“The principle of action of search engines: legal qualification” — article by Alexander Sergeev and Tatiana Tereshchenko for Arbitration disputes
The circulation of information, especially on the Internet, has recently become the object of close attention not only from the regulatory authorities, but also from the participants of the turnover. The development of technology and the digitalization of relations in general require a proper legal assessment of any actions carried out in the online space.
The lack of clarity in the regulation or the presence of gaps is hardly a sufficient reason for the presentation of unjustified claims to entities engaged in the creation and operation of search engines.
Law
Special practical interest in this sense are the search engines, the approach to the specifics of which is formed by practice rather than by specific rules of the laws. Often these search engines are the defendants according to the requirements of the protection of exclusive rights to objects of intellectual activity (for example, in disputes on the protection of the user content or to different databases hosted on the Internet sites, on the order of restricting access to information distributed in violation of copyright or related rights, and others) or according to the requirements about protection of business reputation from the dissemination of defamatory and false information.
In terms of effective law enforcement and the principle of legal economy, claims must be brought initially against the appropriate defendant.
This requires a clear understanding of the legal status of the relevant participant in the information environment. Thus, at present, the basis of regulation of relations arising in the exercise of the right to search, receive, transfer, manufacture and dissemination of information, the use of information technology and information security is the Federal law of 27.07.06 № 149-FZ "On information, information technology and information protection" (paragraph 1 of article 1) (hereinafter — the Law on information).
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