Especially during the first half of June 2014, the United States and China have been the hot spot of network copyright dispute cases and, in the web, copyright and even the whole society has had an impact.These cases and disputes include on June 25, 2014, the United States Supreme Court ruled that the iptv service company Aereo use miniature antenna gather broadcast TV signals will be transmitted to pay through the network user's behavior in violation of the copyright law in the United States;China's supreme people's court on June 23 CCTV international sued tudou infringement and so on a number of hot spot case held briefings of typical cases, including Shanghai whole potato company because of its tudou to provide popular documentary "on the tip of the tongue of China" on-demand service, was sentenced to compensate for the CCTV international economic loss of 248000 yuan.Today's headline was questioned by Chinese media, including on June 24th, sohu company announced to today's headlines copyright infringement lawsuit and ACTS of unfair competition;In the middle of April, 2014, Chinese authorities issued notice, request the mainland part of the video web site to stop play four popular TV drama, including the big bang theory, "the good wife", ncis, and the instinctive quality lawyers.
In the Internet industry is more developed and prosperous China and the United States, copyright disputes must be mainly manifested in the Internet copyright disputes.On the one hand, the rights holders, network service providers, network users, and even the government balance the interests of disputes, on the other hand, new technology and the emergence of a new business model, will break down temporarily balance, all parties need to be a new game and balance.Recent cases illustrate the difficulties of network copyright is to cope with the challenges of new technologies and new business models, and the situation in China seems more complex: on the one hand, Chinese courts also in combing the basic rules of network copyright, but the recent cases show that Chinese courts are more mature. At the same time, China needs to cope with the challenges of new technologies and new business models.In addition, China's administrative organs have a roll to play in the network copyright case, increased the complexity of this game.
Aereo case has ruled in the United States, but also more the game of the new technology and balance remains unresolved
On June 25, 2014, the Supreme Court of the United States eventually 6-3 vote proportion Aereo ruling network television service company using miniature antenna collect broadcast TV signals will be transmitted to pay through the network user behavior in violation of the copyright law.Victory in the lawsuit the plaintiff including the Columbia broadcasting company (CBS) and the national broadcasting company (NBC), Disney's American broadcasting company (ABC), and the 21st century Fox, Fox, Fox television network.Through the service Aereo, users usually only takes 8 ~ 12 dollars a month, can let users in the mobile terminal to watch or download the radio and television programmes.Aereo will television signals recorded in particular user folder in the server, when the subscriber wants to watch live television or recorded shows, can temporarily to the subscriber an antenna Aereo, via the Internet to transmit TV to the subscriber of laptops, tablets, smart phones, or other devices.Antenna can only be used by a subscriber at a time.Aereo said, and at home to watch is similar to the form of the user to use their own free wireless radio antenna.Aereo fails to radio and television company to pay money.
Aereo services are the main points of the case whether the technology way constitutes the content protected by copyright law "public performances".First of all, whether to belong to show on this way, the court said Aereo, is not simply a allows subscribers to choose, recording and transmission performance of technology and equipment provider, but look from the functionality is more like a cable TV service providers, so should be provide.As to whether the public performances, the court said according to the regulation of the existing copyright law, it is not difficult to considered public performances (according to the United States copyright law, public performances is refers to the transmission to the public through technology and equipment, make the public can at the same time or time, or beyond the reception at the same place and the work performance).As a result, it is clear that television service providers to provide services is need copyright permission, Aereo service is a violation of the copyright law.
U.S. Supreme Court ruled that make traditional TV broadcasters and cable networks breath a sigh of relief, but through a network rather than conventional cable operators watching consumers felt disappointed, of course, the decision for the traditional TV company Internet rivals such as Aereo provide alternatives to increase the difficulty, make people doubt about the future of the Aereo.
But the court did not like the new technical services shall be considered illegal, and the court will be specially Aereo service differs from a broader cloud computing services.The court pointed out that Aereo service without a prior relationship between users and performing work involved, the user does not have the right to perform work.The court also pointed out that this ruling will focus on with TV operators service function approximation in essence, is the problem to be solved by products transport problems rather than copy distribution (that is, streaming media, rather than download problem).This rule does not apply to those who paid services in addition to the transmission of copyrighted works, such as the content of the remote storage service.
All in all, the United States Supreme Court ruled that temporarily solve the problem Aereo similar streaming service, but more and more new technology and new business models are still waiting for the solution.
