Thursday, August 1, 2013

The court upheld the legality of the placement Maksim songs on a Rambler

Ninth Arbitration Court of Appeal upheld the decision with "Rambler Internet Holding" for illegal songs of the singer Maksim music service on "Rambler" recover. The Moscow Arbitration Court in March, partially granted to the company "SBA Music Publishing" (is a company Gala Records), which owns the rights to the song Maksim. Tribunal confirms that the product is used Maksim "Rambler" is illegal, and the owner of the rights has suffered losses due to the resulting reduction in demand for licensed products. On Tuesday, the court dismissed the appeal of the "Rambler" by the decision. Gala Records asked to collect 450,000 rubles in compensation for illegal nine songs of the singer, but the judge Nikolai Tarasov reduced this amount to 90,000, with the argument that any significant harm to the plaintiff does not. The defendant, the action is not recognized. "Rambler" believes that it may be liable, since it does not cause the transmission of information, do not select the recipient and does not affect its integrity. However, the court took into consideration that the "Rambler Internet Holding", the domain administrator is rambler.ru. The rules of use of the services "Rambler" is forbidden to give false information about yourself to publish audio files on any issue that affects the rights of third parties. In this song, according to the "Rambler" by the user under the name of Small popsy was written by other data it contains only the date of birth and email address. It is not enough to ask for the protection of the rights directly to the person who wrote the song, the court ruled. Besides "Rambler" is not answered within a reasonable time not to file a complaint about the Gala Records illegal content published the violation of the plaintiff ceased as a result of which any person may have access to the works in question. For these reasons, the court found the applicant's legitimate claim for compensation for the violation of rules. RIA Novosti

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