Copyright in Russia and Ukraine

I want to ask a question about copyright in Russia and Ukraine.

For example, in Ukraine there is a presumption of authorship. I.e. in virtue of part 1 of article 11 law of Ukraine "On copyright and related rights" in the absence of proof to the contrary, the author is the person indicated as the author on the original or copy of the work (presumption of authorship).
Ie if a plagiarist has published my article (or my (C) copyrights) with the signature that I, the author, without my consent, by writing to the provider, he is obliged to remove this content? Due to the fact that copyright owners ' web sites is the rights to the content of the website, its software and other copyright material published on it (articles, images)?
And how Affairs with it in Russia?

, How to remove, FOR example, with my copyright from the site of a thief who sells it, not even changing copyrights but tells my website as a demo of the product without having a contract with me. (i.e. the memory in Accordance with part 1 of article 32 the use of the work by any person shall be allowed solely on the basis of author's contract.) (and it already seems criminal liability?)
October 3rd 19 at 02:35
3 answers
October 3rd 19 at 02:37
I do not give, but might come across on your thoughts.

According to article 1261 of part 4 of the civil code "the copyright of all the types of computer programs (including operating systems and program complexes) which can be expressed in any language and in any form,
including source code and object code, are protected the same way as copyright in works of literature.", and according to paragraph 4 of article 1256 "provision on the territory of the Russian Federation of the protection of works in accordance with international treaties of the Russian Federation [...]".
Ie, as I understand it, it is necessary to dig towards m/n contracts. Here I can advise is that the website of the WIPO (world intellectual property organization), surely somewhere there must be a link to m/n contracts (but not the fact!). And, I think, important here is:
— any citizen of the country you are;
— a citizen of a country is a thief.
— where there was a copyright infringement (and how to define a state? I do what little I understand, because there are areas .ru, .ua .com and, but the server is in the US?).
Perhaps it is interesting the fact that from July 3, 2013 in Russia started its work the Court for Intellectual property Rights (SIP). By the way, on their website you can search for information on your question.
About m/n cooperation on the website of Rospatent. - shayna.Emard5 commented on October 3rd 19 at 02:40
And if the site the thief and the website of the author in one country and they live in the same country. But... some bad providers begin to demand a court decision or a piece of paper about the authorship.

I have the feeling that they don't know the rules DD. I.e. for red, they say, and where the piece of paper that is burned red, although the witnesses rife and all recorded on video.

Ie is clearly written in the law part 1 of article 11 law of Ukraine "On copyright and related rights" in the absence of proof to the contrary, the author is the person indicated as the author on the original or copy of the work (presumption of authorship).
In are all (C) copyrights and links to the author's site. I understand that not knowing the law is no excuse, but how to get the ISP to follow the law. After all the evidence of authorship to the person ((C) not even changed to the site the thief and the links to the author's site) - alta_Cormier31 commented on October 3rd 19 at 02:43
Yes Rospatent still the same organization, they give money, judging by their logic, every article on the site is necessary to protect paper copyright or patent :) Although the law is clear: the author is the person indicated as the author on the original or copy of the work. (I mean, with articles signed by the author, but not stupid kommunisten and signed by the thief) - alta_Cormier31 commented on October 3rd 19 at 02:46
It you are to the providers requested to deal with a thief or they without your require a piece of paper?
And still: you Russia or Ukraine is interested in? I live in Russia, and about Ukraine in General are not aware of. - shayna.Emard5 commented on October 3rd 19 at 02:49
Addressed to the provider, provided evidence of authorship section 1 of article 11 law of Ukraine "On copyright and related rights". Answer: "give me a piece of paper". We have your requirements conveyed to the user sort it out themselves. Is this normal? - alta_Cormier31 commented on October 3rd 19 at 02:52
The idea is not normal. They either just lazy, or they simply are not familiar with these copyrights and I am afraid that will be extreme, and therefore (and most likely it is the decision of the authorities with primeval views, which all need a piece of paper) they require a piece of paper.
What actions you can take (in my opinion). To go to court, try to reason with the provider or you... in the patent office (or how) are issued security documents of the computer program?
By the way, you how to provider addressed? Called? By e-mail? - shayna.Emard5 commented on October 3rd 19 at 02:55
The module is then deleted, the author has removed (probably I provider according to the principle: "not for any [censored you know]], so cuddle" — "I want to kiss" was "kiss" the thief, he just decided not to get involved, but the behavior of the provider I did not like. The evidence in the face, and this is a small rural service provider (that is "rural" by geo. the status of the office)) just started otmorozitsya. It is clear that if it were not deleted, just written statement to the court there for an hour, let them would have called him, understood, he would have more money then spent on petrol and lawyers, than took over the hosting of the user, and so There it was, the evidence in the face, would have forced.
Here is how this "frostbite" to fight?
By the way, that like the big providers, they don't really care much for thieves. Wrote the thief a petition to remove or disable the "light" and all. But the little which each client its weight in gold, these "frostbite".
The appeal was via ticket ID support provider, with copies by email of course. - alta_Cormier31 commented on October 3rd 19 at 02:58
Here is how this "frostbite" to fight?

They either get used to it. It is in the case that precedents will be many.
Either you need to find a "big" provider that does not have this disadvantage.
Or to deal with the paper (but I don't know how things are with you from the paper on computer program, you still haven't answered). - shayna.Emard5 commented on October 3rd 19 at 03:01
October 3rd 19 at 02:39
I can't speak for Ukraine, but in the General case, as the author, looking for the owner of the site, and angrily write him as the author, demanding to stop the violation of their property rights. Does not help — at the whois search for the host (or ISP if the website is not for hosting) and write to him abuse to pirated content hosted on the server with this ip address: if hosting any civilized, the site or the server might be cut off from the network. The punishment of the author is much more difficult: I don't know how Ukraine and in the Russian civil law the burden of proof is on the plaintiff. Prove also have a lot of: that the violator of rights is such that he was placed in violation and received money for it (and for a criminal case to collect the USD to a certain size, otherwise grounds will not be the case).
October 3rd 19 at 02:41
Despite the existing legislation both Ukrainian and Russian, which seems to be, and provides for sanctions for such offenders, proving it would be quite difficult. And hardly possible without the involvement of professional lawyers in intellectual property and copyright. That in itself is a costly and time-consuming procedure. That is, you need to understand is the game worth the candle. However, like in Russia in this sphere is facilitating the process - published a billrelating to the block web sites that contain pirated content. According to this, it is possible that soon the truth will prevail in more rapid and easy mode. But again, you know, theory and practice in our countries sozhet radically different.

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