Penalty for six months, which must be paid by Google in the lawsuit of "Tsargrad TV".
According to the Russian edition of Forbes, the arbitration court refused Google's request of the company's lawyers to suspend the accrual of progressive forfeit on the claim of Tsargrada TV during the consideration of the cassation appeal against the court decision, according to which YouTube must completely unblock the Tsargrad TV channel "and return all subscribers to it and all monetization.
The American company began the process of unblocking the YouTube channel by the decision of a Russian court. Google disagrees with the progressive legal forfeit in the lawsuit, which in a year and a half will exceed the volume of all the world's wealth.
Google asked the court to stop the process of calculating the forfeit while the current complaint is being considered. The company's lawyers estimated that in 14 months it would be equal to all Russian rubles in circulation, and then in another month it would exceed all available money in the world.
Google told the court that the current forfeit, which amounted to more than 134 million rubles in two months, was already four times higher than the average annual revenue of the owners of Tsargrad TV, which was 36 million rubles. Moreover, Google has evidence that the blocking of this YouTube channel did not lead to financial losses of the TV channel.
The arbitral tribunal rejected all of these clarifications and Google's clarifications regarding the forfeit. In the last definition for a progressive penalty, it is explained that it cannot exceed 1 billion rubles in 9 months, but then this restriction will cease to work - it will not have any maximum total amount of judicial forfeit, up to infinity.
In July 2020, YouTube blocked the account of the Tsargrad channel for violating the rules of the service.
On April 13, 2021, the Moscow Arbitration Court ordered Google to restore the Constantinople account on YouTube at the TV channel's claim, as well as pay its owner a penalty in the amount of funds lost for monetizing content. Then Google was given 5 days to execute the court decision. After the expiration of this period, for each subsequent day of non-execution of the judicial act, the company must pay a forfeit in the amount of 100 thousand rubles, starting from the sixth day from the date of entry into force of the judicial act, and until its actual execution, with the condition of a weekly increase in the amount of daily calculated judicial forfeit in twice. In fact, in a year, this amount should be more than 100 trillion rubles, which is about the capitalization of Alphabet, which owns Google.
At the end of May, Google appealed the decision of the Russian court to restore the account of the TV channel "Tsargrad" on YouTube, which had been blocked by the service due to US sanctions. Google considered that "the decision of the first instance court does not take into account the previous established logic of decisions of many Russian courts and provides for a fine disproportionate to the case at hand."
On November 16, 2021, the Moscow City Court denied Google an appeal on the claims of the Tsargrad TV channel. Google must unblock Tsargrad's YouTube account by the end of the year, or the service may face administrative sanctions, including blocking in the Russian Federation. In mid-December, Google lost to the Tsargrad TV channel in the court of appeal over this claim.
On December 17, Google unblocked the Tsargrad TV channel on YouTube, allegedly previously completely deleted irrevocably (according to the company's lawyers in court). The company opened only a part of the videos previously posted on this channel to users there. Also, at that time, Google did not return access to its management back to the owners of the channel, they cannot publish new videos there and monetize content. Now new videos have begun to appear on the channel.
bbabo.Net