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Category: Safe Harbor

Yandex failed to overturn preliminary measures imposed in copyright infringement case

When the three television channels have filed a suit against Yandex, it was not going to give up. After the court has granted injunction against Yandex and issued an order to restrict access to Yandex as preliminary measure (Roskomnadzor did not execute this decision, because it knows, sometimes much better then court itself, whether there is copyright infringement or not) Yadnex opposed preliminary measure.

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Yandex is not going to give up in fight with right holders

Three Russian television channels have filed complaints against Yandex aiming to block illegal copies of four serials. All three complaints require Yandex to “cease creation of technical conditions causing providing of illegal copies of audiovisual works in question in search results”. The complaints also seek 10 thousands Roubles as compensation for infringement of exclusive rights. Yandex is not agreed with position of TV channels and intends to oppose requirement to block referrals to pirate copies in search results.

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Axel Voss’s amendments to Copyright DSM on 12 September

The increasing imbalance between powerful platforms and press publishers, which can also be news agencies, has already led to a remarkable regression of the media landscape on a regional level. In the transition from print to digital, publishers and news agencies of press publications are facing problems in licensing the online use of their publications and recouping their investments. In the absence of recognition of publishers of press publications as right holders, licensing and enforcement in the digital environment is often complex and inefficient.

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Yandex gets ready to the battle with right holders

Right holders in Russia claim Yandex does not do enough to fight piracy, it could be said otherwise – right holders accuse Yandex of facilitating internet piracy in Russia. Certainly Yandex denies all accusation and claim it works strictly in accordance with current Russian law, including copyright law. Right holders don’t believe Yandex. They believe Yandex makes money on piracy.

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Refusal to delete information from internet can entail a real prison term in Russia

The Russian legislator intends to make punishment for ignoring the law, obliging the person to delete certain information from the web-site or web-resource under the court order, harder. There are two proposed laws – one proposes amendments to Russian criminal law and the other proposes amendments to Russian administrative law.

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Rules for designation of agent for safe harbor protection

Under the Digital Millennium Copyright Act (‘‘DMCA’’), the U.S. Copyright Office is required to maintain a ‘‘current directory’’ of agents that have been designated by online service providers to receive notifications of claimed infringement. Since the DMCA’s enactment in 1998, online service providers have designated agents with the Copyright Office using the Office’s or their own paper form, and the Office has made scanned copies these filings available to the public by posting them on the Office’s Web site.

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Ventura v Motherless: safe harbor matters

Joshua Lange, the named defendant, owns, operates, and is the sole employee of his internet site, Motherless.com. The site contains over 12.6 million mostly pornographic pictures and video clips. The content generally has been uploaded by the site’s users, and the uploaders may or may not have created the material. Motherless stores the content on servers that Lange owns. In 2011, the website had nearly 750,000 active users and about 611,000 visits daily.

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Perfect 10 v Yandex

Plaintiff Perfect 10, Inc., a California corporation, creates copyrighted adult entertainment products, including photographs. Perfect 10 owns and operates the subscription-based internet website perfect10.com. Defendant Yandex N.V., a Dutch holding company headquartered in the Netherlands, owns a family of companies under the “Yandex” brand. It does not itself own or operate any internet search engines or websites that host user-generated content. It manages its investments, including its subsidiaries, defendants Yandex LLC and Yandex Inc.

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How you can lose your art thanks to Internet

Wolk, an independent artist of fantasy images and sports art, licenses her images through an exclusive licensing agent. Some of the images can consume as much as a year of Wolk’s professional time to create and produce in final form. The sole source of income for Wolk is the sale or licensing of her art, and Wolk runs an online store that exclusively sells her art. Photobucket is a photo-sharing ISP that operates a website located at www.photobucket.com.

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