ESET development

History

The Ministry of Telecom and Mass Communications won court with ESET development

On October 18, 2016 the arbitration court of Moscow supported the decision of the Ministry of Telecom and Mass Communications of the Russian Federation which refused to include in the register of domestic software an anti-virus software of ESET Development LLC (ESET).

The court agreed with opinion of officials that the product of the company^[1] does not meet the requirements of the Russian register, in particular to point 5 of the existing rules (order of the Government of the Russian Federation No. 1236 of November 16, 2015 "About establishment of prohibition on the admission of the software coming from the foreign states for the purposes of implementation of purchases for ensuring the state and municipal needs").

The product of ESET Development LLC has no certificate for software development in which functions of confidential information protection are implemented, – it is explained in the message of the Ministry of Telecom and Mass Communications.

ESET do not agree with arguments of officials.

The Ministry of Telecom and Mass Communications considers that the anti-virus solution is an information security product, at the same time, irrespective of type of the protected information, activities of the company for production of such means – to licensing are subject to obligatory certification, and. However it contradicts the provisions of the law: the information security product is licensed and certified only if it is used for data protection of limited access. In other cases certification has a voluntary nature, activity is not subject to licensing, – the chief representative of ESET in Russia and the CIS Denis Mateev explained TAdviser.

The company confirms that it did not undergo certification and licensing. But, according to representatives of ESET, it is also not required as the product is not used for data protection of limited access.

In ESET will solve, to submit or not the appeal when study court's decision

In spite of the fact that officially the ESET development company is Russian (founders: Alexander Chachava – 75%, Marina Sokolova – 25%), in the statement the Ministry of Telecom and Mass Communications focuses attention on foreign roots of the enterprise. Department calls ESET development "subsidiary company of the Slovak producer of an anti-virus software".

According to the Minister of Telecom and Mass Communications Nikolay Nikifirov, the foreign companies regularly try to organize in Russia child structures, "to provide the products as Russian and to include them in the register". "At the same time the register of the domestic software is the instrument of the state support of Russian companies", - he says.

ESET are not ready to tell yet whether will submit the appeal: it will be solved after receive court's decision on hands, Denis Mateev explained.

Attempt to have legal proceedings from the Ministry of Telecom and Mass Communications

In the summer of 2016 ESET development took arbitration court of Moscow with the statement against the Ministry of Telecom and Mass Communications. Information on it is published in an online card file of arbitration court. The claim is connected with unwillingness of the Ministry of Telecom and Mass Communications to include protective software of the Slovak company Eset in the Russian Register of domestic software^[2].

According to the source, special discontent in the Russian representative office of Eset was caused by lack of official reaction of the Ministry of Telecom and Mass Communications (operator Reestr) to the request of ESET Development company about inclusion in Reestr as the domestic software "Complete anti-virus solution ESET. Though the application was submitted on January 13, 2016, and the normal term of its consideration takes about a month, the antivirus was not included in Reestr, but also the company did not receive official failure.

The source claims that the arbitration court will help ESET to receive the official answer from the ministry and, in case of the negative answer, an expert opinion. After that probably ESET will develop the plan of further actions.

At the Ministry of Telecom and Mass Communications the advisory body - Expert advice according to the Russian software, - performing preliminary consideration of requests for inclusion of software in the Register works. Representatives of the IT industry and the department, in particular, are its part.

The participant of Expert advice told CNews that the request of ESET Development was rejected at a stage of consideration by members of council: "The conclusion about compliance of software to criteria, stipulated in Item 5 Rules of maintaining the register of the Russian software, members of expert advice from the IT industry prepare. On this product the negative expert opinion was received. As well as in all similar cases it was brought up for the general vote of members of Expert advice on the Russian software which approved the decision on mismatch of the software product to the set criteria. It is the standard procedure which is undergone by all requests for inclusion of software products in the register allowed to consideration"

Request for recognition of an antivirus of Eset Russian product

On February 5, 2016 it became known that the software of ESET can be recognized Russian. The partner of the international developer of antiviruses of ESET working in Russia submitted the application for recognition of software to domestic.

According to Vedomosti, ESET development LLC suggested to include the product of complete anti-virus solution in the register of domestic software which conducts the Ministry of Telecom and Mass Communications. The corresponding request appeared on the register website.

Antiviruses of ESET want to make Russians

According to SPARK-Interfax, the ESET development company registered in August, 2015 for 75% Alexander Chachava owns, and the remained 25% belong to Marina Sokolova. The CEO of this Ltd company is Gennady Kurbatov.

Just the same structure of ownership and management at other Russian company — ISS distribution LLC which sells antiviruses of ESET NOD 32. It positions itself the international developer of the antivirus software with the headquarters in Slovakia and occupies, by its own estimates, about 30% of the Russian market of antivirus software.

As Alexander Chachava told the edition, on the international scene ESET works according to the scheme of technology partnership with the local companies instead of opening offices in this or that country. The same business model works in the Russian Federation: the Russian ESET belonging to private shareholders buys the rights to products of global ESET, Chachava noted.

According to him, the software according to which the application for placement in the register of software of the Russian origin is submitted contains licensed at global ESET technology, but the exclusive rights to an end product belong to the Russian legal entity. At the same time the total amount of payments abroad for the license agreement does not exceed 30% of annual revenues of the foreign owner of software of its implementation.^[3]

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