Moscow City Court refused to decide on blocking copies and mirrors Rutracker
The Moscow City Court judge, Alexander Lopatkin, refused to decide on the blocking of the mirrors of the Rutracker torrent tracker, RIA Novosti reports. The decision of the judge was motivated by the fact that the plaintiffs did not (or could not) indicate “the domain names of the copies of the named site and the sites derived from it, their network addresses, did not confirm the fact of their existence”.
Based on this, the following decision was made: “The court refuses to satisfy the claimant’s requirement to permanently restrict access to copies of the named site or sites derived from it, placed on the Internet information and telecommunication network under other domain names or at other network addresses, including including in cases where they are accessed in the order of redirection from the specified domain name. ”
The judge explained her decision, leaving the following comment: "In addition, the permanent restriction of access to abstract (unidentifiable) sites will create legal uncertainty, exclude the possibility of executing a judicial act."
Now the Moscow City Court does not have the right to automatically block the mirrors of pirated sites. But the situation may soon change. A few days earlier , a meeting was held between the right holders and representatives of Roskomnadzor, where a decision was taken to draft a bill equalizing the “mirrors” and the blocked resources themselves. According to Alexander Akopov, the president of the Amedia film company, it was already high time for the term “mirror of the site” to be defined by law, which will help the courts decide on such resources.
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The Moscow City Court’s website also published the second decision on permanent blocking of Rutracker. This decision was made by the judge Mikhail Kazakov. By virtue of the decision has not yet entered. At the same time, the judge indicated that the resource "is a malicious copyright infringer of the copyright holders".
Let me remind you that now a number of companies are planning to seek the delimitation of the domain Rutracker.org. Doing this will be the National Federation of the music industry, which includes Sony Music, Universal Music, Warner Music and other labels.
Based on this, the following decision was made: “The court refuses to satisfy the claimant’s requirement to permanently restrict access to copies of the named site or sites derived from it, placed on the Internet information and telecommunication network under other domain names or at other network addresses, including including in cases where they are accessed in the order of redirection from the specified domain name. ”
The judge explained her decision, leaving the following comment: "In addition, the permanent restriction of access to abstract (unidentifiable) sites will create legal uncertainty, exclude the possibility of executing a judicial act."
Now the Moscow City Court does not have the right to automatically block the mirrors of pirated sites. But the situation may soon change. A few days earlier , a meeting was held between the right holders and representatives of Roskomnadzor, where a decision was taken to draft a bill equalizing the “mirrors” and the blocked resources themselves. According to Alexander Akopov, the president of the Amedia film company, it was already high time for the term “mirror of the site” to be defined by law, which will help the courts decide on such resources.
')
The Moscow City Court’s website also published the second decision on permanent blocking of Rutracker. This decision was made by the judge Mikhail Kazakov. By virtue of the decision has not yet entered. At the same time, the judge indicated that the resource "is a malicious copyright infringer of the copyright holders".
Let me remind you that now a number of companies are planning to seek the delimitation of the domain Rutracker.org. Doing this will be the National Federation of the music industry, which includes Sony Music, Universal Music, Warner Music and other labels.
Source: https://habr.com/ru/post/390355/
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