More work is proposed on piracy – Newspaper Kommersant No. 186 (7387) dated 10/07/2022
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The Ministry of Digital Development considered the bill of deputy Dmitry Kuznetsov on compulsory licensing of content, including software from “unfriendly” countries, to be unfinished. The initiative is also criticized by participants in the Russian software development market, who fear mirror measures from foreign companies.
“Kommersant” got acquainted with the letter of the Deputy Head of the Ministry of Digital Development Maxim Parshin to the State Duma deputy from the party “A Just Russia – For the Truth” Dmitry Kuznetsov dated September 26. In the document, Mr. Parshin criticizes Mr. Kuznetsov’s bill on compulsory licensing of content from “unfriendly” countries. According to it, Russian companies will be able to obtain through the courts inaccessible licenses for “film works, computer programs, music collections, literary and other works” of copyright holders who refuse direct sale (see “Kommersant” of August 19).
In particular, it follows from the letter that the Ministry of Digital Development sees the initiative as unfinished. From the text of the bill and the explanatory note it is not clear how the problem with the impossibility of fulfillment by Russian users of existing contractual obligations is being solved by introducing a mechanism for compulsory licensing of software from foreign copyright holders who have stopped technical support for their software and distribution of their licenses to consumers located on the territory of the Russian Federation, the letter says. The Ministry of Digital Transformation told Kommersant that proposals related to the terms of use of foreign software are “discussed with departments and representatives of the IT industry.”
After the start of the military operation in Ukraine, a number of foreign software developers refused to support and sell their products in Russia, including Microsoft, IBM, RedHat and others. After that, the government began to discuss the abolition of criminal and administrative liability for the use of pirated software.
Anatoly Semyonov, deputy head of the working group on work on the bill, considers the response of the Ministry of Digital Development “interim”. “The bill solves the legal issue of the legality of obtaining access to software, that is, the problem of obtaining licenses and fulfilling existing contractual obligations by Russian users,” Mr. Semenov said, adding that the draft does not concern the technical side of the issue.
The initiative of Mr. Kuznetsov caused a mixed reaction among the participants of the profile markets. The idea was supported by the Association of Cinema Owners. The initiative was sharply opposed by the Internet Video Association (which unites ivi, Okko, Start, etc.) (see Kommersant of September 8).
Permission to use foreign software does not automatically eliminate the risks associated with this, say developers interviewed by Kommersant. “Updates, improvements and support will not be provided by this bill,” emphasizes Factory5 CEO Denis Kasimov. The industry has a negative attitude towards this initiative, says the executive director of the Association of Computer and Information Technology Enterprises (APKIT) Nikolai Komlev: exist in market conditions, the copyrights of even companies that have left Russia must be respected.” He admits that if the norm is adopted, then a symmetrical answer is likely: “Foreign jurisdictions will do the same with respect to the products of Russian software developers, games and other content.” This, in his opinion, will hit Russian exports.
The main risk is that domestic developments will not be in demand and, accordingly, will not be developed, notes Nikita Andreyanov, technical director of Crosstech Solutions Group: “The customer will opt for unlicensed foreign solutions, rather than domestic ones.”
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