The crucial for the holders of mp3-archives clauses of the law
“On Copyright and Related Rights” will take effect only on September 1, 2006. According to these clauses, only copyright holders will be able to post files “online” for later downloading for money or for free. However, the guardians of copyright are already going on the offensive, creating precedents.
For
example , Content and Law, whose lawyers are currently investigating about 30 possible violations, recently won a lawsuit against the owner of the online store
mp3sugar.com , X-Media. The reason for the lawsuit was the placement on the mp3sugar.com website of the phonograms of the singer Alexei Glyzin without the necessary permission of the copyright holder, Content and Law. By a
court decision , the amount of compensation that the defendant is obliged to pay was 270 thousand rubles.
Militant "Content and Law" (part of the GEM group of companies) reported that lawyers of the company tried to resolve the matter with the "X-Media" world, but oral negotiations did not lead to success. “Instead, X-Media began to confuse traces, changing the registrar of its domain,” the plaintiff
said in a report. - The law "Content and Law" overcame this problem, going through the whole chain, and went to the final registrar .... On June 8, 2006, the Arbitration Court of the city of Moscow considered the first case (of several) to the online store mp3sugar.com. ” What ended the process, it was said above.
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In X-Media, Habrahabru was told that attempts had actually taken place to undertake negotiations by the plaintiff: “The Content and Law company asked to remove all the works from their catalog in the winter, which was done during the day,” says Ivan Sergeyev , project manager mp3sugar.com. - After that, they offered to conclude an agreement to place these works again - in case of refusal they threatened to sue. The proposed conditions turned out to be impossible to be executed for technical reasons, as was reported, but in “Content and the right” no concessions were made. After we removed all the content at 24 o'clock and held talks (about 2 weeks), they sued, which in itself is pure blackmail. We did not receive the summons to court, therefore we could not defend our interests there ”.
According to Ivan Sergeev, the mp3sugar.com management is preparing to file an appeal as soon as possible, since, according to the law, “we were not obliged to ask the author’s permission to use his work when transmitting over cable networks”. “For this, there is ROMS, which for the specified time received from us full author's fees for all the works that were used by us - we have all the documents for that,” explains the representative mp3sugar.com. “We are one hundred percent sure that the court’s decision will be challenged, since amendments to the copyright law will come into force only on September 1, 2006.”