Prosecutor General’s Office has completed the prosecution and submitted to court a criminal case on behalf of the “torrent’ web site administrator, charged with infringement of copyright and related rights, announces the press service of the Prosecutor General’s Office.
According to the source, the Information Technology Division and Investigations of Crimes in Informatics Department of the Prosecutor General’s Office started this criminal case based on the appeal lodged by the Director of the Union of Producers of Phonograms and Videograms of the Republic of Moldova.
As a result, it was identified the place of location of the computer system hosting the “torrent” site, the administrator and its users, who created files of “torrent” type and provided free access to the public to download works protected by copyright or related rights.
From information received from the State Agency on Intellectual Property of the Republic of Moldova, the value of the infringed rights in the mentioned works amounts to 367 000 lei, that is extremely high damages.
According to the indictment prepared by prosecutors, the site administrator has scheduled, used and managed information systems intended for use of works over the Internet, performed, by means of software products, copying, loading, processing, classification, distribution, storage and publication of the “torrent” type files, publication of advertisements, exhibition of covers of works, thereby giving the opportunity of providing and displaying in unrestricted public access regime, putting into circulation, transferring with free title, exchanging, fixing on material media works that form the subject of copyright and related rights.
In accordance with the criminal case materials, by these actions the accused has contributed to a damage of 64,000 lei caused to holders of copyright and related rights.
Prosecutors informed that the actions of other users of this web site “torrent” are recognized as contravention, referred to in art. 96 of the Contravention Code, because the value of rights violated by each party is not in large proportions, i.e. it does not exceed the sum of 50,000 lei.
The criminal case will be examined by the Riscani District Court.
Also, the prosecution has established that through the same site were broadcast pornographic videos. Therefore, the prosecutors have filed a complaint against the administrator requesting the removal of the causes and conditions that have contributed to the infringement, the latter being sanctioned administratively.