The purpose and aim of memorandum, proposed and lobbied by right holders, is restriction of access to illegal content in internet within the Russian territory without court order in order to reduce time scale and expenditures. But Yandex turned all things upside down and according to right holders the entire initiative and work on this memorandum senseless.
The right holders urged Yandex, especially GazProm Media holding company, to sign this memorandum, otherwise GazProm promised Yandex the “wave of copyright infringement lawsuits” if Yandex refuse to sign it. Yandex did not refuse, but agreed to sign memorandum under the main condition – search engine would restrict access to illegal content and/or de-index pirate web-sites only under court order.
At the meeting with right holders, hosted by Roskomnadzor, the Yandex defined its conditions for participation in memorandum. Yandex is ready to sign it, but position of internet companies is to be also respected. “Respect” means the scan copy of Moscow court decision on preliminary measures in relation to certain web-site or web-resource along with right holder’s demand to restrict access to web-site/page in question.
But media companies are not agree with Yandex’s position. They believe search engine should de-list or de-index links to illegal content without court order or preliminary measures. Roskomandzor sided with right holders. Roskomnadzor’ position is very simple: memorandum means self-regulation (without court order), and imperative regulation (with court order) means law adoption, but in this case it will be not memorandum. Yandex’s option excludes self-regulation, according to Roskomandzor’s chief.
What Yandex has proposed else? According to Yandex’s position, if right holder signs memorandum it lose its right to sue internet Company. If right holder, who have signed memorandum, sue Yandex then the memorandum is void for such right holder. The right holders certainly are not agree with such conditions.