Against the backdrop of the role of user uploaded content services in the communication to the public of protected content, the establishment of an obligation to deploy technical means will have a positive impact on right holders.
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Not only Russian copyright, broadcast and digital law
Against the backdrop of the role of user uploaded content services in the communication to the public of protected content, the establishment of an obligation to deploy technical means will have a positive impact on right holders.
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First of all the CEO divides his strategy in two parts. First part is the “follow the money” approach. The second main part is negotiating with search engines. It seems the last more complicated than deprive pirates of financial resources. The CEO said it is necessary to block the casino advertising. But according to last researches the casino advertising is not favorite among advertisers anymore.
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Due to its voluntary nature, it seems unlikely that stakeholder dialogues will result in sufficient improvements in the take up, efficiency and transparency of technologies in comparison to the possible evolution of the market.
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Russian Ministry of Culture (MinCult) has proposed to track each film view in online cinema in special system (single federal informational automatic system of data on films demonstrations in cinema spaces). According to MinCult’s idea online cinemas have to connect to this system and provide it with data required and at their own account. Certainly online cinemas don’t like this idea.
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The European Commission has informed Valve, owner of the “Steam” video game distribution platform, and five videogame publishers, of its preliminary view that the companies prevented consumers from purchasing videogames cross-border from other Member States, in breach of EU competition rules.
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Impact on creative industries’ and right holders’ capacity to control better the availability of their content on user uploaded content services and thereby negotiate with the services the conditions of such use: as the implementation by the services of technologies, such as content identification technologies, will remain voluntary and based on the terms set by the services, it is likely that the baseline scenario will not lead to improvements for rightholders who are likely to continue having difficulties to enter into negotiations and/or negotiate fair terms for the use of their content.
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Many Russian right holders have tried to “punish” Russian popular social network VKontakte – Russian Facebook – for copyright infringement. Users of this social network like Vkontakte because you can get satisfaction for your taste in music, video or even books. But in most cases right holders failed because Vkontakte’s position is always the same – “we are only informational intermediary”, therefore “we are not liable if the user posts or links to any illegal content”, “we can only takedown such content in our network”.
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Major Russian right holders, holding rights in audio-visual works, and Yandex have signed anti-piracy memorandum, the agreement aiming to delete links or pirate web-sites from search results. In order to execute this memo Yandex have developed its own bot – special software searching for illegal sources of right holders’ content. The bot is not only means of memo execution, but the main, and right holders, who signed this memo, are dissatisfied on its work.
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They proposed it to improve distribution of their content in internet; actually they want make money on this distribution and don’t want lose financial opportunities. The operators, who currently don’t pay for distribution of such content, don’t like such proposal – it could cost them significantly.
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Russian federal antitrust service has drafted and published for public discussion the procedure providing compulsory licensing in medical industry. Actually the heading of procedure shows that the potential appliance of this procedure can go much beyond of medicine. “On procedure to make decision in the interests of defense and security, including gin order to protect citizens’ live and health, to exploit invention, utility model or industrial design without right holder’s consent and with payment to right holder respective remuneration”.
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