February 7, 2009 at 20:00How life will change after innovations in GK 4
A picket will be held in Moscow on February 11 against the adoption of amendments to GK4. It is agreed. Details will come later.
Our man ( Copylefter ) met and interviewed a legislator, known as LJ as bablaw . Under the cut, it’s accessible and simple - what threatens us with the new amendments.
Recently, in the field of domestic copyright, two important legislative initiatives have emerged that can significantly limit the freedom of the Russian-language segment of the network. We can say that this is an example of a new tactic, which was adopted by all kinds of copywriters and lobbyists of various kinds.
Instead of one monstrous law, various clarifications and amendments are introduced into the legislation, which achieve the same goal through a combination of interpretations and vague legal norms. In our case, this is a draft resolution of the Supreme Arbitration Court and the Supreme Court of the Russian Federation “On some issues that have arisen in connection with the implementation of the fourth part of the Civil Code of the Russian Federation”, as well as the amendments to the fourth part of the Civil Code.
The decision of the Supreme Arbitration Court and the Supreme Court deciphers the concept of “innocent liability” as a fine of 10,000 to 5 million rubles, and the amendments virtually eliminate the so-called “Free reproduction of the work for personal use”.
These are far from all restrictive changes, but today we’ll just see how the life of ordinary Runet users can change
As part of the fourth part of the current Civil Code of the Russian Federation, the user was assigned the right to copy (in legal language, reproduction) for personal purposes any media content - music, films, pictures. Amendments to the Civil Code and the decision of the Supreme Arbitration Court and the Armed Forces introduce important amendments. From now on, only legal copyright objects can be copied, and then subject to some “necessity”.
This means that all the films you downloaded from file-sharing networks, all music that you found on music blogs and downloaded through links to rapidshare become illegal, because all this was distributed without obtaining personal, officially issued permissions from the copyright holders.
In addition, the sad fate awaits such popular sites as torrents.ru and funkysouls, not to mention file sharing in regional networks. Previously, the existence of all these projects ensured the absence of any clear instructions in the paragraph on innocent liability. When the copyright holder found the distribution of his “intellectual property”, he wrote claims, and the administration deleted the contentious content. Now, each such claim will result in a fine of 10,000 to 5 million rubles. Forgive me, the winner of the “Top Ten” Runet Prize 2008, I’m even afraid to imagine how many billions of rubles your content pulls.
All these innovations do not even take into account such fundamental things as the principle of the browser. In fact, innocent liability extends not only to hosters and providers, but also to ordinary users. That is, you are now responsible for the contents of your browser cache. Let's say some site, posted a picture without concluding a special contract with the copyright holder thereof. Having visited this site, your browser has downloaded the image to the cache - voila you are an offender, prepare from 10 thousand to 5 million.
In addition, all kinds of news aggregators, like the same news2.ru or image search services like Yandex-pictures, disappear, because they simply can’t physically obtain permission for every picture displayed on their website. Apparently, now in the search engines should appear the inscription "carefully this site can cause damage to your material well-being." What awaits Habr?
As providers become official scapegoats, it’s hard to even imagine what they’ll do to protect themselves from copyright claims. At least, it can be reliably stated that there will be a huge jump in the cost of services caused by the need to maintain a staff of small-town censors, who will in every way complicate the lives of users, receiving salaries from their own pockets.
Of course, the entire population of Russian-speaking cyberspace is not transplanted. The inviolability of the home theoretically protects the user from checking the contents of his computer by the regulatory authorities, but does not eliminate the status of the offender and the potential to become a ritual victim for the sake of joining the WTO or simply a good way to close the plan at the end of the year.
What is especially sad would be to gloatly rub our hands, they say, pop eat itself, and we will have kosher content under free licenses. But, unfortunately, this is far from the case. The fourth part of the Civil Code actually eliminates any possibility of the functioning of free licenses - they simply do not have legal force.
So forget about free icons, comics, pictures for your desktop, etc.
Follow the news, do not remain indifferent.
UPD: onthefly , having written 48 comments - 12% of all written at the moment, provided his point of view .
Everyone who wants to get to the bottom of the truth, I advise you to independently search for various sources related to this topic and get to know them, so as not to succumb to the influence of my or anyone else's opinion.
