Divan TV to challenge seizure of servers, PCs by law enforcers in court
KYIV. Sept 21 (Interfax-Ukraine) - Divan.TV multimedia television service plans to file a claim to court demanding the return of two servers and 20 units of computer equipment seized by officers of the Interior Ministry during a search, the founder of the service, Head of the Ukrainian Venture Capital and Private Equity Association (UVCA), and founder of Divan.TV Andriy Kolodiuk said at a press conference at Interfax-Ukraine on September 18.
He said that on September 17, law enforcers came to the company and started a search under a ruling of Darnytsia district court and the claim of citizen Mykhailov, who allegedly heads the anti-piracy committee. In his address, he alleged that the Divan.TV service rebroadcasts television HD Kino 100 in the Russian language, which rebroadcasts content that violates copyright of holders whose interests are represented by Mykhailov. In particular, this concerns Disney, Paramount, 20th Century Fox, and others.
Kolodiuk said that Mykhailov did not apply to Divan.TV with a request to protect his rights. At present, the company currently has no litigation with any of the copyright holders (apart from a claim against Media Group Ukraine, which does not concern copyright, but the protection of business reputation).
During the search conducted in the office of Divan.TV and in the office of the hosting provider, the police seized two servers and 18 laptops, which actually paralyzed the operation of the company. Only equipment was seized, and there were no requests to present any documents.
"We don't see here fighting against piracy, it is likely fighting against Divan TV. Their goal is blocking the operation of the service," Divan TV Director Arkadiy Kaniuka said. At present, the company's subscribers have access to 150 out of 200 TV channels, and losses incurred by breaks in the operation of the service would be refunded to the clients.
The company's lawyer Yaroslav Kuts said that the case to protect copyright was opened in court on June 3, 2015, and no request on the case arrived within three months. The lawyers said that law-enforcers seized the wrong servers and are now in a hurry to receive a permit for the servers that have been seized. The proof of this is the fact that the server that rebroadcasts HD Kino 100 was left in the company and it is available for subscribers.
Divan TV could file a claim to court, which under Ukrainian law is to consider it during 10 days.
"We demand the return of the equipment in the shortest [possible] terms and resume the operation of the company," Kolodiuk said.
He called on all market players to pay attention to this dangerous precedent and focus on settling the issue.
Kolodiuk asked the National Council for Television and Radio Broadcasting to satisfy the company’s desire to become a full-valued television provider and issue the license to the company.