We recently reported that in a criminal case against the creators of the service Interfilm.ru couple Ivan and Irina Podorozhnikovyh (personal details changed), were carried out searches at 20 “most active user”. During the searches, was found in personal computers “a significant number of counterfeit copies of films and is now considered the question of attracting these users to liability.
This could become a precedent for Russia, which still attracted to justice only to those who placed the counterfeit in the Internet and not downloaded it,” – says the Managing Partner of law firm Dobronravov & Partners Yuri Dobronravov. In his opinion, make it unlikely, since the opening of a criminal case the prosecution must prove the existence of mercenary intent in downloading and that users are going to continue to profit from uploading the content. For the average user, download movies for personal viewing, such charges simply unacceptable.
In turn, partner of law firm Salans Victor Naumov believes that “the law makes no distinction, the user or owner of the site has committed a crime, so the formal prosecution of people who play the torrent files, perhaps. “The issue in the volume of that loaded on the user’s computer that was found during the investigation and then how to prove that the films are used or stored for sale, – believes Naumov .- For example, to prove the act” in a particularly large size “(damage to the right holder of 250 000 rub.) requires that the user has downloaded hundreds of movies, and even more.”
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