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Gevorkyan v. Moshkov
Gevorkyan v. Moshkov ((ロシア語:Геворкян против Мошкова)) was a landmark case that established the precedent for the application of the Russian copyright law to the online services.
==Background==
Maksim Moshkow is the owner of the website Lib.ru also known as the ''Moshkov library'' created in 1994. The site is considered to be one of the oldest and the best Russian digital libraries. The site is free and supported by advertisements and private donations. The project started as a bulletin board system and kept the bulletin board approach to the copyright matters: the site publishes all notable books uploaded there but removes books by the first request from the authors. The policy was in obvious contradiction with the Russian copyright law, but for more than ten years nobody objected. Indeed many authors and publishing houses considered placements of their works in the Moshkov library beneficial to the sales of the paper copies of the books.〔Vladimir Abramovich Vul (2003): Who and why?, Bibliotechnoye Delo(Librarianship) 2(2) () (Russian)〕
The ''Kirill i Mefody'' company (named after the Cyril and Methodius) started in 1995 was the creator of the ''Large KM Encyclopedia'' and other multimedia products. In 1998 they created the portal ( KM Online ) that gave paying users internet access to their Encyclopedia and their own collection of online books. Unlike Moshkov, ''Kirill i Mefody'' library offered the copyright holders up to 20% of its revenue from the downloads of E-books from paying users. In exchange it required an exclusive rights over internet publications. The revenue from the paid downloads was low, since most of the E-books offered by ''Kirill i Mefody'' for fee-paying users were freely available on the sites like the Moshkov library.
In 2004 ''Kirill i Mefody'' requested Moshkov library to remove access to a long list of books, claiming that they have exclusive internet rights on the books. Among the authors in the list were authors who died in 1920s and 1930s e.g. Nikolay Gumilyov that were usually considered public domain in Russia. The rationale as explained by ''Kirill i Mefody'' was that victims of the political repression in the Soviet Union could not enjoy the copyright privileges before their official rehabilitation, thus, their heirs are entitled to offer ''Kirill i Mefody'' an exclusive rights in internet even after the legal 50 years after the author's death. Moshkov refused to honor the request and the lawsuit ensued. It was the first Russian lawsuit regarding the rights for internet distribution in Russia. The movements of KM were supported by the ''National Society for Digital Technologies'' (Национальное общество по цифровым технологиям (НОЦИТ)), a Russian organization for the promotion copyright in computer-related areas.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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