Recording company wins copyright case against Vkontakte social network
Published: 31 January, 2012, 20:45
Gala Records wins copyright case against Vkontakte social network
TAGS: Music, Conflict, Crime, Russia, Piracy, Internet
Russian Gala Records has won a copyright case against the St. Petersburg-based Vkontakte social network website. Experts say it’s a good sign for the whole recording industry and a wind of change for Russian online piracy.
Gala Records claimed the site was allowing users to upload and share material by the Russian band Infinity and singer Maksim, breaching copyright law. In response, Vkontakte blamed the site's users, and said they should be facing copyright charges. It also claimed to have taken all necessary legal measures to warn users of the illegal nature of their actions.
The social network site even offered up internet addresses and personal data in an effort to track down the illegal uploaders, but with no result.
The record company went on to claim the site was providing users with a technical platform for illegal actions, such as uploading music.
The court agreed with Gala Records ordered Vkontakte to pay 210,000 Roubles ($7000) compensation and costs.
Some analysts have suggested that 70% of all illegal content traffic in Russia passes through the Vkontakte social network site.
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Look guys, I was only joking??? Most everyone from the early computer generation of the 80's believes in unrestrained software piracy on all levels, and doesn't even consider anything computer related to even be applicable to copyright law. You need to have a solid form, like a book, tape, or disk for it to be considered copyright infringement, and then it is only applicable to this particular solid form. But, even with that, most people don't really believe possessing or giving away a book, tape or CD is copyright infringement. You actually have to sell it to someone for a profit, for it to be considered illegal.
So, if you copy a disk and sell it, then you are committing an illegal act. If you upload something on a computer network, and other people can see it, then it is very hard to call it copyright infringement, except perhaps on the person doing the uploading. But the files themselves, cannot be considered to exist, because they are not in a solid form. The thing has to be stored on an alternative medium to even begin to be considered a copyright violation.
This is not meant as a legal opinion, but was the standard practice for the past 30 years with tapes, disks, and cd's. I simply disagree with prosecuting someone for hosting material, only limited to asking them to remove it. You can only go after the original person that put it there, but you also need proof of intent to commit a violation of some kind.