How life will change after innovations in GK 4
A picket against the adoption of amendments to GK4 will take place on February 11 in Moscow. He agreed. Details will be later.
Our man ( Copylefter ) met and interviewed a legislator, known in the LiveJournal as bablaw . Under the cut is available and easy - what threatens the new amendments to us with you.
Recently, in the field of domestic copyright, 2 important legislative initiatives have emerged that can significantly restrict the freedom of the Russian-speaking segment of the network. We can say that this is an example of a new tactic, which was adopted by all sorts of copywriters and lobbyists of various kinds.
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Instead of a single monstrous law, various clarifications and amendments are introduced into the legislation, which achieve the same goal through a combination of interpretations and vague legal norms. In our case, this is a draft resolution of the Supreme Arbitration Court and the Supreme Court of the Russian Federation “On some issues arising in connection with the introduction of the fourth part of the Civil Code of the Russian Federation”, as well as amendments to the fourth part of the Civil Code.
The decision of the Supreme Court of Arbitration and the Supreme Court deciphers the notion of “innocent responsibility” as a fine from 10,000 to 5 million rubles, and the amendments virtually eliminate the so-called “Free reproduction of a work for personal use”.
These are not all restrictive changes, but today we’ll just see how the lives of ordinary users of the RuNet can change.
In the fourth part of the current Civil Code of the Russian Federation, the user was assigned the right to copy (in legal language, reproduction) for personal purposes of any media content - music, films, pictures. Amendments to the Civil Code and the decision of the Supreme Arbitration Court and the Supreme Court introduce important additions. From now on, you can only copy legal objects of copyright, and then subject to some "necessity".
This means that all the films you downloaded from file-sharing networks, all found in music blogs and downloaded through links to rapidshar music become illegal, because all this was heard without obtaining personal, formalized permissions from the copyright holders.
In addition, the sad fate awaits such popular sites as torrents.ru and funkysouls, not to mention file hosting services in regional networks. Previously, the existence of all these projects ensured the absence of any clear instructions in the clause on innocent responsibility. When the right holder found the distribution of his "intellectual property", he wrote a complaint, and the administration removed the controversial content. Now, each such claim will result in a fine from 10,000 to 5 million rubles. Sorry, goodbye to the prize winner of the “People's Ten” Runet 2008 Award, I’m even afraid to imagine how many billions of rubles your content is drawing.
All these innovations do not even take into account such fundamental things as the principle of the browser. In fact, innocent responsibility applies not only to hosters and providers, but also to ordinary users. That is, you are now responsible for the contents of the cache of your browser. Suppose some site posted a picture without entering into a special contract with the copyright holder thereof. Going to this site, your browser has downloaded the image in the cache - voila you are the offender prepare from 10 thousand to 5 million.
In addition, all kinds of news aggregators disappear, like the same news2.ru or image search services like Yandex pictures, because they simply cannot physically get permission for each picture shown on their website. Apparently, now in the search engines there should appear the inscriptions “carefully this site can damage your material well-being”. What is waiting for Habr?
Since providers become official scapegoats, it is difficult to even imagine what they will do in order to protect themselves from the claims of the right holders. At least, it is possible to assert with confidence that there will be a huge jump in the cost of services caused by the need to maintain a staff of small-town censors who will in every way complicate the lives of users, receiving wages from their own pockets.
Of course, the entire population of Russian-speaking cyberspace is not imprisoned. The inviolability of the home theoretically protects the user from checking the contents of his computer by the controlling authorities, but does not eliminate the status of the offender and the potential to become a ritual victim for the sake of joining the WTO or just a good way to close the plan at the end of the year.
What is especially sad would be to gloatly rub our hands, they say, pop eat itself, and we will have kosher content under free licenses. But unfortunately this is far from the case. The fourth part of the Civil Code virtually eliminates any possibility of functioning of free licenses - they simply have no legal force.
So forget about free icons, comics, pictures for your desktop, etc.
Follow the news, do not remain indifferent.
UPD: onthefly , writing 48 comments - 12% of all written at the moment, gave his point of view .
Anyone who wants to get to the truth, I advise you to independently search for various sources related to this topic and get acquainted with them in order not to be influenced by my or anyone else's opinion.