Chinese court processing network copyright case handling the balance relations gradually maturing
With the improvement of the network copyright legislation and Chinese courts dealing with Internet copyright cases more experience, recent court decision network copyright in China shows that Chinese courts deal with this kind of case is more mature, has been able to well deal with the balance of the interests of all parties.
China's supreme people's court on June 23, 2014, CCTV international sued tudou infringement and so on a number of hot spot case held briefings of typical cases.Among them, tudou to provide popular documentary "on the tip of the tongue of China" on demand service because the awareness of the infringed work is concerned.
Food category documentaries "on the tip of the tongue of China" by CCTV camera, launched in May 2012 after triggered strong social response.CCTV international then find that tudou during broadcast provide on-demand service without permission, and appealed to the court in August in 2012, request the defendant to compensate economic loss of 800000 yuan and pay the reasonable costs for investigation of 50000 yuan.
Shanghai minhang district people's court and the Shanghai municipal first intermediate people's court (the second instance, made on December 31, 2013) after the trial, said: China's copyright law is the work involved method similar to filmmaking production, shall be protected by the copyright law.Whole potato company to unauthorized works hit period on its website to provide online on demand of the work involved in the service, is a typical work of information network transmission right infringement, should bear tort liability.The whole potato company argues that its storage service, the work involved is a net friend upload, but did not provide evidence to prove that;And information about actual uploader belongs to its own scope of control and management, should by the proof, on its own to delete the original data lead to the fact that can't find out, should bear the adverse consequences.On the basis of ruling the whole potato company compensation of economic loss of 240000 yuan, the CCTV network company reasonable costs 8000 yuan.
According to the relevant person in charge of the supreme people's court, the case will promote the Internet video provider's self-discipline and industry management, video on the Internet infringement cases of increased risk warning role.
With the development of mobile technology, through the mobile phone watch video is more and more to the more frequently.In March 2014 trial involving mobile phone video business case well reflects the courts can effectively deal with similar cases.In China film media Asia company v. youku case (the Shanghai second intermediate people's court), the China film media Asia co., LTD. Is a movie "Isabella" of the copyright owner, its authorized youku with computer network side provide films to individual users, but does not include other terminal (e.g., mobile terminal).China film media Asia found that users can watch the authorization among through an Internet service provider on a mobile phone movie "Isabella".China film media Asia against its constitutes copyright infringement.
Given the youku is authorized to broadcast the film, and the third party network service provider we company only provide link service, so the first-instance judgment does not constitute infringement, this case also mentioned another third party service providers, the service provider to provide storage and playback software download, no fault, do not assume tort liability), the China film media Asia to file an appeal.The second instance court ruled that because we only link service providers, the chain website "youku" series, with permission of the China film media Asia company legal cases involved in the movie, we company does not constitute contributory infringement, so it lasted a second trial court of first instance does not constitute infringement.In accordance with the information network transmission right protection ordinance the provisions of article 23, namely "the network service provider knows or should know the link of a sound recording or video recording of tort, shall bear the joint tort liability."The movie on youku is authorized, because the movie on youku is legitimate, unauthorized third party, therefore, cannot know the film is illegal, so the court upheld this explanation.
China has the world's largest Internet user group, number of Internet users has exceeded 618 million.China's network problems become increasingly prominent, Chinese courts at all levels become new battleground between rights holders and Internet service provider.All sorts of problems and disputes will be through technical, market, legal means a combination of resolved.Rights holders will continue to put pressure on Internet service providers, to expand the scope of liability of Internet service provider.To a certain extent, judicial decisions will be affected by the technology of parallel development.With the continuous development of new technology improvement, rights holders, network service providers and users will have the ability to identify, monitor, control, digital content.With the popularization and commercialization of new technology development, the courts and the legislature will gradually learn how to win at the public right, the right holder of content, detection of tort liability and network service provider of the responsibility for the content control network to reach a balance between the three.
China's new technology and business models bring challenges occur repeatedly
"We don't make the news, we are porters news."Today's headlines in practice is often first to grab and complete a series of arrangement, classification, ranking, push to the mobile phone client (unless the holder of the object will be deleted).Due to the growth of business make headlines today received $100 million in financing, and valuation of more than $500 million, as a result, are also popular in the production of news media sites and the holder of the broader questions, today's headline grabbing headlines recently various media up to its name.
