Tuesday, March 12, 2013

"VKontakte" pay 210 thousand rubles per song Maksim

The Federal Arbitration Court of the North-West District confirmed the decisions of the courts with "VKontakte" recover in favor of Gala Records 210 000 rubles for placement in the social network works and singer Maksim group "Infinity" without permission. Abuse Ltd. "VKontakte" rejected. Existed as a representative of the company, at a meeting of owners out St. abolishing the social networking solutions Arbitration Court of St. Petersburg and Leningrad region on 3 February, May, and decisions of the Thirteenth Arbitration Court of Appeal on 25 and the case to the Court of First Instance. According to him, during the re-examination of the case it would be useful, in particular to investigate the circumstances provided the use of works and Maksim group "Infinity" and the system of benefits of the network "VKontakte". Representatives of the company Gala Records turn, said that the services of a website "VKontakte" has been studied extensively in the consultation. In its opinion, the measures were access to controversial songs that restricting the defendant is not sufficient, since a change in the social network search options allow you to phonogram producers, property which was the subject of legal proceedings on the ground. RECOVERY trial court reduced partially Gala Records Ltd. "VKontakte" granted. Originally CJSC "SBA production" and CJSC "Publishing SBAMyuzik" necessary. By 1.15 million rubles for violating its exclusive rights to the 17 songs to gather the users of popular shared resource Tribunal acknowledged that the administrator and owner of the site should be vkontakte.ru responsible for the violation of the exclusive rights of the applicant on recordings and musical works, but said that "he does not place the defendant and not initiate placement on the grounds of controversial content. " Volume recovery was determined by the court, based on the amount of $ 10,000 for each case of abuse of intellectual property. Appeals Tribunal, so that made the decision in force, in particular by the fact that the chances of social network offers website owners make its users vkontakte.ru attractive not only for consumers but also for advertisers. According to the Court, that "given the status of the defendant as a commercial organization, promotes the implementation of their commercial and other objectives, including profit-related." The resolution of the Appeals Arbitration also stated that this factor should also be in the absence of documented information about getting sued direct gains from the use of content, and in the absence of information about the defendant himself is not his efforts initiated, not yours and not paid considered be to provide the technical ability to provide content. Settlement was 2011 in the winter, as the Supreme Arbitration Court a claim RTR network "VKontakte" postponed considered. Provider 1 in the Presidium of the RF Supreme November 2011 formulated the legal position regarding the liability of the service, sharing services and social networks for pirated content by users: no Internet resources are not responsible if initiate can not the transmission of information, do not select the receiver does not affect take on his integrity and preventive measures to prevent the violation of the exclusive rights. In March 2011, the SAC did not review the decisions of the lower courts that have rejected the claim of RTR LLC "VKontakte". Broadcasting companies demanded of social networks in order to stop the illegal use of the movie "Piranha" and to collect 3 million rubles compensation. In addition, the SAC issued in January his position on the controversy of the "Top 7" against the "Ahava-soft". According to this position, the operator and the owner of release or social networks, is not liable for the information if they do not cause the transfer, the recipient must not not choose the information to take on the integrity of the transmitted information and preventive measures to reduce the use prevent objects of exclusive rights without permission. RIA Novosti

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