The Moscow city court refused to accept the claim of the publishing house “Eksmo” to “Yandex”, in which the publishing house demanded to block the links to sites with pirated content. About this RBC reported in the press service of the court.
Maxim Rabuka, Director General of the Association for the protection of copyright on the Internet (ISAPI), which filed a lawsuit on behalf of “Eksmo”, told RBC that in the near future lawyers of the Association are familiar with the reasoning part. “Mosgorsuda we will take a separate decision, and tactically, the next step is the Arbitration court of the city of Moscow”, — he said.
The representative of Moscow city court Ulyana Solopova said “Vedomosti” that the judge found no grounds for making a claim, as “Eksmo” was unable to prove that “Yandex” violates the rights of publishers on the books of the science fiction writer Alexey Kalugin. In its lawsuit, “Eksmo” demanded that “Yandex” has ceased to place in their search results links that are on the torrent tracker Rutracker.org giving the opportunity to download these books.
Solopova also said that access to the Rutracker.org was permanently banned by court decision last winter that was one of the bases for refusal in acceptance of the claim.
Earlier Rabuka told that, contrary to the decision of the court of the content, recognized the pirate “continues to be indexed”. “For anybody not a secret that “Yandex” has a built-in mode “Turbo”, which allows you to get direct access. In their actions we see the violation of the rights of copyright holders,” — said the head of ISAPI.
The claim “Yandex” ISAPI sent August 25. In this Association required within 48 hours to ensure that the search engine does not have any more links to Rutracker.org.
In “Yandex”, commenting on the claims of “Eksmo” RBC said links rutracker.org referred to in the claims of the publisher, can be found in other search engines and other Internet resources. “That is, following the logic of the ISAPI and “Eksmo”, interim measures may be required in respect of any website that referred link rutracker.org” — said in “Yandex”. The company representative reminded that in all previous cases, when the court considered a similar claim of “Eksmo”, the courts took the side of “Yandex”, recognizing that the search service does not distribute information, and provides users with services to search data on the Internet.