Dekuzu Posts

Why Yandex claimed? Producers of smartphones and pads with OS Android, who installed Yandex’s apps and default search service, refused to work with Yandex. Yandex believed Google create conditions to make producers refuse from cooperation with Yandex. Google believed it has not breached law protecting competition. Yandex stated that Google is owner of OS Android necessary for functioning of mobile devices. According to Yandex, Android’s market share in Russia is more than 50% since 2012. Google is also owner of Google Play which allows searching, acquiring, downloading and updating apps on mobile devices with Android OS. Producers of mobile devices have strong interest to install OS Android for marketing purposes. As a result without Google Play you can’t download most of apps. Google also requires installing Google Search by default. Google has developed its system including Google Play and other tools for mobile devices, but Yandex did not do the same in Google’s scale. Yandex suffered damages thanks to Google’s practice.

Russian Roskomnadzor along with working group of right holders developed new amendments to law “About information, its protection and informational technologies” and Russian administrative code. Amendments introduce new mechanism for fight with piracy with aim to help right holders. They…

Russia remains on the Priority Watch List in 2015 as a result of continued and significant challenges to IPR protection and enforcement, notably in the areas of copyright infringement and trademark counterfeiting. In particular, the United States remains concerned over stakeholder reports that IPR enforcement continues to decline overall in 2014, following similar declines in the prior two years, including a reduction in resources for enforcement personnel.

Lawmakers promised to improve draft law. Internet companies forewarn mass media can lose their traffic in a case if proposed amendments become law. For example, Russian internet company Yandex is not able to comply with requirements containing in current version of amendments. If its service “Yandex.News” automatically collects about 100 thousands news from 7 thousands resources, company wouldn’t have enough resources to pre-moderate all news collected.

Main key points (auf Deutsch)

Differences in consumer contract law rules have been identified by stakeholders consulted to prepare the Directives, including businesses and consumer associations, as a significant barrier to cross-border trade. For digital content, there is a clear gap in the EU legislation, while most Member States do not have any specific national legislation. In some Member States, the supply of digital content may be governed by the rules of sales, in others by the rules on services or rentals. As a result, remedies for defective digital content differ. This creates legal uncertainty both for businesses and consumers. Only a few Member States have recently enacted or started to work on specific legislation on contracts for the supply of digital content. This risks causing more legal fragmentation if no action is taken at EU level. For goods, and in particular regarding consumer rights in case a good is defective, there are only minimum EU requirements in place. As a result, in practice there are still different national laws. This situation creates legal uncertainty, imposes additional costs for businesses and affects consumers’ confidence in cross-border shopping.

Very soon authority will publish its legislative proposal. Authority proposes to amend the current copyright law in such a way that invention can be used under compulsory licence in accordance with court decision. It is some kind of punishment for abuse of domination in marketplace. If right holders refuse often to produce or supply socially necessary products like drugs, medical goods etc., the state don’t have opportunity to do something about.

Russian Ministry of Communication (MinCom) provided Russian State Duma with its negative assessment of draft law on news aggregators. According to this assessment, restriction of news aggregators will decrease auditory of online mass media at least on one fourth. Requirements containing in draft law are impracticable and will cause expenditures from state budget. Draft law in its current version “can cause significant restriction of Russian news aggregators’ activity and in some cases even their shut-down”, believes Alexey Volin, deputy of Russian minister of communication.

Under new rules, adopted by Russian Government, Russian Ministry of Culture (MinCult) has authority to issue, refuse to issue and cancel permission for distribution of movies. Such permission covers 1) distribution of movies in cinema, 2) distribution of movies on physical media and 3) both options and can be received by producer, distributor, demonstrator and licensee, having authority to exploit a movie by way mentioned above, only if such permission has been not issued to person already having exclusive right to exploit a movie. In order to receive such permission person must apply to MinCult.

Stepan Entzov, owner of online library “litmir”, has been sentenced for two years of probation by district court in Cheboksary for copyright infringement. In 2011 Stepan has established online library “litmir”. Till the end of 2015 he was the only owner of resource. The statistic of monthly visits was good. Resource was getting popular. But then one more owner has appeared. Who is he it was not stated or disclosed. New owner said his intentions are only fair. But as a fact Roskomnadzor has blocked the site litmir.net.

These cases were considered at closed court session. In case vKontakte v Universal Music Russia the court denied the claim in its entirety. Universal owes 3000 roubles to vKontakte. “The court admitted the vKontakte as fair informational intermediary” – told Evgeny Krasikov to rbc. Universal claimed copyright infringement and requested 15,6 million roubles. Court decision can be appealed in the court on intellectual rights within two months following the day decision was made.