MOSCOW, March 22 - RAPSI. The Moscow District Federal Commercial Court will hear on April 16 an appeal against the adverse judgment in the lawsuit for $41,000 in damages from RuTube for distributing Andrey Karaulov's film "Khodorkovsky. Pipes/Corpses".
The Moscow Commercial Court held against Pravda.Ru on October 14 and the appellate court confirmed the judgment.
The claims stem from the fact that the defendant played and distributed the film through its website on March 17. Pravda.Ru maintains that the defendant violated its excusive rights to play and distribute the work. However, the court found out that the plaintiff failed to prove its copyright infringement by the defendant. Under the User Agreement the defendant should remove online materials at its own discretion if there are reasons to believe that they violate any third-party rights or interests or applicable laws.
The film was removed from the defendant's services. Therefore, the court dismissed the lawsuit due to the lack of evidence that the copyright was breached exactly by the defendant.
Pravda.Ru is the founder of the online publication of the same name. It was established in 1999 by the journalists who formerly worked for the Pravda daily when the editorial board split after the newspaper's sale.