Another example of a claim for the protection of business reputation:
05/20/09 No. 1–6–6 / 218
In the Moscow Arbitration Court
115191, Moscow, st. Bolshaya Tula, possession 17.
Claimant:
All-Russian public organization
Russian Copyright Society
Location:
123995 Moscow, st. B. Bronnaya, d. 6 A, p. 1.
Defendants:
1. Closed Joint-Stock Company
“Regional Network Information Center” Location; 125315, Moscow, Leningradsky Prospekt, 74, building. 4.
2. Milanina M ____________ A ________ vna Residence: 19034
Moscow. ***
Gos. fee: 4,000 rubles, of which: - 4,000 rubles - for non-property requirements (based on paragraph 10 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 20, 1999, No. 10).
Goodwill Claim
The All-Russian public organization “Russian Authors Society” (hereinafter also referred to as “Russian Authors Society” and “RAO”) is an organization for the management of rights on a collective basis in various areas of collective management.
From November 18, 2008 to March 11, 2009, the Internet www.antirao.ru was posted on the Internet, discrediting the business reputation of the Russian copyright society.
In accordance with paragraph 1 of Art. 152 of the Civil Code, paragraphs 7, 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.02.2005. No. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities)) (hereinafter - Resolution of the Plenum of the Armed Forces of the Russian Federation No. 3), the circumstances relevant to this category of cases are:
1. the fact that the defendant disseminated information about the plaintiff,
2. the defamatory nature of this information,
3. mismatch of their reality.
In this case, the plaintiff must prove the fact of dissemination of information by the person to whom the lawsuit is filed, as well as defaming the nature of this information. The responsibility to prove the conformity of the reality of the disseminated information lies with the defendant.
1. Regarding the fact of dissemination of information about the Claimant.
The fact of the dissemination of defamatory information by the person to whom the lawsuit is filed is confirmed by the attached protocol of inspection of the site www.resident.su/ru/antirao.html, compiled by the notary N. Totsky 03.03.2009g. in order to provide evidence (website www.resident.su/ru/antirao.html, contains information on the top-level domain zones RU and SU, including the owners of the sites).
The following data on the website www.antirao.ru are recorded in the specified protocol.
- owner: Marina A.Milanina
- phone: +7 ___________
- created: 04/07/2008
-Paid: 04/07/2009
- domain registrar: RUCEN-REG – RIPN
In accordance with paragraph 5 of the Decree of the RF Armed Forces No. 3, the appropriate defendants in claims for the protection of honor, dignity and business reputation are the authors of defamatory information that does not correspond to reality, as well as the persons who disseminated this information.
According to the Rules for the registration of domain names in the RU domain, approved by the Autonomous non-profit organization “Coordination Center for the National Internet Domain” (an organization that is the administrator of the RU top-level domain) (source: https://www.cctld.ru/ru/docs/archive_28 .php) (hereinafter referred to as “Domain Registration Rules”) a domain administrator is a user who administers a domain, i.e. determining the use of the domain; the user chooses the domain name on his own and is responsible for possible violations of the rights of third parties related to the selection and use of the domain name, and also bears the risk of losses associated with such violations.
According to paragraph 7 of the Resolution of the Plenum of the RF Armed Forces No. 3, the dissemination of information discrediting the honor and dignity of citizens or the business reputation of citizens and legal entities should be understood, including the dissemination of information on the Internet.
Thus, Milanina M _______ A _______ vna, as the administrator of the site www.antirao.ru, is the person who disseminated defamatory information about the Claimant posted on the specified site.
2. Concerning the discrediting nature of the information.
The following information discrediting the business reputation of the Claimant:
a) - domain name of the site www.antirao.ru
- words placed on the main and all other pages of this site: “AntiRAO.ru Music for shops and cafes to order”,
2.a. The domain name of the site www.antirao.ru contains two words made together in Latin letters: “anti” and “rao”.
That is, the words “anti” and “rao” are compared, logically and semantically identified in the domain name of the specified site, the word “rao” should be understood as the Russian copyright society. This conclusion follows from the content of the pages of this site, in particular, from the words located at the bottom of the main page of the site: “For any music that sounds in your restaurant (trading floor, store, etc.) you will have to make regular deductions to RAO "
Another domain name word “anti” has the following meaning:
- in the Explanatory Dictionary of the Russian Language S. I. Ozhegova, N. Yu. Shvedova, this word is defined as a prefix that forms nouns and adjectives with the meaning of opposites, hostility, orientation against whom, which is the same as unlawful ..., for example, anti-democratic, anti-artistic, anti-war, unsanitary, anti-people’s, anti-imperialist, anti-Soviet, anti-monopoly, anti-hero, anti-rocket, anti-icer, antioxidant.
- in the Dictionary of Russian synonyms and similarly meaningful expressions (author N. Abramov) This word is a derivational unit that forms adjectives with the value of a character, which is characterized by the opposite to the quality, called the motivating name by the adjective. The prefix “anti” contains the following synonyms: antibacterial, anti-enemy, anti-Hitler, anti-historical, anti-monarchical, anti-scientific, anti-social, anti-principle, anti-enlightenment, anti-religious, anti-fascist, anti-functional, anti-eczematous, etc.). (print edition: M .: Russian dictionaries, 1999; electronic version: “Literacy.ru”, 2002, https://www.gramota.ru/slovari).
