Ali-Hussein, her address to send their proposals:
When commenting on this material, please follow the rules Geektimes . Please refrain from insults and trolling. Postmoderation works in the comments.
The Ministry of Culture proposes to make 14 changes to the current law. The draft law describes in detail the procedure for how a site with unlicensed materials posted for several days without trial will be blocked forever (the phrase “Removing access restrictions to such a site is not allowed” in paragraph 12 of the text of the regulatory act).
In addition, the bill contains a mandatory requirement to indicate the contact details of the site owner: name, location and address (for legal entities), name and address (for individuals), as well as an email address.
')
Now the bill is publicly discussed on the portal regulation.gov.ru .
In general, the algorithm of actions is as follows:
- The right holder requires the owner of the site or hosting to remove unlicensed content by sending him a corresponding application to the specified contact address.
- If the application is sent to the hosting provider, he immediately sends a copy to the site owner and notifies him of the need to take measures to remove the information.
- If there are no contacts or the site owner does not remove pirated content within 24 hours, the copyright holder requires the host to block the site.
- If the hoster does not respond, the copyright holder applies to Roskomnadzor.
- Roskomnadzor within 24 hours sends a notification of the incoming request to the address of the host or the site owner.
- If, within 24 hours after sending the notice, the site owner and / or hosting provider does not provide information on taking measures aimed at stopping the infringement of copyright and (or) related rights based on the copyright holder’s application, Roskomnadzor will immediately:
- Directs on the system of interaction to providers the requirement to take measures to limit access to the site;
- Sends the owner of the site and (or) hosting provider a notification in electronic form in Russian and English about the restriction of access to the site.
- Within 24 hours of receipt of the request of Roskomnadzor, the provider is obliged to restrict access to the site. Removing restrictions on access to such a site is not allowed .
- Information about blocked sites is posted on the official website of Roskomnadzor, indicating the reason for blocking.
The authors of the bill emphasize that both the right holder himself and the licensee, who has received an exclusive license for the object of copyright and (or) related rights, may put forward requirements to block websites.
Such changes dramatically change the blocking mechanism of sites that host unlicensed copies of software, movies, books and other objects of copyright and related rights. Currently, the Law on Information, Information Technologies and Information Protection provides that in the event of a violation, the right holder must go to court to remove illegal content on the Internet. There, in one day he is given a definition of blocking links. Then within two weeks the right holder must file a claim for the removal of pirated content from the site. But to initiate legal proceedings, it is necessary to establish the owner of the site - only then the blocking measures remain valid until the end of the case consideration. And blocking the site permanently is possible only after a second copyright infringement and a second lawsuit from the copyright holder.
Now they are offering to permanently block sites without a trial for several days. Of course, this is a much more rigid procedure. But the rightholders argue their position by the fact that the lack of contact information on the site seriously slows down the trial, and during the premiere and distribution of the film every day is critically important. Representatives of rights holders refer to a similar DMCA law in the United States in the regulatory impact assessment report.
However, as a result of public discussion and receiving feedback from representatives of interested parties, the bill may be adjusted. Analyst of the Russian Association of Electronic Communications (RAEC) Karen Ghazaryan reminded that this is not the first attempt of the Ministry of Culture to complicate the lives of pirated sites. The ministry submitted the previous version of the amendments in the fall of 2017, but it received a negative review. “The new version is much tougher, as now it does not provide the possibility of judicial settlement of the issue between the Internet resource and the copyright holder. If accepted for blocking, only the application of the right holder to Roskomnadzor will be required, ”explains Ghazaryan. He believes that such a law “will lead to a significant increase in blocking and, as a result, will turn the field of public opinion to the side of the pirates. This will lead to an escalation of the conflict between resources and rightholders, and not in favor of the latter. ”
The lawyer of the Roskomsvoboda project, Sarkis Darbinyan, added that pirates can easily bypass such blockages by redirecting to mirrors, but legal services may suffer by mistake or due to dishonest applicants.
Discussion of the new bill will last until March 21, 2018. Responsible for the development - Aglaia M. Ali-Hussein, her address to send their proposals:
aglaya.ali-khusein@mkrf.ru . Contact phone: 8 (495) 629-7255.When commenting on this material, please follow the rules Geektimes . Please refrain from insults and trolling. Postmoderation works in the comments.
Source: https://habr.com/ru/post/358042/
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