On June 24th, sohu company announced to today's headlines lawsuit copyright infringement and unfair competition.It is reported that sohu think there are two main types of tort of today's headlines.The first is a transcoding.Catch copy directly use sohu net, sohu net mobile version and sohu news articles in the client, pictures.The display as "code", namely grab a third party the content of the news page, convert the content into XML stored on your server, the user browsing the news will render XML content through the APP ChengXinWen page presented to the user.According to introducing, in the near future, after media reports of massive headlines today are under pressure to stop the infringement of transcoding of sohu content.The second is the deep links.Sohu says, stop transcoding headlines today after the content of the copyright for sohu tort adopted a more subtle form of "deep linking", namely using the built-in browser APP framework nested according to the third party news page, also in its mobile software page top the link address.At the same time, today's headlines and boost promotion content on the page, content, etc.
Today's headline public calls himself a search engine, so can transcoding and deep links.Sohu has dismissed, "according to the search engine Robots agreement without authorization shall not, without scraping content, but the headlines today released its never like search engine Robots the user-agent, sohu can't block fetching infringement of the other. Moreover, today's headlines on third-party content source to nested" reading "and" comment "and so on the content and controls, content to guide the User with others in their entry into the next phase of reading, cause the users cannot continue reading in the content of the original path. Very different from the search engine's" diversion ".
Early as today's headline news for transcoding to the third party web site, the alleged infringement possibility is larger, but as for whether deep links constitute copyright infringement or unfair competition, there may be more controversial space.
In addition, today's headline cases may also involve a copyright law basic problem, instant news not protected by copyright law.But, in general, today's headline news may involve a variety of types and works, and the outside of the current news work should be protected by copyright law.
At the same time, according to several media complaints, China's national copyright administration also to initiate an investigation today's headlines.According to China's copyright law, such as a copyright infringement damage the interests of the public, at the same time can be investigated by the copyright administrative department.As a result of "today's headline" influence big case, the case directly accepted by the national copyright administration.
The current civil litigation and administrative organs investigation is in progress, we don't know the court and the copyright administrative authority view of this new business model, the continuous emergence of new technology and new business models and the test China's judicial organs and administrative departments related to copyright Fang Pingheng grasp.
China's administrative organs sometimes seems to have become a game of one party, and some opaque policy makes the game more complex relationship
In the middle of April, 2014, according to the notice of the authorities in China, the mainland part of the video site to stop play four popular TV drama, including the big bang theory, "the good wife", ncis, and the instinctive quality lawyers.Video sites are often received request banned Chinese or foreign television programs or movies from the shelves of the notice, usually due to regulators think these programs or movies too pornography or violence, or because the show or movie constitute infringement.
National press and publication administration of radio, film and television did not make any instructions as the ban on the shelves, has aroused speculation.A lot of people are focused on the state general administration of press and publication, radio and television released on January 2, 2014 by the state general administration of press and publication, radio and television on further perfecting the network plays, films and other Internet audio-visual program management supplementary notice, because according to the notice, mainly reiterated to strengthen network series, micro movies such as network audio-visual content of audit, especially the need to get on Internet audio-visual program service units relevant production licenses, implement "broadcast after the first trial" rules.However, this notice is not explicitly mentioned show or other foreign drama.And because the TV drama is through formal process for the record, audit, so there is no infringement problems.And these programs from pornography, violence, or political orientation is not too much.Some observers suspected that Chinese authorities fear is that the American TV show drew a large audience, lead to loss of national television audience.
However, the administrative opaque also questioned by including xinhua.Such as xinhua net in its reports on April 29, 2014 referenced in the words of Yin hong from tsinghua university professor, school of journalism &communication "transparency is the premise of government management, to further standardize the industry development, should set clear, can according to the rules."
All in all, under the frame of policy implementation of opaque for the network game added to the uncertainty in the field of copyright.But as China's legal system construction and development, the opaque law enforcement should be less and less, concern about the uncertainties of the game should also be less and less.Anyway, how in the public interest, the interests of the state, the Internet service provider/content for balance between the interests of the owners, and many other interests and responsibilities is very important.
Internet are rapidly developing in China and the United States, although the two countries have different network copyright business practices and rules, the two countries are facing the business model and technology development brought about by the challenge of network copyright.Each other between the two countries can be based on the experience of the network copyright case processing, properly deal with a lot of interests and responsibilities between the game and balance, promote the better development of the Internet and copyright.