New idea how to resolve a problem with mirrors of pirate websites in Russia

People like good music, movies and other entertaining content, especially when the interest to such content is really high thanks to advertisement or high ratings. Producing of such content requires time and money and right holders expect to make good money on their assets. And when they see their content on pirate website, certainly they make everything, what they can, in order to block the access to their content disseminated illegally.

How they can do it. One of the different ways is a blocking of access to webpage with pirate content, sometimes it is a blocking of entire web-site, more precisely – blocking access to domain name. But in most cases blocking of access is not enough. Pirates register another domain, throw out old domain and “bind” new domain to old site, which was accessible with old domain. People can access content under new domain and everything goes as usual.

When the “brand new” pirate website appears again, right holders must do all paperwork for blocking access to it again. They spend time and money again. Such cycle can last forever. Right holder would like to enjoy the results of their work and investment after the release of their content and during their lifetime. Therefore they have idea how to fight mirror of pirate website quickly.

Russian ministry of communication (MinCom) and Roskomnadzor have developed amendments to Russian antipiracy law. According to these amendments right holders will have opportunity to ask Russian MinCom to make expert examination on a subject whether certain website is a mirror of blocked pirate website. After duly examination MinCom would make a conclusion whether claimed website is a mirror of blocked pirate website. Such “support” of right holders should help to fight pirate website quickly and at lesser costs.

But experts are afraid that new amendments would allow right holder to extort money from law-abiding businessman. Allegedly MinCom criticised a definition of mirror-website. It is to broad, legal resources can fall under this definition. In order to avoid blocking of legal resources it was decided to examine the site in question at MinCom.

How it should work? That is the most interesting thing. The right holder should notify MinCom of mirror pirate website. It can be done by post or online by email, for example. For the minister of communication, Alexey Volin, the most important thing is the application should be made by major right holders. In that case there will be no problems with verification of applicant.

Should it mean that in a case of independent right holder there should be a problem with verification of applicant? Or major right holders don’t have to prove that they have the rights in Russia (that parent company has properly provided the Russian company – its subsidiary – with rights in music for Russian territory) unlike the independent right holder?

When right holder receives conclusion of MinCom stating that site in question is a mirror of pirate website, he can obtain court order to block mirror-site.