a Company Ontarget has addressed in Moscow city court with the requirement to block Google, YouTube, as it is possible to find the video with the tests in personnel evaluation that were developed by the plaintiff. The detected violation is repeated, and on anti-piracy legislation, the court has the right to impose a perpetual lock on the popular service.
The Ontarget company engaged in the development of tests for assessment personnel, filed a court claim, which requires the blocking of YouTube in Russia for the second violation of anti-piracy legislation, according to “Kommersant”.
According to the CEO of Ontarget Svetlana Symonenko, the basis for the claim was the placement in YouTube videos, in which you can find the tests developed by her company. The plaintiff demands to block YouTube because of violations identified again in 2018, the Moscow city court ordered YouTube to remove controversial content, but this requirement has not been met.
Under the law, in case of default the court orders the service could face untimely lock on the entire territory of Russia.
It is reported that in the course of the trial two years ago, Google tried to prove that cannot be a defendant in this case, since it is not hosting provider is YouTube, but the court denied it. In 2019 from the IT giant filed an appeal, which stated that commercials with content Ontarget removed, but the judge stated that this “does not obviate the threat of violation of the rights of the claimant in the future.”
The court does have the right to block YouTube, because according to the law “On information” is required to end access not just to the pages of the website, have violated someone’s rights, but to the entire resource as a whole. However, the interviewed lawyers consider such a scenario unlikely. As the representative of the company DLA Piper Rus, attorney Julianna tabastajewa, earlier in Russia was blocked only those resources that are themselves infringers, for example, the social network LinkedIn, who refused to follow the law, according to which personal data of Russian citizens must be stored on the territory of the Russian Federation.
Former adviser of the President of the Russian Federation on the development of the Internet, and now Chairman of the Board, Foundation for the development of the digital economy Herman Klimenko in the air NSN and even stated that the requirements are Ontarget “PR”.
“The practice of the present proceedings suggests that the block still is not the services, but that violates copyright. That does not negate the fact that the court’s decision may be taken and the resource lock.
But I think in this situation it is associated more with PR than with any serious design.
At least YouTube takes the decisions of the courts in relation to the closure of certain video — not necessarily because of a violation of a busOrskaya rights. But while the precedent of blocking the whole YouTube was not and hopefully will not,” — said Klimenko.
News about the possible blocking of YouTube in Russia last appeared at the end of 2019 — appeal instance of the Moscow city court sided with the publishing house “Eksmo”, claiming that illegal copies of the book “the Problem of three bodies” writer Liu Zysina freely available in audio format including on open spaces owned by Google YouTube. General Director of the Association for the protection of copyright on the Internet (ISAPI), representing the interests of “Eksmo, Maxim Rabuka then said that Google and YouTube have a mechanism for voluntary removal of links to pirate sites, but it “is not always”.