MOSCOW, April 16 - RAPSI. The Moscow District Federal Commercial Court validated the dismissal of Pravda.Ru's lawsuit to recover $40,500 in damages from RuTube for distributing Andrey Karaulov's film, "Khodorkovsky. Pipes/Corpses," the court told the Russian Legal Information Agency (RAPSI/rapsinews.ru) on Monday.
The Moscow Commercial Court dismissed the lawsuit on October 14, 2011. Later, the appeals instance validated the decision. However, Pravda.ru disputed the ruling in a cassation court.
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 that the plaintiff failed to prove the defendant infringed its copyrights. Under the user agreement, the defendant should remove online materials at its own discretion if there is reason to believe they violate 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 a lack of evidence that the defendant breached the copyrights .
Pravda.Ru is the founder of the online publication of the same name. It was established in 1999 by journalists who formerly worked for the Pravda daily when the editorial board split after the newspaper's sale.