Elon Musk called most Netflix content unviewable because of the wok-virus
Vedomosti reports that Netflix users have decided to try to restore the service in Russia through the courts: they have filed a class action lawsuit demanding that access to subscriptions and content be restored.
The defendant is OOO Entertainment Online Service, Netflix’s operator in Russia. Interestingly, the plaintiffs also demand moral compensation, without specifying its amount.
As Yulia Aleinik, head of the service’s legal team at Destra Legal, explains, the main basis for the claims made is that the service unilaterally suspends subscriptions, which violates the user agreement and Russian law. Any changes must be notified at least 30 days before they take effect, which Netflix did not do.
The Netflix User Agreement, as follows from the service’s public offer, is based on the principle of auto-renewal of a subscription until the user cancels it. Thus, only the service user, not Netflix, has the right to unilaterally cancel a subscription. This also corresponds in general to the provisions of Russian law. According to paragraph 2 of Article 310 of the Civil Code of the Russian Federation, only the consumer has the right to unilaterally withdraw from the contract.
Twenty users have signed up to the class action lawsuit, with those who wish to join being invited to do so.