The Constitutional Court (CC) will consider the complaint of programmer Anton Mamichev, who decided to challenge the refusal of the St. Petersburg City Court to pay compensation for the violation of his intellectual rights by the Swiss Veeam Software AG and its subsidiary Intervim LLC. Earlier, Mamichev was denied a lawsuit against a Swiss company that used the program he created, due to the fact that the programmer himself violated the terms of use of the open source code involved in it. . If the COP meets the requirements, this may cause changes in the Civil Code in favor of IT specialists working with open source, Kommersant reports.
On April 12, the Constitutional Court accepted for consideration the complaint of programmer Anton Mamichev for violation of his intellectual rights by the decision of the St. Petersburg City Court in the framework of the process against the Swiss Veeam Software AG (founded by Russians Andrey Baronov and Ratmir Timashev) in 2020.
Mr. Mamichev defended the intellectual rights to the eLearning Metadata Manager e—course content developer program, which, according to the plaintiff, was appropriated by the former employer – Intervim LLC and the Swiss Veeam Software AG controlling it.
In 2018, Mamichev filed a lawsuit for 43.8 million rubles against Intervim LLC and Veeam Software AG, the administrator of the domain hosting the controversial program, the hosting provider Amazon Technologies Inc. and the registrar of the domain name GoDaddy.com . He later waived the requirements for Amazon Technologies Inc. and GoDaddy.com , and the amount of the claim decreased to 27.6 million rubles. Primorsky District Court recovered 23 million rubles in favor of the programmer.