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Court orders to shut down Lithuanian torrent site and pay damages to Microsoft

„Linkomanijos“ byloje taškas dar nepadėtas.
Šarūno Mažeikos/BFL nuotr., „15min“ montažas / Linkomanija.net case
Šaltinis: BNS

A court has ordered Vilnius-based N5, a former owner of torrent site Linkomanija.net, and its director Kęstas Ermanas to pay 130,000 litas (EUR 37,700) to the US software giant Microsoft for copyright infringement. The company was also ordered to shut down the file-sharing site.

Vilnius Regional Court fully satisfied Microsoft's lawsuit, Judge Ona Gasiulytė told BNS.

"The suit has been fully satisfied. There were many demands, including shutting down the website and not using trademarks similar to Microsoft's," she said.

The decision can be appealed to a higher court.

Ermanas told BNS that N5 had transferred the administration of the website to Vitality International Investment in 2009. The company would study the court’s ruling before deciding whether to lodge an appeal.

“It’s too early to say now [whether the appeal will be filed],” he told BNS.

The court ruled that N5 and Ermanas should shut down the website and should stop using Microsoft-owned trademarks.

“As can be seen from the materials of the case, it were the respondents who initiated copyright infringements committed by the users of Linkomanijos Projektas, they had a full range of possibilities to control the users of the project, their content, they were aware about specific copyright infringements committed by the users and they had all possibilities to eliminate them whenever necessary,” the court said.

Microsoft said in its claim that the infringement of its rights was registered on 28 May 2009 when a bailiff stated that it was possible to download Microsoft Office 2007, Microsoft Office 2007 Enterprise, Microsoft Office 2003 Pro and other software packages from linkomanija.net using utorrent.

Microsoft filed the suit back in 2009 seeking 130,000 litas in damages for copyright infringement. The Business Software Alliance (BSA) then called it "an unprecedented case".

Lithuania's Code of Administrative Offences was amended in late July 2009 to provide for punishing not only those who upload pirated content, but also those who download it.

Naujienų agentūros BNS informaciją atgaminti visuomenės informavimo priemonėse bei interneto tinklalapiuose be raštiško UAB „BNS“ sutikimo draudžiama.
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