Inspired by this topic. Having had a little fun there with the freedom fighters, the defenders of the free Internet, the cursers of Russia (Rashki in their name) and all its legislative and executive authorities, I am giving you a huge (for some) copy-paste. Interesting different opinions.
Attention! Copy-paste!
The Duma adopted an anti-piracy law in the third reading, which, if everything goes according to plan, will come into force on August 1. Ordinary inhabitants of the Runet managed to raise a panic and are already collecting signatures against the “tightening of the screws”. But it turned out that those who will be primarily affected by the law are much more optimistic about the future. What will happen to pirated sites and should you be afraid of going to prison for downloading a movie? – says Sergey Aleksin, owner of a large thematic tracker
If you believe the most panicky sentiments on the Internet, then a dark future awaits us, because the “bloody KGB” is tightening the noose around the neck of the honest people. All Internet people should be afraid, because the unfortunate user will certainly be taken away for just one link to the page where you can download the unfortunate movie. And ordinary visitors to trackers even more so have to dry crackers while waiting for 20 years for the planer. There are stories about how the KGB, at night, drives up in its black GAZ-23 to honest citizens to pick them up for music on VKontakte. No one has seen these people again, and in the deep northern forests a new worker begins to bend his back. True, true!
There were similar sentiments during the adoption of the law on a unified register of prohibited sites. They are strangling freedom, the opposition is over! So what? Several absurd stories about blocking of individual pages discussing drugs. And those ended well – the sites became accessible again. What was there so much shouting about then?? About nothing. Forgotten, as usual. All that remains is the feeling that “everything is bad in Russia”. And how many more such sensations have accumulated over the years?? This is how we live – everything seems to be bad – but it’s hard to say what exactly.
It seems that if you say any word on behalf of the authorities, a wave of criticism will immediately arise, indiscriminately. And most importantly – without the desire to understand. People seem to have a negative attitude towards all events in Russia in general.
But these are lyrics. Let’s talk about the new bill, “On Amendments to Legislative Acts of the Russian Federation on the Protection of Intellectual Rights in Information and Telecommunications Networks”. This is project No. 292521-6, adopted in the last, third reading. To begin with, I would like to destroy a few of the most stupid myths.
“Gebnya” is strangling the people again
All countries that become members of the WTO have similar laws. And if a country wants to join the WTO – and our country did – then it must pass such a law. This is not the idea of Russian legislators, but world practice. For example, Kazakhstan, before joining the WTO, also acquired an anti-piracy law, which has been in force since February 2012. At first, there was also noise about closing the trackers, people were scared in the media, they were promised punishment, even imprisonment. Then they released everything on the brakes, and the sites function again as before. The main thing is that the Kazakh authorities reported before joining the WTO that they are fighting pirates.
Anyone will be swept away bettingsitesnogamstop.co.uk/ for a torrent link
No, no one needs you, deal with it. The responsible person can only be an information intermediary – a person directly transmitting a film (material) on the Internet. Or the person who provided the platform for posting this material.
This means that anyone will be swept away for downloading and sharing a movie on a torrent tracker
Congratulations, you have become an information broker. But you’re still out of luck. A person does not bear any responsibility if he is not the initiator of the distribution of the film.
This means that if I am a releaser posting films on a torrent tracker, then I will be noticed
If you are a releaser, then yes, you may be held liable. In general, in this whole story there are only two culprits: the person who initiated the transfer of a film protected by copyright, and the one who provides the platform where this film is posted – that is, the owner of the site.
The end of torrent trackers and releasers
No, it’s not that scary. But let me tell you some history first.
For many years, copyright holders (and the agencies to which they delegated the work) wrote to the owners of torrent trackers that a film or several films that were protected by copyright had been found on the site. Sometimes such letters passed through the hoster, sometimes they fell directly into the administration mailbox of the torrent tracker. As the owner of the tracker, they write to me infrequently and a little – about once a week, but my site is not very large. At the same time, torrent trackers who do not want to have problems with the law fulfill these requests. This is what I do, and so does Rutracker, which hosts many new blockbusters and games.
What does the new law provide?? Almost the same thing, but through the courts. The only difference is that the court will now have the opportunity to stop the operation of the site if the administration does not make contact. And if everything happens the same as before – distributions are closed at the request of the copyright holder, then no one will suffer legal consequences. The story will end peacefully here. If you were satisfied with the root tracker, for example, then you may not even notice the difference – what was the law, what was not.
Torrent trackers will be included in the register of prohibited sites
I quote the law almost verbatim:
If measures are not taken to remove information that violates intellectual property, information about this site is sent through the interaction system to telecom operators to take measures to limit access to this information resource or to the information posted on it.
The law does not say a word about the register. The telecom operator, at the request of the court, will have to block access to the resource. And if the resource is in some other country, then there will be no consequences.
But okay, if you insist, let’s talk about the registry. So, only information whose distribution in the Russian Federation is prohibited can be included in the unified register of prohibited sites. And in the resolution of October 26, 2012. N 1101 clearly describes all federal services that have the right to add information to the list of prohibited. These are FSKN, Rospotrebnadzor and Roskomnadzor. No one else.
And our supervision in the field of legal protection of intellectual property is monitored by the Federal Service for Intellectual Property (Rospatent), which has no connection with the unified register of prohibited sites. And neither its decisions nor the decisions of the Moscow City Court can include the site in the register of prohibited sites.
But let’s assume that it did happen. The site was added to the list of prohibited. Then a rather absurd circumstance awaits us. The fact is that according to the law (clause 12 of the decree), before a site is blocked, its owner is given 3 days to delete prohibited information. This happens in the same way, through determining the site hosting. That is, essentially the same thing will happen that is provided for by anti-piracy project No. 292521-6, which we are talking about here – the site owner will again be given time to delete the distribution. And only after inaction can the site be blocked through the registry.
But there is one more thing. Recognition of any film as information whose distribution in Russia is prohibited would mean that legal copies of this film should also be withdrawn from stores. Doesn’t stick, really? It’s just that the registry of prohibited sites is not intended for this. Therefore, I consider it extremely unlikely that the registry of banned sites will in any way participate in the fight against piracy.
It’s still bad
There are a couple more interesting stories for you. First, who would want to go to court to suspend the operation of a website if there are huge queues at the courts?? It will be much faster to access the site directly. It is unlikely that this law will be used at all. Most likely, it was written just for show, in a hurry, for the sake of the WTO.
Now the second story. There will always be trackers that are located in offshore zones, for which the laws of the Russian Federation are not written. That is, even if trackers close some of their distributions, it will always be possible to find an alternative.