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Date: 9 months ago   Category: Law

The court has rejected the first action for damages because of attempts to block Telegram


The Investori company has assessed damages at 5 million rubles — because of "carpet blocking" of Roskomnadzor her clients couldn't come on the investment platform. Whether there are chances to achieve indemnification from other companies? Photo: Kirill Kukhmar / TASS Court has rejected the first action for damages because of blocking of Telegram. In April, 2018 in attempts to limit access to Telegram Roskomnadzor began to block in large quantities IP addresses of Amazon and Google hosting providers which the messenger used for a circumvention of blocking. It has led to interruptions in work of many third-party websites which used a hosting. Towards Roskomnadzor the young St. Petersburg company "Investori" tried to make the first shot — it isn't a year old yet. The creator and the CEO of the company — Alexander Vikharev, in the past the employee of Sberbank. He calls the service an alternative to classical mutual fund: it is a blockchain platform for collective investments into the commercial real estate. But because of "carpet blocking" of Roskomnadzor clients couldn't come on the platform, Vikharev claims: — As a result of the blocking arising with one of our adjacent services, by means of which users of our website had an opportunity to be qualified and make investments, this access they haven't got. Respectively, we began problems, attendance falling, the conflicts and other stories. All this has moved us to write the claim. — And why five million? — The sum consisted of two components: the settlement sum received from the missed benefit which we have lost because of leaving of clients, and a certain moral damage which the company had suffered as young which was positioned in the market. It was important to provide high-quality service which we couldn't provide owing to blocking for us. Lawyers initially noted that the submitted claim is similar to public relations more. And still decisions on the claim waited for other Russian companies which have lost by approximate estimates, one billion dollars when the authorities in fight against Telegram blocked foreign IP addresses. But here the position of Roskomnadzor sounded in court. The lawyer of department has noted that proofs of mass blocking of Internet resources because of restriction of access to Telegram haven't been submitted and it is known only from media. And "pointed blocking of addresses which are used by Telegram is technically impossible". The court has rejected the claim of the company. Whether means it, as the rest to have legal proceedings it is useless? Vladimir Yurasov the managing partner of the Moscow Bar "Yurasov, Larin and Partners" "I consider that it isn't a precedent, and other companies can try to fill the lost rights, the missed benefit which from the point of view of the Civil code is lawful and possible. The matter is that the court of the first instance is not an indicator. Moreover, the basis to the address on this category of disputes of other claimants can be other, the evidential base can be other". Investori and other companies have legal proceedings for the fact that their services have accidentally got under blow during fight against Telegram. From the point of view of world a pra

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