people.com.cn December 26 Beijing Xinhua (reporter Li Jing) today, the supreme law issued the "Regulations" the Supreme People’s Court on Several Issues concerning the application of law in civil dispute cases trial against the right to network dissemination of information, the provisions will be implemented in January 1st next year. The regulations promulgated, directly affects the network between the service provider and the copyright dispute trial, will also use the network to download audio music and watch videos and reading books affect hundreds of millions of users.
in July this year, writers such as Han Han and Baidu to court. Many writers believe that Baidu library serious violation of its copyright, put forward to close the Baidu library, and the requirements of a huge claim. The Baidu library believes that these works uploaded to the network of friends, and they received a complaint after the writers, have been removed from the alleged infringement of the works, and therefore does not constitute infringement. In September this year, the court ruled that Baidu writers for more than 17 yuan in compensation, rejected the writers of other demands. The case has aroused concern. So far, there are still some disputes between copyright owners and network platform service providers for certain services.
actually, Baidu library and the author of the dispute is not uncommon. The supreme law official said today, since 2002, the people’s court accepted the copyright case has been ranked first in all intellectual property cases. In 2011, the district court has received IPR civil cases 59882, of which the copyright case of 35185, the number of involved about the right of information network dissemination of copyright dispute cases in recent years has accounted for all cases of copyright 60%. In the trial of these cases, how to define the infringement of the right to network dissemination of information, especially how to determine the legal responsibility of the network service provider, the people’s court has become a challenge.
according to the new judicial interpretation issued license for Internet users and Internet service providers without the right people, through the information network to provide the right to enjoy the right to network dissemination of information works, performances, audio and video products, except as otherwise stipulated by laws and administrative regulations, will constitute infringement of the right of information network dissemination behavior.
the judicial interpretation of the behavior of the user is also provided. According to the judicial interpretation ", the network service provider to provide network services, if instigate or help Internet users against the implementation of the right to network dissemination of information behavior, network service providers are required to assume joint responsibility for network users infringes the right of information network dissemination behavior." "Internet service providers to promote speech, technical support, bonus points and methods to induce and encourage the implementation of network user behavior violated the right to network dissemination of information, the people’s court shall determine the instigation of tort."
at the same time, the judicial interpretation, "the network service provider that has taken technical measures reasonably and effectively, is still difficult to find an Internet user is infringing the right of information network dissemination behavior, the people’s court shall determine that it has no fault."
in addition, the judicial interpretation