Sherstoboeva Associate Professor of the Department of Media

[[email protected]]

Elena Sherstoboeva, a lawyer in the entertainment industry, suggests that it will be difficult to ban the program itself, but it is quite possible to limit the distribution of content through Telegram.

Main_11264010_10200413722462634_8418411994164780833_n
Elena
HSE University
"Bots are not prohibited by law. A bot is a program, and if this program is used to distribute legal content, then it can work.
<p>The problem is that it is extremely difficult to find out who is operating list of azerbaijan cell phone numbers this bot, who is using it illegally, due to the specifics of the Internet. But if a program distributes illegal content, then it is not the program (bot) that should be banned, but the distribution of the content"</p>

At the same time, in the case of Flibusta, there is a violation of intellectual property rights, since the bot, in response to the user’s request, sends a copy of the literary work in electronic form.

In this case, Telegram acts as a means of interaction between the end user and the program (bot), and from the point of view of Russian legislation, it acts as an information intermediary that is responsible for pirated content if there is guilt.

Information intermediary
Anton Gogolev from Gaffer & Gaffer believes that Telegram, according to the 2013 anti-piracy law, acts as an information intermediary, but the prospects of bringing the service to court are still unclear. The logic of the legislator is that the path of a work from the author to the user can be determined either by the author himself or by someone with his consent.

A person who creates such a path or "wedges" into it without the knowledge and/or consent of the author, accordingly, violates the law. The "anti-piracy" law of 2013 introduced a new subject of law - an information intermediary, a person who transmits, provides the opportunity to place content, as well as a person who gives access to the material in this network.

In this way, many copyright holders managed to block popular Internet resources. According to Anton Gogolev, people using bots in the Telegram messenger are also information intermediaries.