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Artem00712017-03-27 09:50:58
Law in IT
Artem0071, 2017-03-27 09:50:58

What is the name of the law?

Somewhere I read some time ago in some source ...)
In fact, it said that the site is a platform on which people can exchange files, and the site acts as an intermediary.
What is it called? And is there one at all?

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1 answer(s)
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Oleg Sergaev, 2017-03-27
@Artem0071

You are probably asking about this?
This is the 4th part of the Civil Code, Article 1253.1. Features of the responsibility of the information
intermediary access to the material in this network, - the information intermediary - is liable for the violation of intellectual property rights in the information and telecommunication network on the general grounds provided for by this Code, if there is fault, taking into account the specifics established by paragraphs 2 and 3 of this article.
2. An information intermediary that transmits material in the information and telecommunication network shall not be liable for the violation of intellectual rights that occurred as a result of this transfer, provided that the following conditions are met at the same time:
1) it is not the initiator of this transfer and does not determine the recipient of the specified material;
2) he does not change the specified material during the provision of communication services, with the exception of changes carried out to ensure the technological process of transferring the material;
3) he did not know and should not have known that the use of the corresponding result of intellectual activity or means of individualization by the person who initiated the transfer of material containing the corresponding result of intellectual activity or means of individualization is unlawful.
3. The information intermediary that provides the opportunity to post material in the information and telecommunication network shall not be liable for the infringement of intellectual rights that occurred as a result of the placement of material in the information and telecommunication network by a third party or at his direction, while simultaneously observing the following conditions by the information intermediary:
1) he did not know and should not have known that the use of the corresponding result of intellectual activity or means of individualization contained in such material is unlawful;
2) if he receives a written statement from the copyright holder about the infringement of intellectual rights indicating the page of the site and (or) the network address on the Internet on which such material is posted, he promptly took the necessary and sufficient measures to stop the infringement of intellectual rights. The list of necessary and sufficient measures and the procedure for their implementation may be established by law.
4. An information intermediary who, in accordance with this article, is not responsible for the violation of intellectual property rights, may be subject to claims for the protection of intellectual rights (paragraph 1 of Article 1250, paragraph 1 of Article 1251, paragraph 1 of Article 1252 of this Code), not related to the application of measures of civil liability, including the removal of information that violates exclusive rights, or the restriction of access to it.
5. The rules of this article apply to persons who provide access to the material or information necessary to obtain it using the information and telecommunications network.

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