Precedent
This week, the appeals court of St. Petersburg decided to recover 1 million rubles from VKontakte in favor of the All-Russian State Television and Radio Broadcasting Company. By itself, the fact for the habrovchan is no longer news , the reaction of participants ranges from alert to enthusiastic . We believe that there is no reason for joy in the decision of the second instance - and for no one on Runet. Now a precedent is being created that could have a very negative impact on the life and development of the network.
The main reason for concern is not at all in the existence of claims from the right holders (working with rights holders is a part of the company's daily life and is conducted in a regular mode). The problem is that the All-Russian State Television and Radio Broadcasting Company filed its claims without first contacting the service administration. The former manager of the All-Russian State Television and Radio Broadcasting Company assures us that we have been flooded with letters, although Vkontakte has not yet missed a single official request, which is also indicated by the fact that this is the only lawsuit in the company's history. And the head of the All-Russian State Television and Radio Broadcasting Company itself confirmed the lack of notification to Vedomosti : “The All-Russian State Television and Radio Broadcasting Company has repeatedly offered to discuss the use of its content - though not these two films, Medniki notes.” Here, “discussing” means not raising the issue of protecting one’s rights, but making money from joint projects.
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Following this logic, as correctly noted in a recent post on Habré, right holders will be able to put pressure on any Runet resource. Upload your content, record it and go to court for a million. After that, begin to negotiate something. VGTRK recently offered to spend the awarded million on Vkontakte advertising in exchange for cooperation. It is cooperation on favorable terms that the company has been trying to achieve from VKontakte since 2008, using all available tools - starting with campaigns in the “unbiased” program Vesti.net and ending with lawsuits without trying to resolve the issue extrajudicially. Unfortunately, in cases of copyright protection, it is very rarely really about protecting rights - there are completely different, more effective (and working) tools for protecting rights.
By the way, cooperation with copyright holders may not necessarily be based on the removal of content alone. For example, today VKontakte has launched an application from ivi.ru. Users will be able to watch licensed video content for free, including the series of the same Alexander Akopov. Using standard tools, the owners of ivi can access the moderation of the video on VKontakte and in one day become the unique provider of their content on our site.
All-Russian State Television and Radio Broadcasting Company and its controlled media in their arguments are based on the myth that VKontakte video service is the main reason for the popularity of the resource. Statistics do not confirm this. Every day VKontakte is loaded and sent:
In general, video pages account for about 3% of user activity.
The main reason for concern is not at all in the existence of claims from the right holders (working with rights holders is a part of the company's daily life and is conducted in a regular mode). The problem is that the All-Russian State Television and Radio Broadcasting Company filed its claims without first contacting the service administration. The former manager of the All-Russian State Television and Radio Broadcasting Company assures us that we have been flooded with letters, although Vkontakte has not yet missed a single official request, which is also indicated by the fact that this is the only lawsuit in the company's history. And the head of the All-Russian State Television and Radio Broadcasting Company itself confirmed the lack of notification to Vedomosti : “The All-Russian State Television and Radio Broadcasting Company has repeatedly offered to discuss the use of its content - though not these two films, Medniki notes.” Here, “discussing” means not raising the issue of protecting one’s rights, but making money from joint projects.
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It's not a million
Following this logic, as correctly noted in a recent post on Habré, right holders will be able to put pressure on any Runet resource. Upload your content, record it and go to court for a million. After that, begin to negotiate something. VGTRK recently offered to spend the awarded million on Vkontakte advertising in exchange for cooperation. It is cooperation on favorable terms that the company has been trying to achieve from VKontakte since 2008, using all available tools - starting with campaigns in the “unbiased” program Vesti.net and ending with lawsuits without trying to resolve the issue extrajudicially. Unfortunately, in cases of copyright protection, it is very rarely really about protecting rights - there are completely different, more effective (and working) tools for protecting rights.
“We have repeatedly said that we are actively cooperating with copyright holders, we promptly delete content at their requests. Many of them have access to moderation. For example, such rights are given by Internet Copyright Management, to the distribution companies Volga , Bazelevs (representing the interests of Bekmambetov). VGTRK, bypassing the world practice, sued VKontakte without notice. Of course, we could not know about the presence of this content, but removed it immediately after filing a lawsuit. In addition to working with copyright holders, we have developed a system that prohibits downloading files that were once deleted as violating the rules of the site. And we continue to take measures to simplify work with copyright holders.
This court decision is incompatible with the development of the Russian Internet. Naturally, we will appeal against it until it conforms to international practice. Our strategy is based on the President’s statements about the development of the Runet and compliance with global standards, ”says Pavel Durov.
By the way, cooperation with copyright holders may not necessarily be based on the removal of content alone. For example, today VKontakte has launched an application from ivi.ru. Users will be able to watch licensed video content for free, including the series of the same Alexander Akopov. Using standard tools, the owners of ivi can access the moderation of the video on VKontakte and in one day become the unique provider of their content on our site.Statistics
All-Russian State Television and Radio Broadcasting Company and its controlled media in their arguments are based on the myth that VKontakte video service is the main reason for the popularity of the resource. Statistics do not confirm this. Every day VKontakte is loaded and sent:
- 100,000,000 private messages;
- 25,000,000 wall posts;
- 12,000,000 new photos;
- 100,000 videos;
- 100,000 audio recordings.
In general, video pages account for about 3% of user activity.
Source: https://habr.com/ru/post/99724/
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