In the world abuz
Today came an abuz (who does not know this complaint) to the content on the site (I remind you that I have a site with content like on torrents.ru). Generally nothing unusual. As always, the standard wording (hereinafter quotation).
These actions violate the exclusive rights provided for by paragraph 11 of Art. 1270 of the Civil Code of the Russian Federation, namely: “bringing the work to the public in such a way that any person can access the work from any place and at any time of his choice (bringing to the public)”.
and I, as always, reply with a standard reply, such as “I don’t have any works but only text and pictures, and the links lead to where it’s not known, I don’t go there because I’m afraid to go there (and I don’t have to like), so I can’t check What is there on these links - write there .. "
and then I pay attention that at the end of the issue there is such a text (further quote):
')
We draw your attention to Resolution 9 of the Arbitration Court of Appeal of 01.02.2010 No. 09-26277/2009-GK, according to which Rambler Internet Holding LLC was held responsible for violation of the exclusive rights of Here Star on LLC’s audiovisual work as a result of illegal posting on the website www.rambler.ru materials by an unknown user. Evidence of guilt was recognized by the inaction of the Rambler administration in relation to measures to identify the user's identity, as well as the failure to take measures against the placement of materials violating copyright and related rights of third parties. In particular, the court noted that Rambler had an opportunity to suspend the placement of such materials until the claims were settled. The court found that the failure of the provider to use its authority to curb illegal actions actually means its participation in the unlawful communication of the audiovisual work to the public.
ps the resolution is directed both to the “Hosting Provider” and not as a search engine - this is better ...
These actions violate the exclusive rights provided for by paragraph 11 of Art. 1270 of the Civil Code of the Russian Federation, namely: “bringing the work to the public in such a way that any person can access the work from any place and at any time of his choice (bringing to the public)”.
and I, as always, reply with a standard reply, such as “I don’t have any works but only text and pictures, and the links lead to where it’s not known, I don’t go there because I’m afraid to go there (and I don’t have to like), so I can’t check What is there on these links - write there .. "
and then I pay attention that at the end of the issue there is such a text (further quote):
')
We draw your attention to Resolution 9 of the Arbitration Court of Appeal of 01.02.2010 No. 09-26277/2009-GK, according to which Rambler Internet Holding LLC was held responsible for violation of the exclusive rights of Here Star on LLC’s audiovisual work as a result of illegal posting on the website www.rambler.ru materials by an unknown user. Evidence of guilt was recognized by the inaction of the Rambler administration in relation to measures to identify the user's identity, as well as the failure to take measures against the placement of materials violating copyright and related rights of third parties. In particular, the court noted that Rambler had an opportunity to suspend the placement of such materials until the claims were settled. The court found that the failure of the provider to use its authority to curb illegal actions actually means its participation in the unlawful communication of the audiovisual work to the public.
oh how! Does anyone know what the ruling is. Really began to press search engines for having links to supposedly illegal files. And if so, then soon Russian search engines will stop indexing such content and everyone will run away on Google ... Or am I mistaken?
ps the resolution is directed both to the “Hosting Provider” and not as a search engine - this is better ...
Source: https://habr.com/ru/post/89645/
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