Ministry of Communications and Mass Communications: Roskomnadzor should determine the mirrors of sites

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As already reported on Geektimes, many sites that are blocked in Russia, immediately after blocking, move to new domains. Now the Moscow City Court does not have the right to automatically block the mirrors of pirated sites, as a result of which the right holders have to file a new lawsuit. The problem is that the concept of a “mirror” or a copy of a site is not enshrined in legislation, respectively, and there is no judicial procedure for blocking clones of blocked sites.

Earlier, a group of owners together with Roskomnadzor prepared a new bill proposing to ban mirrors of sites (in relation to which a decision on “eternal” blocking was issued) without a court decision. Now the Ministry of Communications and Mass Media, in the person of Deputy Minister Alexei Volin, has proposed delegating the duty of deciding whether the site is a “mirror” of a blocked pirate resource ... Roskomnadzor, writes Izvestia. “We proceed from the fact that Roskomnadzor itself can decide that it is a mirror,” said Volin.

In the bill, which was mentioned above, the term “mirror” was replaced with “derived site on the Internet”. The full definition of a “derived site” now reads as follows: “A derived site on the Internet - having a similar name and display site on the Internet, created as a result of moving, fully or partially copying information from another site on the Internet, their automatic synchronization, translation of such information from one language to another language and (or) providing users with access to services and information provided on another site through a common management system. ” This definition is proposed to be introduced by clause 13.1 of Article 2 of Law 149- “On Information, Information Technologies and Information Protection”.
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Interestingly, Roskomnadzor itself opposes this initiative of the Ministry of Communications and Mass Media. “This approach violates the basic principle, confirmed by the legislators in two versions of the anti-piracy law. Namely: the law unequivocally relates the protection of copyright on the Internet to the sphere of civil law relations. And all decisions here are solely within the jurisdiction of the court. Therefore, we intend to insist on preserving in the bill a legal construction providing for the issuance of a court order on the “mirrors”. As for the examination of derivative sites, we believe that it should be carried out by industry experts, whose qualifications should be confirmed. For example, in the form of accreditation by Roskomnadzor, ”commented Vadim Ampelonsky, an official representative of Roskomnadzor.