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Moscow court refuses to block YouTube in Russia on the suit of Ontarget company

Ontarget’s claim deals with protection of exclusive rights to scientific materials: Five batteries of tests of abilities, Information analysis, Information interpretation, Working with clients, Working with information, Following instructions posted on YouTube.

MOSCOW, July 23. /TASS/. The Moscow city court have partially upheld the lawsuit of the Ontarget company, a Russian developer of HR-tests, against Google, but rejected the claim to block YouTube service in Russia, a TASS correspondent reported from the courtroom.

"[Herewith the court rules] to partially satisfy [the lawsuit] and to charge 6,000 rubles ($84) of administrative fee and 30,900 rubles ($439) for notary services," the judge announced.

The court also ordered the defendant, Google, to stop accessing the disputed video. The decision has not entered into force and can be appealed by the parties.

Before the start of the trial, the defendant asked the court to postpone the consideration of the case to the arbitration court, but the court saw no reason for this.

"I don’t understand why the defendant could not have removed the video while you were in the jury room," the plaintiff's representative noted.

"Six months have passed since the content was posted on the internet," the plaintiff called the defendant's behavior unscrupulous.

During the trial, the plaintiff supported the claims in court in full, and the defendant, in turn, did not recognize the claims.

"One third of all Internet users in the world use the YouTube service, which has 1 billion views per day around the world," a Google spokesman said, motivating a request that blocking the service was inappropriate.

During the investigation of the evidence, the video on the YouTube portal was not available, however, according to the plaintiff, on Thursday morning, it was still available on the hosting, which was confirmed by a notary. The third party, represented by an official of Russian telecommunications and mass media watchdog Roskomnadzor and Andrey Kurash, who posted the controversial material, did not attend the hearing, asking to consider the claim without them.

About claim

On Thursday, the Moscow City Court considered the lawsuit of LLC Ontarget against LLC Google. The plaintiff asked to restrict access to the site https://www.youtube.com on an ongoing basis in connection with the repeated and unlawful posting of information.

Ontarget’s claim deals with protection of exclusive rights to scientific materials: Five batteries of tests of abilities, Information analysis, Information interpretation, Working with clients, Working with information, Following instructions posted on YouTube.

In addition, the plaintiff asked to recover from the defendant monetary compensation in the amount of 10 mln rubles ($140,476) (compensation for violation of the exclusive right in the form of lost profits), as well as payment of court costs and state fees in the total amount of about 100,000 rubles ($1,404).

In 2018, the Moscow City Court upheld the Ontarget lawsuit against YouTube, in which the Russian company demanded to the service to block copyright-infringing publications.