1. Information network infringements stipulated in the "Regulations"

The vast majority of information content spread on the Internet is protected by copyright.

Network communication must be based on respecting the copyrights of others. Online copyright protection not only protects the legitimate rights and interests of copyright owners, but also helps regulate the order of Internet communication. In Paragraphs 2 to 6 of Article 18 of the Regulations, the information network infringement acts stipulated in Article 19 are:

(1) Providing other people’s works, performances, etc. to the public without authorization through information networks

Audio and video recordings.

(2) Providing other people's works, performances, audio and video

products through information networks to obtain economic benefits.

(3) Deliberately avoiding or destroying technical measures.

(4) Intentionally manufacturing, importing or providing to others devices or components mainly used to avoid or destroy technical measures, or intentionally providing technical services for others to avoid or destroy technical measures.

(5) Deliberately delete or change the electronic rights management information of works, performances, audio and video products provided to the public through information networks

, or provide to the public through information networks knowingly or You should be aware that works, performances, and audio and video recordings whose electronic rights management information has been deleted or altered without the permission of the rights holder.

(6) Providing works,

performances, and audio and video products to rural areas through information networks for poverty alleviation without announcing them before providing them, or exceeding the prescribed scope, or failing to comply with the announcements payment of remuneration according to the standard, or failure to immediately delete works, performances, audio and video recordings after the right holder does not agree to provide them;

(7) Providing other people’s works, performances, audio and video recordings through information networks

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Products without specifying the name of the work, performance, audio or video product, or the name of the author, performer, or audio and video producer, or failing to pay remuneration, or failing to take technical measures to prevent service in accordance with the provisions of these regulations Others other than the target obtain the works, performances, audio and video recordings of others, or fail to prevent the copying behavior of the service target from causing substantial damage to the interests of the right holder.

2. Common information network infringements

1. Free downloading of illegal MP3 music.

MP3 is a new type of electronic product that plays audio files. It has large capacity and small weight. It is widely used in network audio. The website provides users with music download, audition and collection services (most of which are not authorized). , Internet users can download, listen to and collect their favorite songs and music at will with just a click of the mouse, which has changed the traditional way of obtaining music, has had an impact on the music industry and the recording industry, and triggered lawsuits against the website by record companies.

In October 2003, the Chengdu Intermediate Court ruled in the first instance that the three major record companies, led by Warner, won the lawsuit against Tianhu Music Network for infringement. In 2004, "Music Extreme Network" provided the public with download services for 35 songs sung by Kelly Chen and 11 songs sung by Lu Qiaoyin. Hong Kong Zhengdong Company, which enjoyed the rights of the producer of the above musical works, took the case to court. The court first instance The defendant was ordered to compensate Zhengdong Company 100,000 yuan. (Wang Ling, "China News and Publishing News" on September 15, 2005: "How many infringement lawsuits are there in online publishing?") This type of infringement infringes on the copyright of the lyrics and composer of the musical works, as well as the singers, performers, and music Neighboring rights of producers, audio and video companies, and record companies (i.e. rights of performers and audio and video producers related to copyright).

2. Unauthorized and fake authorized movie downloads.

It is common to provide commercial download services of the entire video without the authorization of the rights holder and without paying any compensation, including paid downloads and free downloads.

The website's words like "Watch free movies every day" make people excited. The rich content of movies provided for download, the amazing update speed, and the convenience of download technology are jaw-dropping. Some of the movies have not even been screened in cinemas and are already all over the Internet. , causing the film's box office to decline, and film producers and distribution companies to suffer heavy losses. They had to take various measures to take precautions when the film was released, as if they were faced with a formidable enemy.

The Hong Kong film industry has responded to illegal downloading of movies online. The preparatory team of the "Film Industry Response Team" launched civil lawsuits against infringers who illegally downloaded movies online. In May this year, they successfully applied for a court order and obtained the cooperation of network providers to collect information on 42 infringers. . The response team issued a warning letter and a letter of commitment to the relevant infringers through lawyers. If the other party is willing to sign a commitment letter and will no longer participate in illegal uploading and downloading of movies and bear more than 23,000 yuan in legal fees, the team will not take further action. If the infringer refuses the relevant request, the industry will civilly prosecute the infringer. It is understood that the amount of compensation claimed is at least 100,000 yuan. The three Lunar New Year movies that were infringed include "Fearless", "My Favorite Woman Shopaholic" and "Springfield Flowers Alumni Reunion". Group spokesman Zhuang Cheng said that due to illegal online infringement, the overall box office loss in 2005 was as high as 200 million yuan. Asking the infringers for compensation is just to have a deterrent effect, but it is far from making up for the losses of the film companies. The compensation amount of more than 23,000 yuan is calculated based on similar situations in other foreign countries, which are about 3,000 US dollars. Zhuang Cheng said that the film industry has prepared no more than 5 million for relevant actions. "The legal fees and administrative costs involved are very huge. We (the film industry) are very determined because it is a matter of life and death for us." Shooting Li Yulan, the representative of Anle Films for "Fearless Fearless" said, "The production of "Fearless Fearless" reached US$30 million. The box office in Hong Kong and Mainland China alone was not enough to recover the cost, so we had to rely on foreign film companies to buy the copyright. Illegal downloading and piracy The problem is serious, many film companies will 'lower the price', and in the end they can only receive 1/10, making it impossible for the company to invest in the next movie. "(China News Network reporter Xu Shaohui, 2006, 8, 16)

