It is not entirely clear, however, what they mean by “essential” film, music album, or TV program as defined in the law…
Alyaksandr Lukashenka (we didn’t use the Russian spelling!) on January 3 enacted a law, effectively permitting piracy if it concerns content that develops the intellectual, spiritual and moral potential of society, and thus software, movies and music can be downloaded without the permission of the rights holders if they come from “unfriendly countries that commit unfriendly actions” against Belarus, and if they are “essential for the domestic market.”
It is not clear from this definition what is considered essential, nor is it mentioned in the law. It probably includes the Windows operating system, perhaps Office, which is also by Microsoft or Adobe products. As for films, music, and games, who knows what fits in. (Games could be put in the software category, but beyond that, it is again unclear what is a good example and what is still prohibited!)
It does not mean that everyone is free to download everything (for example, a game that cannot be bought digitally and is rarely available on disc is technically abandonware, but that’s another story… ) because people and companies using pirated content will have to pay into Belarusian bank accounts of the country’s patent authority. The rights holders can claim their money from the country’s government within three years, and the state will own the funds if they request it too late.
Okay, let’s assume that everyone declares pirated content, pays, and the government responds honestly and quickly to the right holders. The Belarusian Council of Ministers decides the actual amount, and it can deduct up to 20% within the limits of the law before it is paid out, making the application complicated and bureaucratic. Maybe that is their aim, but there is another tricky thing: it has become legal to import “essential” goods into the country without the permission of the relevant right holders, and it affects any country…
The law remains in force until December 31, 2024, but there is a good chance that this will be extended.
Source: PCGamer
Leave a Reply