In St. Petersburg, the arbitral tribunal decided that the company “VKontakte” will not pay the publisher “Eksmo” for pirated copies of the novels “50 shades of gray”, “Cloud Atlas” and other works. Now, with the social network are suing the world’s largest music company, demanding 50 million rubles. for the illegal distribution of music files. At the meeting of the “muzykalschiki” brought dozens of bags in which, apparently, were evidence of piracy “VKontakte».
On Monday, the arbitration court of St. Petersburg and Leningrad region listened to two cases of piracy, defendant in which the Company acted “VKontakte».
Representatives of social networks: a man in a suit, the two girls in short dresses, yellow and black – brought a huge folder and began to study them. With the press refused to talk, referring reporters to the press service. Plaintiffs was more about eight people: two publisher of “Eksmo” and six people “zvukozapisyvateley.” Recent studies in the court does not light: the wall they put up with dozens of travel bags and trunks. Why judicial corridor looked like a train station. Businessmen and lawyers roaming the corridors of the St. Petersburg arbitration, puzzled and wary glances at the baggage: “What is it?” “Evidence” – briefly answered them.
The first case was heard publishing “Exmo».
Publisher has gone to court demanding that the social network of 700 thousand. rubles. for piracy of prints. In early 2014, began to appear in the social network links where you can download three novels Author: Eric Leonard James (“50 shades of gray”), David Mitchell (“Cloud Atlas”) and Gaius Julius Orlovsky (under the pseudonym fiction writer Yuri Nikitin wrote two novels about King Richard Long-hand). “Eksmo” as the legal owner of these works sent leadership “VKontakte” claim letter, demanding to remove the links.
Total publishers averaged 4.5 thousand. References. They, of course, was removed, but not immediately, but after 29 days. According to representatives of “Eksmo”, during which time the book illegally downloaded by thousands of users.
As a result, the publishing house “suffered damages within 29 days».
«On the first day occurs most downloads from the “wall” or community member – said the trial lawyer publisher. – Accordingly, in the early hours of the right holder to apply the most damage ».
According to” Exmo “gay had to remove references to the book within 48 hours. But did not do so, although it had all the features. Moreover, “VKontakte” and now continues to violate the law, “creating the conditions for users of illegal use of intellectual property rights».
In response, the “VKontakte” said they did not immediately received a claim letter, because it somehow was sent to the email address of the Vice President Ilya Perekop. “This person, we have not worked,” – said the lawyer social networks.
As a result, publishers “have created difficulties in the processing of the complaint.” But the network has removed the pirated links quickly. In addition, in “VKontakte” there are doubts that the publisher is the owner of the works in electronic form, and not just by the licensee.
«With regard to James Mitchell and the plaintiff has no right to the use of works in electronic form, – said the representative of the court “VKontakte”. – In respect of works Nikitin prove vain contradictory. And the position of the Nikitin not announced, he or his representatives to the court are not ».
Judge Mikhail Kuznetsov did not delay the case and ruled. True, read only the operative part: “The lawsuit” Eksmo “- refuse».
the reasoning part will be known later. Representatives of the publisher were disappointed. However, while they do not know whether to appeal the decision.
«So far we have not seen the whole solution, heard only the operative part – said” the Newspaper “the representative of the publisher. – Therefore, the solution to the riddle us when we see it will be possible to discuss something ».
Representatives” VKontakte “(two lawyers and the head of the department of Maria Klimenko) declined to comment.
Immediately began the second session on anti-piracy lawsuit against “VKontakte”. The plaintiffs were three record corporations from around the world: Sony Music Russia, Universal Music Russia and Warner Music UK.
They appealed to the Tribunal on April 3, demanding to stop copyright infringement of musicians, among them Sergei Lazarev , Sak Noel, Natalia Gordienko, Julia Parshuta, group “War” and “Lumiere”. Entries were illegally posted by users in the social network “VKontakte”. Companies need to not only remove pirated files, but also to oblige the social network to use the technology of the fingerprint, which allows to keep track of illegal copies.
The plaintiffs brought to the court not only trunks, but also illustrative materials, explaining that “VKontakte” no accident has come to the point of pirate life. On a large tripod put some posters with quotes social network founder Paul Durov and press secretary George Lobushkina. In particular, one of the citations said that Durov not going to negotiate with those who want to sell their music in Russia. However, an impressive arsenal of evidentiary unclaimed.
A representative of Universal Musuc Russia asked to postpone the meeting.
The fact is that in August Arbitration court combined three suits into one case. This companies do not like it. They believe that the process will be too lengthy, it is necessary to explore a lot of evidence. August 18 Universal petitioned for her case apart. Other plaintiffs supported the request, saying that too prefer to sue on their own. But the judge dismissed the petition Mikhail Kuznetsov. Universal then appealed the decision of the judge in the 13th Arbitration Appeal Court. The complaint has not yet considered.
«Plenum of the Supreme Arbitration Court expressly stated that the arbitration courts in such cases should defer consideration of the case,” – said the representative of the Universal.
Lawyers “VKontakte” opposed proposing to begin the process.
«We have a lot of common topics, the same documents … – the lawyer said social networks. – I think that nothing prevents begin consideration of the more respected plaintiffs brought interesting materials … »
In the end, the judge adjourned the meeting until October 13.
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