It is a problem, because rightholders have no or limited control over the use and the remuneration for the use of their content by services storing and giving access to large amounts of protected content uploaded by their users.
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Not only Russian copyright, broadcast and digital law
It is a problem, because rightholders have no or limited control over the use and the remuneration for the use of their content by services storing and giving access to large amounts of protected content uploaded by their users.
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This list highlights prominent and illustrative examples of online and physical marketplaces that reportedly engage in and facilitate substantial piracy and counterfeiting. A goal of the List is to motivate appropriate action by the private sector and governments to reduce piracy and counterfeiting.
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Human rights council under the Russian president Vladimir Putin also does not like the new laws on fake news and insulting of Russian official authorities. The council asked the Putin to reject the law, but it asked to improve these laws. According to the council the law “unproportionally restricts the right on freedom of expression”. The liability, provided for dissemination of fake news, is excessive council believes.
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The traditional mass media in Russia – traditional television and radio stations and print issues – are totally under control of the state. Most of them have also strong support from the state budget. But if these media provide information for huge massive audience, should they be liable for mistakes, i.e. for so called fake news made by mistake, omission or by any other reason. In other words, if traditional mass media provides incorrect information should it be liable?
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In Russia there is a law prohibiting the dissemination of explicit content in internet. The liability for violation of such law should bear also the owner of mass media or operator of web-site where the content is published or through with the explicit content is disseminated. The Russian online media resource Vedomosti has been fined for dissemination of explicit content despite the fact that there was warning and the content in question has been available on twitter through the link.
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The authors of draft law on autonomy for Russian internet claimed very seriously that the adoption of this law would not entail any expenditure for Russian state budget. But auditors from Russian Accounts Chamber have different opinion based on their own calculations. They believe realization of this law would entail budgetary expenditures, prices rising and as negative consequence speed up inflation.
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Russian government has provided its assessment of draft law on Russian internet autonomy. According to assessment the draft law has legal uncertainty in relation to threats to Russian segment of internet. In other word it is not specified in draft law what is must protect. The main subject of draft law is protection of Russian internet against threats, but threats themselves are not specified.
Russian senators have proposed to register each device with access to internet and consider opportunity to make it a law. Any person, who has phone or laptop, would be obliged to register his device by International mobile equipment identity (in a case of mobile phone) or by any other serial number allowing identification of device. The registration should cost about 100 Roubles. If the person does not register its device the communication operator has to block access to internet or cease providing a communication services.
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The Russian government believes the draft law, providing liability for those who insult Russian authorities in internet, is to be corrected. It was proposed to make wording of some definitions more clearly in order to exclude any opportunity of misinterpretation what as consequence can entail problems in enforcement practice. The general prosecutor and Russian ministry of justice have negatively assessed the current version of draft law.
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The ministry of culture is famous of its legislative proposals like restriction of access to web-sites without court order. The minister is pretty sure that all anonymity will disappear from global internet and go to darknet, but underlined that it is his own opinion. But many professionals in Russia know that very often personal opinions of Russian official persons can become reality under the law.
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