Agave

Assets

In assets of Agave:

• virtual hosting and own data center,
• advertizing and SEO agencies,
• banner networks,
• several large web projects.

History

"Agave" in the Russian IT market since 1998. During this time the small organization developing software to order grew in larger company.

2020: Accreditation cancellation

On April 21, 2020 it became known that accreditation of registrar AGAVA-hosting LLC is cancelled in connection with an exception of the terminated legal entity AGAVA-hosting LLC of the Unified State Register of Legal Entities.

Support of data on domain names which registrar was AGAVA-hosting LLC, according to paragraph 10.5 of Rules of registration of domain names in domains . RU and. The Russian Federation is performed by the Coordination center of domains. RU/.RF.

For administrators of domain names, support of data on which was performed by registrar which accreditation is cancelled, detailed information on restrictions for transactions with domain names and also on a transmission order of service of domain names is provided to the accredited registrars in the section to Site administrators of CC ^[1].

2011

On November 1, 2011 the presidium of the Supreme Arbitration Court (SAC) cancelled decisions of the courts of the previous instances which found Agava-soft hosting provider guilty of copyright violation. Before courts considered hosting provider guilty that one of the websites placed on the server rented at Agave published several photos, having violated the rights of their author. However the presidium of VAS considered these decisions of the courts illegal and cancelled them, having sent case for reconsideration in the first judicial authority. Besides, the presidium specified that the same approach should be applied and to determination of guilt of owners of social networks and file exchange Internet resources^[2].

The arbitration case was initiated in the claim of Top 7 company which on the basis of the agreement the author assigned the exclusive rights to 21 photos, including the rights to their reproduction and distribution in any manner.

A claim was submitted against the SoftKey company owning an Internet resource on which photos were placed without the consent of owners; the Dignata Media company which created the electronic version of the book where photos are published; and Agava-soft hosting provider on whose server the book was placed it.

The fact of the illegal publication was proved, and all three defendants are sentenced to a penalty on 10 thousand rubles everyone. However "Agave software" did not agree with this solution and tried to dispute them, but courts of appeal and cassation instances confirmed the decision on guilt of defendants, moreover, they increased the penalty size to 210 thousand rubles from everyone.

The presidium of VAS considered that at decision about guilt of hosting provider, the legal position of VAS stated in 2008 in the special resolution was not considered. According to this position, courts should consider extent of involvement of hosting provider in process of transfer, storages and information processing; its opportunity to control and change its contents. At the same time the provider does not bear responsibility for the transmitted data if he does not initiate its transfer, does not select the receiver of information, does not affect integrity of the transmitted data and also takes measures for prevention of use of objects of author's and other exclusive rights without the consent of the owner.

Courts therefore should at pronouncement of solutions to check whether restrictions of volume of the placed information and existence in the user agreement of an obligation of the user for a compliance with law at placement of content were set by provider. Courts should set also whether the provider declared whether to users the unconditional right to delete illegally placed content. The court also should estimate whether the provider took actions for removal of controversial content or for the termination of access for the violator to the website violator when obtaining the notification of the owner or from other sources about violation of its rights. If the provider did not take such actions ― he is guilty. If undertook ― that is not present.

In a case with "Agave software" the presidium of VAS took into account that the company on services of a hosting and service of filesharing included in the public offer prohibition to place materials with violation of the intellectual property rights. Besides, "Agave software" did not receive claims in connection with placement of controversial photos from the owner ― Top 7 companies - or from somebody else.

Therefore the presidium of VAS decided that reasons for responsibility "Agave software" for violation of the exclusive rights on the Internet were not available. "Agave software" the presidium cancelled the solution of the previous instances in the relation, having upheld recognition of other defendants by guilty persons.

Such court's decision has two important investigations. First, it is precedential, indicating courts how to apply earlier formulated legal position of the highest arbitration. Secondly, the presidium of VAS specified that the same principle of decision making can be applied at determination of degree of guilt in copyright violation and social networks and also the file exchange websites. It will help to make judicial proceedings on such affairs which became frequent recently, more uniform.

Notes