According to paragraph 7 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 3 defamatory, in particular, are the information:
- on violation by a citizen or legal entity of the current legislation,
- about committing a dishonest act,
- about improper, unethical behavior in personal, social or political life.
- on dishonesty in the implementation of production, business and business activities,
- violation of business ethics or business customs.
It is quite obvious that the prefix “anti”, which means “hostility directed against someone, something”, covers the cases mentioned above in the Resolution of the Plenum of the RF Armed Forces No. 3.
Thus, the comparison in the domain name of the site www.antirao.ru of the prefix anti to the Russian copyright society, has the meaning of "hostility directed against someone, something" indicates the defaming nature of this domain name.
Linguistically, the domain name www.antirao.ru is tantamount to the statement "RAO carries out illegal activities and we must fight against it." This is confirmed, among other things, by the following statements: “For any music that sounds in your restaurant (trading floor, store, etc.) you will have to make regular deductions to the Russian Open Society .... We propose to ignore this system and save your money. ” Thus, it should be recognized that the information defaming the Claimant (domain www.antirao.ru) is disseminated in the form of a statement and can be checked for consistency with reality.
At the same time, the Respondent must prove that the Russian copyright society violates the current legislation and does not have the right to collect royalties in favor of authors and other rightholders, for which it must submit relevant court decisions that have entered into legal force or other acts of authorized bodies confirming these facts.
In accordance with Art. 12 of the Civil Code of the Russian Federation, the protection of civil rights is carried out by restoring the situation that existed before the violation of the law and suppression of actions that violate the right or create a threat of its violation.
3. Concerning non-material damage.
In accordance with paragraph 5, 7 of Art. 152 of the Civil Code of the Russian Federation, a citizen or legal entity in relation to whom information is discredited defaming business reputation has the right to demand compensation for losses and reputational damage caused by their distribution.
The legal entity’s right to compensation for non-material damage caused by the derogation of business reputation meets the fundamental principles of protecting personal non-property rights of citizens and legal entities and is recognized by the Constitutional Court of the Russian Federation (Decision of the Constitutional Court of the Russian Federation of 04.12.2003, No. 508 – O).
The Russian copyright society, in accordance with the charter, carries out copyright management activities on a collective basis, makes payments to the authors of the remuneration due to them, and protects the rights of authors.
The impeccable reputation of the Russian copyright society has developed over a long time (since 1993, when the Russian copyright society was created).
The information disseminated by the Respondent that is not true is aimed at creating a strong conviction among readers that:
- The Russian copyright society in collecting royalties acts by illegal methods,
- requirements of the Russian Authors Society directed to owners of cafes, shops, restaurants, etc. and other persons using the works regarding the payment of royalties are illegal, therefore they can and should be ignored.
Thus, this information undermines the credibility of the Russian copyright society, created over many years, and the credibility of it both on the part of authors and users of works.
The Russian copyright society determines the non-material (reputational) harm caused to it by the distribution by the Respondent of information that does not correspond to reality and discredits the plaintiff's business reputation in the amount of 300,000 (three hundred thousand) rubles.
4. Concerning the jurisdiction of this dispute.
According to Art. 33 of the Arbitration Procedure Code of the Russian Federation, cases of protecting business reputation in entrepreneurial and other economic activities are assigned to the jurisdiction of the arbitration court.
In accordance with clause 2.5.3. of the charter, the Russian author society, within the limits of its authority, concludes license agreements on the granting of rights to the appropriate ways of using copyright objects under the terms of a simple (non-exclusive) license and collects the remuneration stipulated by the agreements from users, enters into agreements on the payment of remuneration and collects remuneration under such agreements .
The statements referred to in Section 2 of this statement of claim that are not true affect the activities of the Russian Authors Society in collecting royalties, as well as in paying remuneration to authors, i.e. contain an assessment of the economic activity of RAO.
Thus, the present dispute is subordinate to the arbitration court.
Based on the foregoing, in accordance with Article.Article. 12, 152 of the Civil Code of the Russian Federation, Decree of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 No. 3, Article 4, 33, 125, 126 of the APK of the Russian Federation,
The Russian copyright society asks the arbitration court:
1. To declare that the following information is not true and defaming the business reputation of the Russian copyright society:
- The domain name of the site "www.antirao.ru".
2. To recover with Milanina M ___________ And _________ externally 300,000 (three hundred thousand) rubles in compensation for the non-material (reputation) damage caused by derogation of the plaintiff's business reputation.
3. To recover with Milanina M ___________ And _________ the costs of paying the state duty in the amount of 4,000 (four thousand) rubles.
Applications:
1. Evidence of the direction of this application and the documents attached to it to the persons participating in the case (originals).
2. Payment orders for payment of state duty (originals).
3. Protocol inspection site www.resident.su/ru/antirao.html, compiled by notary Totsky N. N. 03.03.2009g. (copy).
4. Protocol inspection site www.antirao.ru, compiled by a notary Totsky N. N. 03.03.2009g. (copy).
5. Protocol inspection site www.resident.su/ru/antirao.html compiled by a notary Totsky N. N. 11.11.2009g. (copy).
6. Protocol inspection site www.antirao.ru, compiled by a notary Totsky N. N. 03.03.2009g. (copy).
7. The charter of the Russian copyright society.
8. Protocol on the election of the General Director of RAO.
9. Certificate of state registration of radioactive waste.
General Director (signature, seal) S. S. Fedotov
May 20, 2009
(Source: https://www.netadvocate.org/node/683)