the seminar on copyright infringement related to APP and Advertising Alliance, sponsored by the China copyright Association, was held in Beijing on August 20. Representatives from copyright law enforcement departments, judges in the field of intellectual property rights and representatives of the online video industry, as well as experts and scholars attended the meeting.
original title: Tencent Jiangbo: the law should keep pace with the times to crack down on aggregate piracy
"in the 3.0 era, network copyright infringement has entered the era of complete separation of web pages, players and cloud storage." Jiang Bo, vice president and general manager of the legal Department of Tencent, believes that the criteria for judging online copyright infringement should keep pace with the times and adapt to the current situation of the times and technological development, and should not blindly adhere to the plot of "uploading to the server." on August 20th, the "Symposium on copyright infringement related to APP and Advertising Alliance" sponsored by the China copyright Association was held in Beijing. Dozens of people attended the meeting, including representatives of copyright enforcement departments, judges in the field of intellectual property rights and representatives of the online video industry, as well as experts and scholars. Jiang Bo, vice president and general manager of the legal Department of Tencent, spoke as a representative of the Internet Video Orthodox Alliance. The alliance was established by video websites such as Tencent, iqiyi, Youku Tudou and Sohu to promote the legalization of the industry. strong > New forms of infringement in the era of / strong > Jiang Bo said that the forms of infringement in the era of online copyright infringement are relatively novel, mainly aggregating pirate chains, sharing online disks, pirated small websites and illegal resource stations. in terms of aggregate piracy, as the center of the network video industry shifts to mobile and intelligent TV, film and television aggregation APP arises at the historic moment. The film and television aggregation APP through player nesting, directed links, web page aggregation, piracy and other forms, using deep-chain aggregation technology, player platforms and other forms to build a network information platform, claiming to aggregate massive video resources throughout the network, and to remove advertisements as publicity gimmicks, illegally provide other people's copyright works without authorization, beyond the legitimate scope of general search link services. Jiang Bo stressed that this kind of piracy has caused serious infringement on the right of exclusive information network dissemination, undermined the technical protection and business model of genuine video websites, and, more seriously, caused serious damage to the normal order of Internet copyright management. in addition, the infringement of online disk sharing can not be ignored. At present, the sharing function of many cloud disks has deviated from the core function orientation of cloud storage and alienated into the illegal function of infringing content dissemination, which makes cloud disk become a distribution center for illegal resource stations to store infringing content, and provides convenience for its illegal dissemination. many cloud disk operators lack effective content control mechanisms, resulting in the spread of infringing and illegal content out of control. With the strengthening of the national network copyright enforcement, large-scale pirated websites have declined, but the piracy of small illegal infringement websites and resource stations without any qualifications is still rampant. Jiang Bo pointed out that pirated small websites do not have the qualification for the dissemination and operation of copyright content, let alone a content review mechanism, resulting in the widespread spread of infringing and illegal content, which is out of control, seriously affecting the normal order of the copyright market. what is worth warning is that the fragmented infringement mode of website, player and storage server is implemented on small infringing websites, which increases the difficulty of governance. The infringement methods of pirated small websites and illegal resource stations are often very hidden, which do not require a large amount of investment in bandwidth, servers, etc., and can rely on the network cloud disk for storage and sharing. carry on the website promotion and the dissemination of infringing content through social network, forum post bar and so on. strong > calls for industry governance and legal coordination / strong > in view of the characteristics of the 3.0 era of online copyright infringement, Jiang Bo believes that the coordination of technology, industry and law is particularly important. The copyright law must respond to the new copyright problems brought about by the development of industry and technology, and can establish a paradigm for industrial development and technological change through judicature and jurisprudence, so as to stop those technologies that lack innovation and endanger copyright. This is the positive response of legislation and judicature to the development of industry and technology. how to crack down on aggregate piracy has also become a new challenge to combat infringement. Jiang Bo proposed that we should clearly identify the direct infringement nature of aggregate piracy, strengthen judicial protection, increase the amount of compensation, and increase the cost of breaking the law. At the same time, it should be clear and fair and consistent industry access threshold, video content aggregation platform should also be the same as video websites, obtain Internet license, audio-visual program license and other licenses, otherwise can not engage in content provision and dissemination business behavior. at the same time, the application market vendors should examine the qualification of the application software and establish a blacklist system, so that the software included in the infringement blacklist is not allowed on the shelves, and the software complained of infringement is removed from the shelves in time, and can continue to be sold or downloaded on the shelves after rectification. at the same time, Jiang Bo believes that we should continue to strengthen the supervision of online disk content and the punishment of violations of laws and regulations, constantly standardize the function of online disk, and even cancel the sharing function of online disk. In the aspect of mechanism construction, it is necessary to establish a strict content review mechanism and a shielding mechanism for illegal and infringing content. as for small websites and illegal resource stations, Jiang Bo believes that those suspected of infringement and crimes should be investigated for administrative and criminal responsibility in accordance with the law, standardize advertising alliances, and establish a blacklist system. Advertising alliances shall not cooperate with small websites on the blacklist to cut off the economic sources of small infringing websites. from the point of view of Internet service providers, Jiang Bo suggests that search engine service providers should also establish a blacklist system to block illegal small websites that are blacklisted and do not provide search link services. Browser developers also have to block illegal small websites that enter the blacklist, that is, users do not provide URL navigation service when entering the domain name of the relevant small website in the browser, and cannot open the web page. Edit: yvette