Russian Shield Northwest infringes copyright

    Various associations and commissions for copyright protection are very fond of “teaching” users what they can publish on their websites and what they cannot publish. And they also love to tell their partners tales "Here we are white and fluffy, standing guard over the law." But, often, gentlemen themselves, the defenders are not shy about violating the copyrights of other authors and publishers.
    Now we will look at the site of one of such organizations, which proudly refers to itself as the Russian Shield North-West Association for the Protection of Intellectual Property.

    "Russian Shield North-West" positions itself as "an association .... that provides protection of copyright and related rights to computer programs and phonograms, exclusive property rights to which are held by members of the Association that produce various products in the field of computer technology."

    Let's start not with a violation, but with a small incident: if you take the logo of the Old Dominion University, remove the crown from the lion and discolor the logo, you get the logo of the Russian Shield North-West association . Perhaps this is just a design incident.

    Now, directly to the violations:
    1) the lack of a copyright mark and the authors on the association forum. The forum is built on the popular phpBB version 2 engine and uses the standard subSilver theme.
    Copyright sign restored.

    2) the image for the news “In the Primorsky district, the trade in counterfeit disks was stopped” and the image for the news “Muscovites will be jailed for Adobe pirated programs . At the same time, the news publication date in Vedomosti was July 30, 2009, and on the Russian Shield website on May 29, 2010. In this case, the copyright of E. Stetsenko (Vedomosti) is violated.
    The image was removed from the site at the request of Vedomosti

    3) the image for the news “Counterfeit DVDs in St. Petersburg will be smaller” with the publication date February 5, 2009 and the image for the article by Yulia Demina"CD and DVD have no future . " The real author is unknown.

    4) a photo of Valentina Matvienko as an illustration for the news of December 12, 2008 “We will not tolerate poorly managed trade in the city center” and the same photo on the Club of Regions website . Judging by the structure of the path, the photo was published on February 10, 2008. The real author is unknown.

    5) a very interesting photo for the news As part of Operation Counterfeit, police seized optical discs , which is actually a photograph from the Cnews portal (unfortunately, find the original photosucceeded only through the media bank of news aggregators, but on it CNews watermark is clearly visible), only with cut off copyright marks. The real author is unknown.

    6) a photo for the news of July 17, 2008 “For violation of the copyright of an entrepreneur, he was sentenced to three years of suspended imprisonment” and a photograph of Dmitry Lekay (Kommersant).

    7) a photo for the news of June 24, 2008, “Underground DVD production was discovered on Basseynaya Street” and a photo for the article “Dream Factory in the center of Tula” (Tula Sloboda newspaper) dated October 18, 2006. The real author is unknown.

    And this is only a small fraction of copyright infringements, the protection of which the Russian Shield North-West likes to trump.
    As we see in all cases, images appeared at the "rightful" owners earlier than the editors of the Russian Shield website put them as images for their materials (and sometimes just cutting out watermarks).
    All of the above, in my opinion, attracts a violation of Art. 1265 ("The right of authorship and the right of the author to a name"), Art. 1266 (“The right to the inviolability of a work and protection of a work from distortion”), Art. 1270 (“Exclusive Right to a Work”), Art. 1274 (“Free use of a work for informational, scientific, educational or cultural purposes”) of the Civil Code of the Russian Federation and Art. 146 h. 3 of the Criminal Code. I’ll make a reservation right away that I’m not a lawyer and there may be an excess of articles.

    Regarding the application of the GNU / GPL license in the part of the phpBB forum, the position of the Ministry of Economic Development is as follows
    It follows from the above that the use of free software, subject to the terms of the corresponding version of the GNU GPL, complies with the requirements of the legislation of the Russian Federation on copyright and is lawful.


    Update 1: Awake ’s request for copyright infringement received a response from the Russian Shield Association NGO:
    “I ask you to be more careful about what you write, especially when you accuse someone of a serious crime. The Association “Russian Shield” does not have a website on the Internet. This is an official position, repeatedly voiced by our leadership. The site you have specified is private, and according to the regulations of the zone.ru
    it is the responsibility of the individual to whom the site is registered:
    domain: RSNW.RU
    state: REGISTERED, DELEGATED, UNVERIFIED
    person: Sergei S Voskoboinik
    Sergey Voskoboinik is not an employee of the Association “Russian Shield”. BUT Association “Russian Shield” provides materials to this site in the same manner as materials received by other sites on the Internet.
    We do not moderate or create content on this site. Based on the foregoing, your claims are unfounded. ”
    For my part, I’ll add that the article is about Russian Shield North-West LLC, which, judging by the information on the website, has the right to act on behalf of the copyright holders and to provide explanations on behalf of the copyright holders of the Russian Shield Association in St. Petersburg and Leningradskaya area. An attempt to shift the responsibility to a private individual indicating the rules of the .ru zone in my opinion seems like a typical attempt to evade responsibility. I recall that in accordance with Art. 49 of the Constitution of the Russian Federation “Every person accused of committing a crime shall be presumed innocent until proved guilty in the manner prescribed by federal law and established by a court verdict that has entered into force.”

    Update 2: the title of the organization has been adjusted to avoid misunderstanding.

    Update 3:at the request of Vedomosti, the image from paragraph 2) has been removed from the site.

    Update 4: the copyright sign on the forum has been restored.

    Update 5 (07/27/2010 17:20): the News section was completely removed from the site, which contained the images described in the article.

    The publication used the image of Sergey Dulin (the company "Fantasy World" ). Special thanks to the legal service of the Fantasy World company for permission to use the image and efficiency in work.

    Any copying, reproduction and reproduction of this article is permitted (except for the image for the article) including blogs, print and electronic media, personal and commercial sites.

    Also popular now: