Intellectual Property Court came up with how to determine the responsibility of Internet resources for pirated content

    The Scientific Advisory Council (NCC) at the Intellectual Property Rights Court has prepared a draft certificate of responsibility for the placement of pirated materials. According to the NCC, Internet providers, hosting, social networks, torrents, search engines are not responsible for pirated content, if they do not benefit from this financial benefit. Even advertising on a page with illegal content does not bring such benefits, experts say NKS.

    “The certificates issued by the Intellectual Property Rights Court following the results of the council’s meetings form judicial practice. If judges have a contentious issue and a certificate has been issued on this topic, they can be guided by it. Inquiries are not binding, we do not have case law in our country. But they form a uniform judicial practice, ”says Sergey Kopylov, head of the legal department of the Coordination Center for the national Internet domain, a member of the NCC.

    The owners of Internet sites listed above are information intermediaries. This concept is defined in article 1253.1 of the Civil Code of the Russian Federation:

    “A person transmitting material ... on the Internet, a person who provides the ability to post material or information necessary to receive it using the information and telecommunication network, a person who provides access to material on this network.”

    Three criteria follow from this law, which make it possible to remove responsibility for illegal content from the administration of an Internet resource:

    • An Internet resource should not earn from posting illegal content. Displaying ads is considered indirect profit and is not taken into account.
    • Materials on resources are posted by users
    • All content is moderated.

    The head of the dating site , Andrei Burin, believes that the criteria are pretty realistic. “We have content moderation on our site. Moderators cannot determine how legitimate the content is. But they can reveal illegal - for example, inciting ethnic hatred, pornographic and so on, ”Burin told Izvestia.

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