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Category: Online platforms

There is no copyright infringement in similarity caused by nature

GAME Duck

In 1988, Eric Schechter started GAME. At the time, GAME was focused on conducting fundraising activities. The fundraising concept was for individuals to “adopt” a small toy duck and then all the ducks would “race” on a waterway, such as the Salt River Canal or in New York Harbor. The person who had adopted the duck that finished first would win “a new car or prizes,” which had been donated. The sponsoring organization would then retain all the “adoption” fees.

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Impact assessment on the modernisation of EU copyright rules – rights in publications

Publishers are increasingly facing difficulties in relation to the digital exploitation of, and the enforcement of rights in, press publications such as newspapers and magazines. The changes to the way copyright-protected content is distributed and consumed in the digital environment have affected press publications in a specific way. The publishing industry is in the middle of a shift from print to digital.

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Russian deputies proposed to create monopoly for distribution of TV content in internet

Publicly available channels are to be distributed through so called “one window” in internet according to the new recently proposed draft law. Other web-sites, which don’t participate in “one window scheme”, are to be blocked. There is already the candidate to be such “one window” operator. The draft law aims to create the single system of legal distribution for 20 publicly available channels. This system should be launched from 2020.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of second option for the use of protected content by online services

An obligation on online services which store and give access to large amounts of protected content uploaded by their users to put in place appropriate and proportionate technologies and to increase transparency vis-a-vis rights holders

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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Russian authorities intend to create the Russian analogue of Wikipedia

The Russian federal state budget should be the main sponsor who help to realize the intention. The Russian ministry of communication and digital development has already drafted the rules of such “sponsorship” in the form of law. The beneficiary of this sponsorship would be the Russian publishing house “The Big Soviet Encyclopedia”. This publishing house would receive money from state budget to found and maintain the “national interactive encyclopedic portal”.

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Russian state duma proposed to delete inactive accounts in social networks

One deputy from Russian State Duma has proposed to delete account in social network if it was inactive during one year. The deputy believes if the account owner has died his account and page in social network is to be deleted. So, how to define whether holder of account is still alive – he should post something during the year. If the account – as well as its holder – is silent that means its holder is dead. Simple logic, but implementation of this idea is impossible.

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SWD Impact assessment on the modernisation of EU copyright rules – impacts of first option for the use of protected content by online services

Stakeholder dialogues between rightholders and services which store and give access to large amounts of content uploaded by their users

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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Ministry of culture wants to count each film view in online cinemas

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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SWD Impact assessment on the modernisation of EU copyright rules – impacts of baseline option for the use of protected content by online services

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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Russian Facebook VKontakte intends to settle copyright infringement lawsuit

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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