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Alexander Shapoval2017-07-30 07:22:41
Law in IT
Alexander Shapoval, 2017-07-30 07:22:41

Do the agreements on the sites have any legal force?

Hello, I am interested in the question of the importance of large and terrible agreements that are sometimes written on sites, do they have any force? For example:
5.1. The User undertakes to use the Service only for lawful purposes, comply with the current legislation of the Russian Federation, as well as the rights and legitimate interests of the Administrator and copyright holders whose video content and other results of their intellectual activity are posted on the Service.
5.5. The User does not have the right to reproduce, repeat, copy, sell, resell, and also use in any way for any commercial purposes the Service and/or any part of the content of the Service without the written consent of the Administrator and/or the copyright holders of the results of intellectual activity posted on the Service .

There's a ton of text in there too. The fact is that there is no unique content on it, everything is already walking on the Internet, besides, if a leak occurs, who and how will find out where the information was copied from. For example, there is a film that the copyright holder does not want it to be freely distributed, for example, I will place this film at my place, there will be claims from the copyright holder, but no one will understand where I copied this film from and will not be able to figure it out, the copyright holder only needs me to delete it.
So, let's get back to the site from where I cited the stub of the agreement as an example, why is this scribble there?

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3 answer(s)
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BBmike, 2017-07-30
@sanek_os9

Yes, they are valid until proven otherwise. this is an offer - a unilateral proposal to an unlimited circle of persons to conclude a deal.
5.1. here it is redundant, because it tries to establish what has already been established within the framework of public relations. it's like agreeing not to rape or kill, even though this has already been regulated by the Criminal Code.
In addition, you did not understand that the limits of rights are set here not for pictures, but for a certain Service.
if you believe that they do not have the appropriate right, violate this agreement with the expectation of a further potential dispute and contestation of their rights.

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Semyon Beloglazov, 2017-07-30
@Batlab

If this site is not tied to one of the legal. individuals or businesses, then all this writing is most likely laid out simply for the purpose of intimidation / warning. When applying to law enforcement, this will be a complete 0.

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chromimon, 2018-05-05
@chromimon

5.1. The User undertakes to use the Service only for lawful purposes, comply with the current legislation of the Russian Federation, as well as the rights and legitimate interests of the Administrator and copyright holders whose video content and other results of their intellectual activity are posted on the Service.
5.5. The User does not have the right to reproduce, repeat, copy, sell, resell, and also use in any way for any commercial purposes the Service and/or any part of the content of the Service without the written consent of the Administrator and/or the copyright holders of the results of intellectual activity posted on the Service .

To minimize claims against the site when illegal content posted by users appears on it.
You understand that pre-moderation is not always possible.
Everything described here is perfectly legal.
The site describes the boundaries of its services and its responsibilities.

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