Sunday, September 29, 2013

RAO suing the domain name in runet

To the arbitration court of Moscow's action "Russian Society of Authors" to the owner of the website is submitted "AntiRAO." According to representatives of the Russian Authors' Society, denounced the existence of this website to their business reputation. This page "AntiRAO" does not work. "Web planet" However, at the request of one of its co-owner Sergei Milanino (which is actually the author), as you do not stop the work on the ground contain offensive material. It was taken just a few pages. One of them - this is an article from "Spark" "Control bugging", a report on the need for music in shops, cafes and other places played, pay to open the entrance. Also on the premises fourth part of the Civil Code has been placed. And finally contained another side an offer for owners of restaurants and cafes, music directly from the owners. In this case, the customer had to pay only once, and eliminates the need to make periodic payments to the RAO. After Milanino, now he's no longer pay your domain name renewal. However, representatives of RAO sued, the 20th Dated May. By itself, this claim deserves careful examination. First of all - because of the argument that it contains. So say the authors of the statement that discredits their reputation domain name yourself "antirao.ru". "Will understand Russian Authors' Society." They argue that "are logically in the domain name of this site and mapped semantically identified the words" anti "and" rao "word" rao: do this they had to make a fairly trivial statements A description of the value of the prefix "anti" with two dictionaries, and then it says: "According to § 7 of the Resolution of the Plenum of the RF Armed Forces № 3 defamatory, in particular, the details: - violations of national existing legislation - commission dishonest act - abuse, unethical behavior in personal, social or political life - the bad faith in the implementation of the industrial, economic and business activities -. a violation of business ethics and business practice clear that the prefix "anti", which means "hostility toward none addressed "covers the top of the Resolution of the Plenum of the RF Armed Forces № 3 cases. Thus, the comparison is in the domain name of the site prefix anti www.antirao.ru Russian collecting society" hostility directed against someone who is a little "defamatory shows the domain name. Linguistically domain name www.antirao.ru tantamount to saying "RAO performs illegal activities, and this has to fight. "It is confirmed, in particular, and the following statements" for all music played in your restaurant (sales area, shop, etc.), you must make regular payments to the RAO. ... We propose to ignore this system and save you money (get designer spelling and punctuation - EP) ".. Based on this waste assessed the damage to his reputation, 300,000, which is the number of requests to recover from the defendants. In this case, said a further claim: "To recognize the false and harmful business reputation of the Russian Authors' Society the following information: - the domain name of the website" www.antirao.ru "." The requirement statements are contained in the pages of the site to refute not given any reason. Milanino itself "Web planet" commented on this claim. "Not a word, defamatory or offensive waste, the site was not we just described the existing system of payments to the waste, and offered to buy music directly from the authors so after all the authors and get more. Need to pay once. Actually that the action has not been placed on the content but on the domain name. But how a domain name can even wear antirao defamatory? central claim is that the term "domain name www.antirao.ru linguistically equivalent to the statement "carries waste illegal activities and this should not be fighting." This is the logic of lawyers RW word "unsanitary conditions" means "Keep disinfection illegal." There are websites and antimebel anti xenon, but it would probably be very strange if the furniture manufacturers are argue that the name is synonymous with the struggle calls antimebel with furniture manufacturers. "Court of the word" chaos "In addition, the arbitration court of Moscow is another similar case in which a domain name" bespredelrao.ru. "In his statement of claim in this case, representatives of the waste is also asked to realize it is not true. In addition, they refute the phrase "unlimited Russian Authors' Society", the title and the text of an article on this website. And also require 300,000 as compensation. Now the domain name "bespredelrao.ru" used to transfer a site of public organization "Russian society members of the cultural and recreational activities." There, among other materials, and it is the object itself, which causes dissatisfaction RW. As for her collection of compensation for the performance of work in the concert. The paper argues that a number of artists, the reward for the transfer was to be lost, the money is just not there. It is that need collecting society representatives deny. But mutually exclusive in the application paragraphs: RW requires refutation on the grounds of "bespredelrao.ru", but according to the same point - want to register a domain name cancel. What are RAW fear? The so-called "organization for the collective management of copyright and related rights" ("collective control") on which the RAO - an organization that collect specially protected the charge of those who is using a copyright works, in cases when the law allows them to use it without the owner, but with payment of fees. If the collection of fees for the reproduction of music in the cafes, restaurants and other places, the need for mediation "collective" is not in doubt. Doubt comes when money from operators who agree with the performers can try without the middleman, "The situation is deteriorating downright indignation when the author - to as the interpreter of his works charging royalties of 5% of total sales for the concert RAO followed by payment of his back, but less commission of 15% or more, and even then only in the case that he was coming after them LF RAO is an ass by the authors themselves - personally interpreters of his works, as they must.. and call to literally persuade Waste Management Firm enable them to play a concert in the grounds of the Rostov region and not paying royalties to concert organizers calculate had contact recently personally E. Sparrow, Vladimir Chernyak, Sergei Drobotenko etc. In particular, the firm RAO waiver issued in writing to the concert Vladimir Chernjakova. "This is a quote from the traffic ROUKDD the press. The same problem was antirao.ru on the site, its author, Sergei Milanino writes music for a well-known Moscow group increases, and therefore familiar with the situation. On his website, owners of cafes and restaurants offer the buy music directly from the authors - is a logical solution. But to do that, it seems, and is afraid of the "Russian Authors' Society." It remains to add that this story shows advertise on the other side of the network of freedom fighters do not like to copyright (and is usually not the authors, and some business brokers). They trumpet the fact that the Internet flourishing free file sharing, which is "piracy." But the Internet has done, and the other thing - it makes communication with the owners who want to use their products without middlemen. In fact, disallowing ordered concert by the rock band, contact them directly via their website? Pages now have the majority of musicians. And appearance of the development of Internet services that facilitate the conclusion of contracts (such as service Jamendo PRO), "collective control" one day discover that their services are not needed. This is still far away - but as we see, has already cleanup of those who started in unnecessary services "collective" his claim. Therefore, the "control" have anything to fear.

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