Our man ( Copylefter ) met and interviewed a legislator, known as LJ as bablaw . Under the cut, it’s accessible and simple - what threatens us with the new amendments.
general information
Recently, in the field of domestic copyright, two important legislative initiatives have emerged that can significantly limit the freedom of the Russian-language segment of the network. We can say that this is an example of a new tactic, which was adopted by all kinds of copywriters and lobbyists of various kinds.
Instead of one monstrous law, various clarifications and amendments are introduced into the legislation, which achieve the same goal through a combination of interpretations and vague legal norms. In our case, this is a draft resolution of the Supreme Arbitration Court and the Supreme Court of the Russian Federation “On some issues that have arisen in connection with the implementation of the fourth part of the Civil Code of the Russian Federation”, as well as the amendments to the fourth part of the Civil Code.
The decision of the Supreme Arbitration Court and the Supreme Court deciphers the concept of “innocent liability” as a fine of 10,000 to 5 million rubles, and the amendments virtually eliminate the so-called “Free reproduction of the work for personal use”.
These are far from all restrictive changes, but today we’ll just see how the life of ordinary Runet users can change
Movies, music and more
As part of the fourth part of the current Civil Code of the Russian Federation, the user was assigned the right to copy (in legal language, reproduction) for personal purposes any media content - music, films, pictures. Amendments to the Civil Code and the decision of the Supreme Arbitration Court and the Armed Forces introduce important amendments. From now on, only legal copyright objects can be copied, and then subject to some “necessity”.
This means that all the films you downloaded from file-sharing networks, all music that you found on music blogs and downloaded through links to rapidshare become illegal, because all this was distributed without obtaining personal, officially issued permissions from the copyright holders.
In addition, the sad fate awaits such popular sites as torrents.ru and funkysouls, not to mention file sharing in regional networks. Previously, the existence of all these projects ensured the absence of any clear instructions in the paragraph on innocent liability. When the copyright holder found the distribution of his “intellectual property”, he wrote claims, and the administration deleted the contentious content. Now, each such claim will result in a fine of 10,000 to 5 million rubles. Forgive me, the winner of the “Top Ten” Runet Prize 2008, I’m even afraid to imagine how many billions of rubles your content pulls.
Surfing
All these innovations do not even take into account such fundamental things as the principle of the browser. In fact, innocent liability extends not only to hosters and providers, but also to ordinary users. That is, you are now responsible for the contents of your browser cache. Let's say some site, posted a picture without concluding a special contract with the copyright holder thereof. Having visited this site, your browser has downloaded the image to the cache - voila you are an offender, prepare from 10 thousand to 5 million.
In addition, all kinds of news aggregators, like the same news2.ru or image search services like Yandex-pictures, disappear, because they simply can’t physically obtain permission for every picture displayed on their website. Apparently, now in the search engines should appear the inscription "carefully this site can cause damage to your material well-being." What awaits Habr?
Network access
As providers become official scapegoats, it’s hard to even imagine what they’ll do to protect themselves from copyright claims. At least, it can be reliably stated that there will be a huge jump in the cost of services caused by the need to maintain a staff of small-town censors, who will in every way complicate the lives of users, receiving salaries from their own pockets.
Of course, the entire population of Russian-speaking cyberspace is not transplanted. The inviolability of the home theoretically protects the user from checking the contents of his computer by the regulatory authorities, but does not eliminate the status of the offender and the potential to become a ritual victim for the sake of joining the WTO or simply a good way to close the plan at the end of the year.
Free licenses
What is especially sad would be to gloatly rub our hands, they say, pop eat itself, and we will have kosher content under free licenses. But, unfortunately, this is far from the case. The fourth part of the Civil Code actually eliminates any possibility of the functioning of free licenses - they simply do not have legal force.
So forget about free icons, comics, pictures for your desktop, etc.
Follow the news, do not remain indifferent.
UPD: onthefly , having written 48 comments - 12% of all written at the moment, provided his point of view .
Everyone who wants to get to the bottom of the truth, I advise you to independently search for various sources related to this topic and get to know them, so as not to succumb to the influence of my or anyone else's opinion.