Monday, February 16, 2009

For piracy will be punished and the innocent, too

In Russia in the near future may be legislation, which is tighten the fight against software piracy. And especially do not fall under attack by pirates, and users of counterfeit software and content, including involuntary users, acting without any malice. Plenum of the Supreme and Supreme Arbitration courts of the Russian Federation prepared a draft decree, which clarifies which entered into force on 1 January 2008 Article 1250 Civil Code ( «protection of intellectual property rights»). The article states that the absence of fault does not absolve the offender of the need to end the use of Audio, and does not preclude the application of the sanctions. Thus, in the near future the Russian users of pirated software, as well as owners and customers house networks and videohostingov can begin to fine for violation of intellectual property rights. And even if they did not know (and could not know) that the use of Audio.

intellectual propertyPreviously, the law-enforcement and judicial authorities acted in another way. Penalties apply only to innocent entities - Audio users. Now the sentencing practice extended to ordinary citizens. It is easy to imagine how many offenders instantly appear in Russia, given that (according to most expert estimates) of the order of 95% for software and mediakontenta home PCs Russians - Audio in its pure form. Meanwhile, the Russian Supreme Arbitration courts and said that the man who used the Audio unconsciously, can only reduce the amount of fines, but not release it at all (in the case of a violation of informed penalty ranges from 10 thousand to 5 million rubles). So now the user can fine even if he proves that he did not know about the illegality of its installed on a home computer program. But the hard drives of home computers «great cleansing» is not limited. Also, individuals will be fined for posting and downloading Audio in local and public networks, as well as hosting (even if they do not know what to post and download pirated copies). True, there already are having difficulty with the search for «defaulter» users. However, as the trial lawyers are confident that these challenges would be more than offset by the fact that now it will be possible to prosecute the owners of computer networks and hosts. Previously, it was difficult to prove that the owner, for example, Youtube is aware of his appearance at hosting Audio. Now this is not required. Of course, this odious decision may well be being ostracized by the other branches of the Russian authorities. Suffice it to recall how at one time, Vladimir Putin called «idiocy» prosecution became a famous teacher Ponosova modest. Then, Microsoft rushed otkrestitsya of its involvement in the case, but prosecutors and the judiciary is clearly overreach. It is possible that something similar will happen now. This is not only proved to be an example of this Russian catching ...

Meanwhile, local courts in Russia right now, without waiting for the verdict of the Supreme and Arbitration Courts, is punished by the users (ie users, not just pirates) Pirataria. On the first day of December, residents of Vladivostok for the installed counterfeit copy of Microsoft Windows XP Professional sentenced to one year imprisonment. However, relatively. In addition, he will be obliged to pay 117,138 rubles fine in a civil lawsuit under the same criminal case. The situation in which the investigation becomes known exactly what software was installed illegally, usually characteristic of police checks. During such events, Russian law enforcers incognito, as a rule, make a proposal to establish a verifiable on the aggregate value of over 50 thousand rubles. The point is that precisely that amount defined in the Russian Criminal Code theft «large», and from the same criminal responsibility begins.

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