The record company Gala Records, which represents the interests of Russia in the world music giant EMI Music, won the trial with the owners of mp3 site Delit.net. This is the first major case against sites with semi-license tracks in mp3 format. The illegality of the procedure for grant of this license has reminded the U.S. government repeatedly during the negotiations on Russia's accession to WTO. Experts believe that the court's decision would help "Clean up the Internet works." The Moscow Arbitration Court confirmed Gala Records and its affiliated JSC "SBA Music Publishing" for companies to "Divide" and "Delit.ru" owned mp3 sites and Delit.net Delit.ru. This resource provides half a million tracks buy 31 thousand in domestic and foreign artists at $ 0.1 per track. The court found that the owners pay the music of copyright and related rights record company violated and to pay compensation to the record company in the amount of 60 thousand rubles. Gala Records sued delit.net in September 2006, arguing that the owners of illegally placed on tracks owned by the label and requires much greater compensation - 800,000 rubles. This could be the normal procedures of the owner of music piracy site if it is not "used Federation supports for the collective management of copyright in the works in interactive mode" part of the (FAIR). The fact that the activities of companies such as FAIR, discussed in the United States in the negotiations on Russia's accession to the WTO. Because of the "holes" in the Russian legislation such companies may issue a "license" for MP3 tracks from artists with whom they do not assign any contracts as active sites use as Delit.net Allofmp3.com or notoriety. Sales in the last (it was called the U.S. government "the chief pirate site of Russia"), according to various estimates, $ 10 to 14,000,000 in the year, while all Russian sites selling digital music at $ 30-50 million last fall , U.S. Trade Representative Susan Schwab promised WTO negotiations on the elimination lobbying Allofmp3.com and similar sites and Economic Development Minister German Gref, the first problem by banning from June 2007 to solve the activities of unscrupulous companies for the collective management of copyright, no contracts with the owners. But in the U.S., German Gref, does not seem to believe especially: filed in December 2006, the major record labels companies (including Sony BMG and Warner Bros. Records) in federal court in New York to claim the company "Mediaservises" has Allofmp3.com. Western record companies need to close the resource by the courts in the United States after he unsuccessfully tried to do this in Russia. In particular, in July 2006, the Moscow Arbitration Court of the Moscow office of the claim owner of Universal Music mp3 site. The main argument of the method with "Mediaservises" were called "X". Issued about the same "X" by the company FAIR cited in court and the website owner and Delit.net Delit.ru at trial with Gala Records. Attracted by the third party to litigation representative designated FAIR again allowed to Article 45 of the Law of the Russian Federation "On Copyright and Related Rights", the license "on behalf of all owners, including those who have not authorized the organization." Note that a part of the structure of the company Gala Records "SBA Music Publishing" represents the interests of Russia in world music giant EMI Music, the catalog of which 1.5 million tracks are 65 thousand musicians. "Do you seriously think you could this issue licenses for all happy?" - Asked the representative of FAIR Judge John Larin and eventually ruled in favor of a record company. His motivation part should be ready this week. In Gala Records called the decision "a precedent for the market." "We certainly have not seen the justification, and the amount of compensation is not very happy, but we are confident that the court was out of our arguments," - said the lawyer Gala Records Alexei Musatov. Head of Legal Department FAIR Vadim take a walk, said he would not comment on the court's decision as long as it does not see "on paper." "We do not know what kind of motivation if you. A solution, and then tell you if we talk to them" - He explained. To learn Delit Music Project Navigator Igor Zuev that he reports "Kommersant" concerns, said the negotiations with the record label "not recall" can give any comments, including about what he is doing and websites Delit.ru Delit.net. Experts estimate the outcome of the case as a historical event. "Piracy psevdoobschestva for collective rights management - a terrible scam and a very big problem - said the law firm partner Tulubeva, Osipov and partner Irina Tulubeva. - In most cases, the right to such companies shall establish, the world as a non-viable enterprises, the case . to bring to justice such matters by the fact that the owner of the site is difficult to find are complicated, they act through a third party so while the judiciary we have no case, they benefit decision -. in the future of the Internet is more cases to be fine. "
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