Our man ( Copylefter ) met and interviewed a legislator, known in the LiveJournal as bablaw . Under the cut is available and easy - what threatens the new amendments to us with you.
general information
Recently, in the field of domestic copyright, 2 important legislative initiatives have emerged that can significantly restrict the freedom of the Russian-speaking segment of the network. We can say that this is an example of a new tactic, which was adopted by all sorts of copywriters and lobbyists of various kinds.
')
Instead of a single monstrous law, various clarifications and amendments are introduced into the legislation, which achieve the same goal through a combination of interpretations and vague legal norms. In our case, this is a draft resolution of the Supreme Arbitration Court and the Supreme Court of the Russian Federation “On some issues arising in connection with the introduction of the fourth part of the Civil Code of the Russian Federation”, as well as amendments to the fourth part of the Civil Code.
The decision of the Supreme Court of Arbitration and the Supreme Court deciphers the notion of “innocent responsibility” as a fine from 10,000 to 5 million rubles, and the amendments virtually eliminate the so-called “Free reproduction of a work for personal use”.
These are not all restrictive changes, but today we’ll just see how the lives of ordinary users of the RuNet can change.
Movies, music and more
In the fourth part of the current Civil Code of the Russian Federation, the user was assigned the right to copy (in legal language, reproduction) for personal purposes of any media content - music, films, pictures. Amendments to the Civil Code and the decision of the Supreme Arbitration Court and the Supreme Court introduce important additions. From now on, you can only copy legal objects of copyright, and then subject to some "necessity".
This means that all the films you downloaded from file-sharing networks, all found in music blogs and downloaded through links to rapidshar music become illegal, because all this was heard without obtaining personal, formalized permissions from the copyright holders.
In addition, the sad fate awaits such popular sites as torrents.ru and funkysouls, not to mention file hosting services in regional networks. Previously, the existence of all these projects ensured the absence of any clear instructions in the clause on innocent responsibility. When the right holder found the distribution of his "intellectual property", he wrote a complaint, and the administration removed the controversial content. Now, each such claim will result in a fine from 10,000 to 5 million rubles. Sorry, goodbye to the prize winner of the “People's Ten” Runet 2008 Award, I’m even afraid to imagine how many billions of rubles your content is drawing.
Surfing
All these innovations do not even take into account such fundamental things as the principle of the browser. In fact, innocent responsibility applies not only to hosters and providers, but also to ordinary users. That is, you are now responsible for the contents of the cache of your browser. Suppose some site posted a picture without entering into a special contract with the copyright holder thereof. Going to this site, your browser has downloaded the image in the cache - voila you are the offender prepare from 10 thousand to 5 million.
In addition, all kinds of news aggregators disappear, like the same news2.ru or image search services like Yandex pictures, because they simply cannot physically get permission for each picture shown on their website. Apparently, now in the search engines there should appear the inscriptions “carefully this site can damage your material well-being”. What is waiting for Habr?
Network access
Since providers become official scapegoats, it is difficult to even imagine what they will do in order to protect themselves from the claims of the right holders. At least, it is possible to assert with confidence that there will be a huge jump in the cost of services caused by the need to maintain a staff of small-town censors who will in every way complicate the lives of users, receiving wages from their own pockets.
Of course, the entire population of Russian-speaking cyberspace is not imprisoned. The inviolability of the home theoretically protects the user from checking the contents of his computer by the controlling authorities, but does not eliminate the status of the offender and the potential to become a ritual victim for the sake of joining the WTO or just a good way to close the plan at the end of the year.
Free licenses
What is especially sad would be to gloatly rub our hands, they say, pop eat itself, and we will have kosher content under free licenses. But unfortunately this is far from the case. The fourth part of the Civil Code virtually eliminates any possibility of functioning of free licenses - they simply have no legal force.
So forget about free icons, comics, pictures for your desktop, etc.
Follow the news, do not remain indifferent.
UPD: onthefly , writing 48 comments - 12% of all written at the moment, gave his point of view .
Anyone who wants to get to the truth, I advise you to independently search for various sources related to this topic and get acquainted with them in order not to be influenced by my or anyone else's opinion.
Source: https://habr.com/ru/post/51360/
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