Fishing For Good Articles

"Baidu Library" event has created a hubbub. Baidu in many well-known writer and co-copyright collective management organization under the weight, while claiming more than 280 million copies have been removed without authorization document, but in this time of writing this article, Baidu library still has nearly 18 million claims copies of the document is being shared.

Half a month ago, I went about TV media wanted to attend a library Baidu is infringing on talk shows, I refused. The reason refused, reason is very simple. In my opinion, any infringement on the similar discussion of whether the site is an insult to the law!However, I am puzzled that the management practices related to the attitude of such leaders are merely "not a good business model." This is clearly a flagrant violation of copyright alleged crime, how to become a "not good" and "business model" out?

Copyright Law amended in 2001 gives the copyright owner, "Information Network Transmission Right." Under the "Copyright Law" Article X, the so-called "Right of Communication through Information Network" is "by wire or wireless means to provide the public works, so that the public may, in its time and place individually chosen to obtain the right to work." As to what exactly is "communication", in accordance with 1996 "World Intellectual Property Organization Copyright Treaty," Article 8 of the agreed statement explains that "the mere dissemination to promote or provide in-kind equipment and conditions will not constitute a" Berne Convention "sense spread. " To show that, in addition to "only provide physical facilities," but in the modern information network on the behavior of any one node of the Treaty and would constitute a "Berne Convention" in the sense of transmission.

However, in order not to spread to the normal network activities constitute obstacles to the 1998 America's "Digital Millennium Copyright Act," legislation in most countries represented are OK "spread an infringement" under the premise of the communication behavior of certain provisions of the waived or reduce the liability mechanism, the so-called "safe harbor" regime. However, the application of this system is has a very strict conditions, and violators can waive or reduce only the civil liability, but not all of the legal responsibility.

Far as "Baidu library" or similar in terms of communication behavior, to waive or reduce the liability claim, which must first establish a series of copyright protection system, that prompt and effective response mechanisms and human rights violations and shielding mechanism to delete information . After the establishment of the appropriate mechanisms, and only in that it does not know and had no reason to know that other people upload the information violated the rights of others cases, be possible to claim limitation of liability. As long as the situation has shown that the information uploaded by users infringe the rights of others there are great possibilities, it does not take positive, proactive preventive measures to avert or mitigate the loss of opportunities for legal liability. When it is deliberately induced, uncontrolled encourage users to upload copyrighted document, clearly there is no limitation of liability may be, shall assume full legal responsibility according to law.

Then the behavior of such communication should take what kind of legal responsibility? This should be both civil law and criminal law aspects.

From the civil law, said the special law as a civil copyright law has "the right to network dissemination of information" as an independent right to set down, so that the "spread" in the unauthorized act constitutes a separate violations, and thus do not need to be considered by the dissemination of copies of works stored in where more done without regard to who initiated the spread of copy or, all those involved in the spread are independent of the violations, should be independently responsible for all of the civil law responsibility.

From the criminal law that because the Criminal Code was promulgated in 1997 there is no copyright law on the "Right of Communication through Information Network", which is not found in the Criminal Code provisions for violations of the terms of the right of communication constitute a crime. But in 2004 the Supreme People's Procuratorate, Supreme People's Court "on Handling Criminal Cases of IPR Issues in the interpretation of application of the law," Article XI has made it clear, through the information network communication to the public other written works, music, film, television, video works , computer software and other works of the behavior, should be considered under ????? seventeen "to reproduce and distribute."

"Criminal" two hundred and seventeenth article in order to profit, one of the following copyright infringement cases, the larger the amount of illegal gains or other serious circumstances, imprisonment or criminal detention, and impose a fine or Gold; amount of illegal gains is huge or other especially serious circumstances, three to seven years imprisonment and a fine:

(A) without the permission of the copyright, copy and distribute written, musical, film, television, video works, computer software and other works;

(B) another person the exclusive right of publication of a book;

(C) production of audio and video recording without permission, reproduce and distribute the video recording;

(D) producing or selling fake works of art where the signature.

Judicial interpretation of the two high specific provision is Article V, for commercial purposes, listed in the implementation of ????? seventeen acts of copyright infringement, the amount of illegal gains fifteen million yuan, is "a huge amount of illegal gains" ; one of the following circumstances, as "there are other especially serious circumstances," the crime of copyright infringement should be sentenced to three years to seven years in prison and a fine:

(A) the amount of illegal business twenty-five million yuan or more;

(B) without the permission of the copyright, copy and distribute written, musical, film, television, video works, computer software and other works, the total number of copies in the five thousand (copies) above;

(C) the case of other especially serious circumstances.

We can see from the above law, the non-network environment, was determined to 5,000 copies of "there are other especially serious circumstances." In the network environment, each network access will constitute a communication, and time and time again in the multiple nodes constitute a complete "copy." This means that as long as more than 5,000 people have been reached or the network traffic, illegal communicators that term shall bear the high criminal sanctions. Of course, whether in criminal law enforcement process will be complete analogy for the copy network access, but also the further consideration of judicial practice.