Most websites that provide movie downloads are not authorized. Especially for some foreign blockbuster movies, manufacturers generally do not authorize them to small domestic Internet companies. The Sichuan Provincial Copyright Administration investigated and dealt with a case last year of a website providing movie downloads. The website paid royalties to a company in Beijing that claimed to be authorized. It was later proven that the Beijing company was fake.

Due to the advent of new generation downloading software such as BT and P2P, downloading movies has become more convenient, more covert and more difficult to trace. Movie producers are constantly busy suing the tracking server companies that provide these software. However, the old accused websites are closed down and new websites have emerged. This is a problem faced by network operations, network justice and supervision.

3. Download software without the permission of the rights holder.

Search for software download websites in search engines, and you will find all kinds of software: operating systems, anti-virus software, graphic design, audio tools... Just like downloading other works, you can do it with just a click of the mouse. For the encryption of genuine software, the website will provide a decrypted version, and even an upgraded version like the genuine software. Most of them are not authorized, there is no cost for uploading, there is no charge for downloading, and the software vendors do not get a penny. It seems to have nothing to do with the rights holder of the work. In fact, a mature software product requires a long period of manpower, material resources and a large amount of resources to develop and undergo rigorous testing before it can enter the market. The use of pirated software has squeezed out the market share of genuine software, depriving software copyright holders (mostly software investors and developers) of corresponding returns, causing huge losses to software manufacturers, and dampening their enthusiasm for investment and development. In the long run, software products will Lack of competitiveness will ultimately hinder the development of the national software industry.

4. Unauthorized mobile ring tones and ringtone services.

Ringtone and ringtone services are digital music service providers that provide content to websites or telecommunications departments, and allow mobile phone customers to download it through channels such as the Internet or mobile phones.

It is understood that China Mobile Communications Company has 300 million mobile phone users. By the end of 2004, China Mobile had more than 40 million ring-tone users. The monthly ring-tone information fees China Mobile settles with digital music content providers are as high as 40 million yuan. Huge profits have attracted online piracy. A well-known search engine website was sued for providing links to music downloads and was found guilty of infringement. Three domestic websites provided free downloads of song ring tones without authorization, which brought the legal downloads of the entertainment base website to a standstill. Wu Duanping, the chief architect of the entertainment base website, said that "the operating cost loss alone was as high as 30 million yuan." The three websites were each claimed 5 million yuan. Yuan, which is the largest online song copyright infringement case in China.

5. Online games.

The most typical ones are "private servers" and "plug-ins", that is, setting up servers privately for operation, linking other people's copyrighted Internet games, and providing download services for other people's copyrighted game software, which damages the game software. Manufacturer's copyright.

6. Search engine software disputes.

This type of infringement is caused by different technologies or limited computer resources, and is manifested in blocking, deleting or modifying other people's software. For example, China Search, Sohu, and Baidu sued Everest Network Technology Co., Ltd. for "8848" infringement. The three websites claimed that in December 2004, after the software plug-in developed by 8848 was installed by Internet users, when they logged in to other websites to search for information, the pages of major search engines would be modified, and pictures, advertisements and other search engines inserted by 8848 would appear. link, thereby accusing 8848 of infringing its software copyright and constituting unfair competition. At present, there will be more and more such disputes, and the litigation targets are also getting higher and higher.

7. Use the Internet to publish business information and operate through mail and other forms.

Infringing and pirated products. For example, downloading movies, television, music, literary works, audio and video recordings, software, etc. from the website, illegally burning them into discs according to the needs, and delivering them to your door.

