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Ten Questions About Internet Governance

On April 23 in Sao Paulo, Brazil, the “Global Multistakeholder Meeting on the Future of Internet Governance,” also known as “NETmundial” in an allusion to the global football event that will occur later in that country, will be convened. Juan Alfonso Fernández González of the Cuban Communications Ministry and a veteran of the UN internet governance meetings, raises 10 questions that need to be answered at NETmundial.


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    Russia’s Largest Social Network vKontakte Held Liable For Copyright Infringement

    Published on 30 May 2012 @ 3:01 pm

    Intellectual Property Watch

    By Daria Kim for Intellectual Property Watch

    The 13th Commercial Court of Appeal recently affirmed the decision of the Commercial Court of St. Petersburg in Russia’s leading P2P case ruling that the social network vKontakte, a Facebook lookalike, is liable for copyright infringement.

    The court ordered the small compensation of 210,000 rubles (about US$6,700). The dispute was brought by the affiliates of the label group Gala Records over the unlicensed distribution of the songs enabled by vKontakte’s built-in applications.

    vKontakte based its defence on user liability, absence of profits and undertaking preventive measures against the unauthorised use of copyrighted works; however, the court did not consider them sufficient to exempt the provider from liability.

    The case is one of the disputes that have recently been litigated between right holders and file-sharing websites such as the Russian State Television and Radio Broadcasting Company (VGTRK) v. vKontakte; Gala Records v. Mail.ru; The First Music Publishing Company v. Rambler Internet Holding; and Monolit Records v. Odnoklassniki.ru.

    By 1 September, Russia expects to enact the amended Civil Code that, among other novelties, contains provisions aiming to regulate the use of works in internet.

    Parties to the case were: Gala Records – Russia’s first private sound-recording company and the exclusive distributor of EMI Music, and vKontakte – Russia’s biggest online social network with over 120 million registered users worldwide.

     

    Comments

    1. Europe and Eurasia | demoimdmiami.us says:

      [...] Russia’s Largest Social Network vKontakte [...]

    2. Special Report: Russia Amends IP Law In Advance Of WTO Accession | Intellectual Property Watch says:

      [...] In another case – VKontakte v. Gala Records – the court ruled for the first time that the ISP was liable for copyright infringement (IPW, Enforcement, 30 May 2012). [...]

    3. Russian Social Network vKontakte Held Liable For Copyright Infringement A Second Time | Intellectual Property Watch says:

      [...] Related Intellectual Property Watch story here. [...]

    4. vKontakte: the Slow Killer of the Russian Music Market | edvalberg says:

      [...] Social Network vKontakte Held Liable For Copyright Infringement. [online] Available from: < http://www.ip-watch.org/2012/05/30/russias-largest-social-network-vkontakte-held-liable-for-copyrigh… > [Accessed 4 May [...]

    5. Techdirt: Liability For Users May Be Worldwide Russian Roulette For Online Services | Ben Zevenbergen dot EU says:

      [...] provisions in the US DMCA or the EU E-Commerce Directive. Russian services seem to so far have relied on a framework of laws, such as an exception in the fairly new Russian Federation Civil Code (Part [...]


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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