MOSCOW, August 29 - RAPSI. The Supreme Commercial Court has registered Pravda.Ru's repeat application to conduct a supervisory review of the court's refusal to grant its claim for a $37,290 recovery from RuTube for distributing Andrei Karaulov's film, "Khodorkovsky. Pipes/Corpses," the court told the Russian Legal Information Agency (RAPSI/rapsinews.com) Wednesday.
The court returned Pravda.Ru's application for a supervisory review on August 6, having found that the application had not been signed by the appropriate individual.
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 higher court.
The claims stem from the defendant's distribution of the film on its website on March 17.
Pravda.Ru maintains that it had exclusive rights to play and distribute the film, and that the defendant violated these rights. However, the court found that the plaintiff failed to prove that the defendant had infringed copyright.
Under the website's user agreement, the defendant removes online materials at its own discretion if there is reason to believe that they violate third party rights, interests, or applicable laws.
The film was removed from the defendant's website. Thus, the court dismissed the lawsuit due to a lack of evidence that the defendant had breached copyright.
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 up after the paper's sale.