8. Digitize text works without authorization and provide online reading and downloading for a fee.

According to data from the "Fourth National National Reading Survey" released in April this year, my country's national traditional book reading rate has continued to decline for six consecutive years since 1999. On the contrary, the online reading rate has grown rapidly. The proportion of people in my country who have online reading habits has increased by an average of 40% per year in the past six years (see the "Fourth National National Reading Survey Report" published by the China Publishing Science Institute). Online reading has become an important online activity. It is common for websites to digitize other people's novels, poems and other literary works, papers, etc., and then provide paid reading online. This is the manifestation of traditional copyright infringement on the Internet. Most of the earliest online infringement lawsuits in China were concentrated in this field. For example: in 1999, six writers sued Century Internet; in 2002, Peking University jurist Chen Xingliang sued the National Digital Library; in 2003, several university journals sued Chongqing VIP Company; in 2004, the Beijing Chinese "Online Anti-Piracy Alliance" sued Silicon Valley Dynamics, etc. This type of infringement violates the copyright of the author and the exclusive rights of the publisher and journal.

9. Mobile e-book download.

The earliest e-books required a handheld reading device to be read online. With the development of information technology, hardware equipment (mobile phones), and the expansion of wireless communication services, mobile phone reading has become another more convenient way to obtain information. People refer to digitized books as "ebooks". Users can download digital works to their mobile phones for reading through the Internet or mobile phones. Although such cases of copyright infringement of mobile phone wireless communication networks are relatively rare, because our country is a big waste of networks and mobile phones, this new form of copyright infringement should be paid more attention to and publicized.

Recently, the Beijing Chinese "Online Anti-Piracy Alliance" filed the country's first wireless network-mobile reading lawsuit. Chinese Online has sued two companies in court for disseminating Bi Shumin's works on the mobile portal to provide users with The defendant was required to pay 530,000 yuan in compensation for the loss of online reading of Chinese Online's copyrighted works, which infringed upon Chinese Online's information network dissemination rights. Previously, Chinese Online signed a licensing agreement with the famous writer Bi Shumin (see "The first wireless communication network copyright case surfaced" in the third edition of "China Intellectual Property News" on July 21, 2006).

10. Change the web design of other websites and adopt it as your own.

With the development of the Internet, competition among website operators has intensified, and original web design will also be infringed, but people are not aware that this is also a work protected by copyright. Such as the "Ruide Online" web page case. Ruide Company believed that Oriental Information Company's homepage almost copied the homepage of "Ruide Online" in terms of overall layout, color, pattern, column settings, column titles, copywriting, use of drop-down menus, etc., and sued it for copyright infringement. Go to court. The Beijing Haidian District People's Court held that the Ruide homepage should be regarded as a work protected by copyright law. The court ordered Oriental Information Company to compensate Ruide Company for economic losses of 2,000 yuan.

3. Responsibilities

On August 3, 2006, Yan Xiaohong, deputy director of the National Copyright Administration, pointed out in an exclusive interview with China Government Network: The problem of infringement and piracy on the Internet is still considerable Seriously. He said that the current Internet is a huge industry and is developing very fast. Its transmission content is massive, which makes it very difficult to obtain authorization. It is indeed a new challenge for Internet companies to obtain authorization from the right holder. But in terms of legal provisions, virtual space is consistent with our real life (see "Chinese Government Network").

Paragraph 1 of Article 18 and Article 19 of the Regulations stipulate that information network infringements shall bear corresponding civil, administrative and criminal liabilities.

(1) Civil liability.

Stop the infringement, eliminate the impact, apologize, and compensate for losses.

(2) Administrative responsibilities.

1. Order the infringement to cease, confiscate the illegal gains, and impose a fine of less than 100,000 yuan; in serious cases, computers and other equipment mainly used to provide network services shall be confiscated.

2. Warning, confiscation of illegal gains, confiscation of devices or components mainly used to circumvent or destroy technical measures; in serious cases, computers and other equipment mainly used to provide network services may be confiscated and may be punished A fine of less than 100,000 yuan.

(3) Criminal liability: If the infringement constitutes a crime, the public security organs shall investigate the criminal liability in accordance with the law.

Article 217 of my country's "Criminal Law" stipulates that if one of the following copyright infringement circumstances is committed for the purpose of profit, the amount of illegal gains is relatively large or there are other serious circumstances, he shall be sentenced to a fixed-term imprisonment of not more than three years Imprisonment or criminal detention, and concurrently or solely a fine; if the amount of illegal income is huge or there are other particularly serious circumstances, the sentence shall be not less than three years but not more than seven years, and a fine:

1. Without copyright Reproduction and distribution of written works, music,

movies, television, video works, computer software and other works without the permission of others;

2. Publishing books for which others have exclusive publishing rights

3. Copying and distributing audio and video recordings without the permission of the audio and video producers;

4. Producing and selling works of art that counterfeit the signature of others.