network brings unprecedented convenience for people, but also poses new challenges. Chuzhou “ Knight music network ” copyright infringement case, prompting thought on the protection of intellectual property rights under the network environment.
outwitting website copyright
“ anti-pornography ” leadership group recently decided, issue an order of commendation chuzhou “ Knight music network ” copyright case the special task group. 3 s are in violation of copyright crimes sentenced.
chuzhou “ Knight music network ” copyright case is the International Federation of the Phonographic complaints, national “ anti-pornography ” Office 2010 years supervising the five departments listed on one of the key 15 piracy cases. Relevant departments to coordinate joint, concerted effort in our province, which lasted nearly 3 month smashed the copyright infringement cases. It is understood that “ Knight music network ” in the case of infringement of copyright, Ling Mai 3 accused, Wang Zhongliang, Xia Yongqing is “80 back ”, “ Knight music network ” Ling studied junmai's University has been unemployed since the founders, Wang Zhongliang has College culture, individual operators, and Xia Yongqing is University of culture, former incident a legal representative of network technology in chuzhou. End of
2004, Ling junmai's University graduated in Hefei during, learn music website popularity on the Internet to Mong Kok, the flow is large, with good market prospects, will have a create your own music listening site making money ideas. Subsequently, Ling junmai's had previously built their own application for registration of www.5474.com (domain name homophonic “ I'm Knight music network &rdquo). The end of 2005, due to www.5474.com is a member of the domain name registration companies temporarily closed down, Ling Mai at a cost of $ 15,000 to buy a www.qishi.com new domain names, and officially changed its name to the Web site “ Knight music network ”, later as www.5474.com company returned to normal, the two domain names at the same time DNS resolution services for the Web sites.
Ling Mai next to each price of about $ 20,000 a year lease 3 servers for storing site data, and combined have written a program to download software, starting from a large number of other music Web site to download the full version's original singing songs to upload to your server, late and constantly adding updates. Meanwhile, Ling junmai's writing Web site program, all music to be published to your own Internet Web site free of charge for Internet users on trial. When a Web site built, Ling Mai joining of various advertising Alliance, in the Web site Home page and play prominently injected a lot of commercial nature such as advertisements, Internet users click on ads to earn Commission by browsing its Web site.
insists on ignoring warning fall NET
2005 years, Ling junmai's were received the International Federation of the Phonographic infringement warning letters sent as an e-mail and ask them to remove unauthorized song. Ling junmai's press was asked to delete some of them at the beginning, but with the increased number of infringing songs listed in the warning letter, Ling Mai will be disregarded, are no longer deleted, instead of increasing infringement songs.
2007 first half of the year, under the family discouraged, Ling Mai initiation of transfer site ideas, and actively looking for buyers. In September 2007, Ling junmai's through Network met Wang Zhongliang, Xia Yongqing, both sides agreed to more than 440,000 yuan price for sale-inspired music network. Wang Zhongliang, Xia Yongqing through transfer and cash payment of the one-time $ 383,900, advertising revenue balance through the Web site after you pay off, take ownership of the site. Wang Zhongliang, Xia Yongqing operating period, Ling Mai gave technical guidance, and clearly inform their method of dealing with infringement received a warning letter.
acquisition “ Knight music network ” Hou, Wang Zhongliang, Xia Yongqing retention on the basis of the original songs, continue on from other sites update download songs uploaded to their site, and then providing music listening service free to users, and through advertising clicks a profit. During this period, Wang Zhongliang, Xia Yongqing has continued to receive international music Association of warning letters, began removing part late are no longer ignored. In 2009, Xia Yongqing copies data to the Web site himself out as carrying a network technology in chuzhou city servers.
since 2004 to the incident, “ Knight music network ” total advertising revenue obtained from the four companies more than 1.31 million Yuan. By the International Federation of the Phonographic copyright certification, “ Knight music network ” 513 songs for infringement. Prosecutors review finds that Ling Mai, Wang Zhongliang, Xia Yongqing for profit purposes without the permission of the copyright owner, use the Internet to disseminate sound recordings to others 1743 first, and to charge a fee of charge advertisement to be published, Ling Mai obtained the illegal gains of more than 1 million Yuan, Wang Zhongliang, Xia Yongqing obtaining illegal gains more than 150,000 yuan. Procuratorial organs accordingly to the 3 defendants suspected copyright infringement crimes to the Court for prosecution.
1 23rd, Nanqiao District Court on &ldquo in chuzhou; Knight music network &aMP;rdquo; copyright infringement case judgments of first instance, to the crime of infringing upon copyrights Ling Mai 5 years ' imprisonment and fines of $ 1.5 million, sentenced to prison terms of Xia Yongqing 3 years 6 months and fined $ 200,000, sentenced to prison terms of Wang Zhongliang 3 years 3 months and fined $ 200,000.
the fight against crime, multi-pronged approach must
with the rapid development of network information technology, network crime in the field of spreading, also face more stringent intellectual property protection. Intellectual property crime has complexity, organization, professionalism, hidden features, with the development of the Internet, across regional, cross-border infringement of intellectual property rights appear, in a new guise, technology upgrades, and other characteristics.
from the judicial practice through information networks implemented cases of infringement of intellectual property rights crimes is increasing. This reporter learned from the provincial public security Department, the province from October last year organized a “ ” actions severely crack down on various cases of violation of intellectual property and the manufacture and sale, of which “ use the Internet to disseminate pirated movies, software, ” is being focused on the fight against a class of crime. By the end of last year, “ ” total detection 19 special operation involved breaking the total value to $, suspects were arrested 59 people, destroy wholesale, sale infringing shoddy goods criminal groups 7, destruction of Internet station for infringement 1.
“ Knight music network ” copyright infringement cases, Anhui Chinese law firm Chen Tianming, lawyers said strengthening the protection of network copyright, to further perfecting the criminal legislation of crime of infringing upon copyrights. Must perfect the system of crime of infringing upon copyrights, copyright law explicitly provided to network dissemination of information in violation of copyright provisions, such as criminal acts. Should further simplify the assessment of the crime of infringing upon copyrights, perfecting the criminal law to combat copyright infringement, enhanced on the criminal law protection of the copyright.
relevant experts pointed out that, under the new situation, to achieve the full and effective protection for intellectual property, all localities and all law enforcement bodies must be concerted and consensus. Network of intellectual property protection, depends on rights, administrative law enforcement and judicial organs to work together, require more network operations and the broad participation of Internet users. To establish a list of related works right to network dissemination system and illegal propagation “ black list ” system, create a good and orderly operation of order and strengthen the effective regulation of illegal activities and investigated and dealt with in a timely manner, the use of technical means to enhance protective measures at source. In addition, to establish regional coordination and cooperation mechanism among relevant areas, a greater scope to enhance intellectual property protection on the network. (Li Xiaoqun)
