Gala Records won court "VKontakte"

The Arbitration Court of St. Petersburg and Leningrad region to meet the demands of the two companies in the group of companies "Gala Records" - JSC "SBA production" and CJSC "SBAMyuzik Publishing." It turned the court found vkontakte.ru that the administrator and owner of the site should be responsible for the violation of the exclusive rights of JSC "SBA production" and CJSC "SBAMyuzik Publishing" on the soundtrack, and the works of the "Infinity" and singer MakSim Despite numerous attempts to shift the responsibility of the respondent's social network users. Claims of JSC "SBA production" and CJSC "Publishing SBAMyuzik" filed in the fall of 2011, after it became clear that the outcome of the case from court will not succeed. Representatives of "VKontakte", argued that the music was written content on the site by users of the resource that has the responsibility for the violation, and the resource itself is the necessary measures in accordance with applicable law and the case law of prescription. In support of their position to the court provided the social network IP address and other information about users. However, over this at the request of the LLC "Contact" test, to find out who and from which IP address the audio files are downloaded, it was impossible. In turn, brought the JSC "SBA production" and CJSC "SBAMyuzik Publishing", it was "VKontakte" violates the rights of the plaintiffs by playing and finishing works and sound recordings to the public, and that a social network should be kept responsible for the entire Content stored on the server resource control only of the website. In addition, the plaintiffs pointed out that the social network does not take preventive measures to avoid injuries, the opposite - create a technological environment for violations, as well as demonstration of the public release of content content. As a result of the study, which lasted for almost half a year, was won by the owners - the Court of First Instance decided to collect "VKontakte" to compensation in the amount of 210 000, and the cost of legal fees and court costs. For the Russian legal practice - one of the first big decisions right holder and the home of the social network is protected - in St. Petersburg, which may be a strong argument in contradiction with the largest owners online resource should be made, by some estimates up to 70% LESBIAN pirate traffic. Unlike the Moscow Arbitration Court which was already to the side brackets, weborama.ru for example in the same dispute "Gala Records" with UGC service, arbitration of St. Petersburg and Leningrad region previously released social network "VKontakte" from liability for breaches copyright disputes with other major owners - RTR.