{"id":2455,"date":"2018-10-12T15:37:48","date_gmt":"2018-10-12T15:37:48","guid":{"rendered":"http:\/\/www.dekuzu.com\/en\/?p=2455"},"modified":"2018-10-12T15:37:48","modified_gmt":"2018-10-12T15:37:48","slug":"the-owner-of-pirated-librusec-is-not-guilty-pirate-the-prosecutors-office-says","status":"publish","type":"post","link":"https:\/\/www.dekuzu.com\/en\/2018\/10\/the-owner-of-pirated-librusec-is-not-guilty-pirate-the-prosecutors-office-says.html","title":{"rendered":"The owner of \u201cpirated\u201d librusec is not guilty \u201cpirate\u201d, the prosecutor\u2019s office says"},"content":{"rendered":"

The prosecutor\u2019s office has waived to proceed the criminal case in relation to owner of online library \u201cLibrusec\u201d<\/a>. \u201cLibrusec\u201d is known as online library of literary works. On this resource different literary works have been published and available for downloading for certain payment. Uploading of works on this web-site was not authorized by right holders, at least in relation to works of major publishing houses.<\/span><\/p>\n

<\/span><\/p>\n

In 2016 the legal online store of literary works \u201cLitRes\u201d has lodged a claim on copyright infringement by online resource \u201cLibrusec\u201d to police. According to claim, the resource published illegal content and provided paid access to this content during years. De-facto the resource sold many copies of electronic books to users of online library and the right holders have not received anything\u00a0 – nor royalties neither compensations \u2013 and certainly have been not asked to provide any licence or permission. Legal online store \u201cLitRes\u201d defined the damages, caused by illegal business model of illegal library, at least in 3,7 mln Roubles.<\/span><\/p>\n

Investigation has determined that Belousov \u2013 the natural person indicted \u2013 was directly involved in massive copyright infringement by \u201cLibrusec\u201d. Belousov was founder of \u201cImobilco\u201d company. This company processed all payments for subscriptions on \u201cLibrusec\u201d, in other words his company was beneficiary of \u201cLibrusec\u201d business activity. Taking into account the role of Belousov and his company, the investigators indicted Belousov in massive distribution of illegal content through the web-site \u201cLibrusec\u201d.<\/span><\/p>\n

But prosecutor\u2019s office has different view on this case and different opinion. The prosecutor believes Belousov cannot be indicted because he did not know that the content on \u201cLibrusec\u201d has been published illegally. The right holder\u2019s claims made him aware of illegal nature of Librusec\u2019s business activity. Therefore the criminal intention \u201carose\u201d after the beneficiary of the service continued to sell illegal copies of the works bear in mind the right holders\u2019 claims notifying of copyright infringement.<\/span><\/p>\n

The prosecutor\u2019s office has taken into account the scale of illegal copies sold through the \u201cLibrusec\u201d and assessed the amount of damaged suffered by legal online store. Why the prosecutor\u2019s office did not take into account the damages suffered by the right holders remains unclear. The right holders are injured party, but in this case the injured party was legal online library, who is not owner of the copyright in infringed literary works. According to prosecutor\u2019s office the total amount of damages does not exceed 100 thousands Roubles, therefore there is no corpus delicti, in other words there is no crime.<\/span><\/p>\n

The beneficiary of the \u201cLibrusec\u201d activity claimed<\/a> his service was totally legal, he has concluded agreements with all right holders, whose works were represented on \u201cLibrusec\u201d. But he was not able to provide the investigators with such agreements or even their copies. As there is no corpus delicti, the prosecutor\u2019s office refused to proceed the indictment to the court for consideration. The injured party \u2013 legal online store \u2013 believes such decision of prosecutor\u2019s office can create dangerous precedent.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

The prosecutor\u2019s office has waived to proceed the criminal case in relation to owner of online library \u201cLibrusec\u201d. \u201cLibrusec\u201d is known as online library of literary works. On this resource different literary works have been published and available for downloading<\/p>\n

Continue readingThe owner of \u201cpirated\u201d librusec is not guilty \u201cpirate\u201d, the prosecutor\u2019s office says<\/span><\/a><\/div>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[33,5,25,7,6,4,39,18,36,23],"tags":[],"class_list":["post-2455","post","type-post","status-publish","format-standard","hentry","category-communication-to-the-public","category-copyright","category-distribution","category-enforcement","category-intellectual-property","category-internet","category-interpretation","category-law","category-online-platforms","category-safe-harbor","entry"],"_links":{"self":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/posts\/2455","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/comments?post=2455"}],"version-history":[{"count":0,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/posts\/2455\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/media?parent=2455"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/categories?post=2455"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.dekuzu.com\/en\/wp-json\/wp\/v2\/tags?post=2455"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}