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Критерии наличия действительного и предполагаемого знания как условия привлечения к ответственности информационного посредника
The article is focused on the analysis of the existing knowledge standards for online intermediaries, as provided in the Article 1253.1 of the Civil Code of Russian Federation. Based on the comparison of foreign and Russian case law, various criteria are being considered, the presence of which may lead to a conclusion that online intermediary actually “knows” (actual knowledge) or “should have known” (constructive knowledge) about the infringement. The article also provides critical assessment of some cases, where the presence of constructive knowledge was found due to the discussions about the infringement occurred in public. From the author’s perspective such an approach imposes on the online intermediary an atypical obligation to monitor the Internet information space, resulting in censorship.