Jiang Bo: Chain theft infringes on the rights and interests of genuine video websites, industry governance should coordinate with the law to crack down on it

On August 20, the "Seminar on Copyright Infringement Issues Related to APP and Advertising Alliances" hosted by China Copyright Association was held in Beijing. Representatives from copyright law enforcement departments, judges in the field of intellectual property, representatives from 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 aggregated chain theft infringement

"In the Infringement 3.0 era, online 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, 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 20, the "Seminar on Copyright Infringement Issues Related to APP and Advertising Alliances" hosted by China Copyright Association was held in Beijing. Dozens of people from copyright law enforcement departments, judges in the field of intellectual property, representatives from the online video industry, as well as experts and scholars attended the meeting. Jiang Bo, vice president and general manager of the legal department of Tencent, spoke as a representative of the Internet Video Genuine Alliance. The alliance was established by video websites such as Tencent, iQiyi, Youku Tudou, and Sohu to promote the legalization of the industry.

In his keynote speech entitled "Industry Regulation and Legal Coordination in the Era of Internet Infringement 3.0", Jiang Bo proposed that online copyright infringement can be divided into three typical stages. Among them, in the era of infringement 1.0 and 2.0, it is manifested as "web page + player + server integration" and "separation of web page from player and server" respectively. In the era of Internet Infringement 3.0, online copyright infringement has developed a new form of infringement that includes aggregated chain theft, online disk sharing infringement, and pirated small websites. Therefore, copyright protection must also keep pace with the times in terms of industry governance and legal coordination.

New forms of infringement in the 3.0 era

Jiang Bo introduced that the forms of infringement in the 3.0 era of online copyright infringement are relatively novel, mainly focusing on aggregation of chain theft, online disk sharing, pirated small websites and illegal resource sites.

In terms of aggregated chain theft, as the center of the online video industry shifts to mobile terminals and smart TV terminals, film and television aggregation apps have emerged. The film and television aggregation APP uses deep-chain aggregation technology, player platforms, etc. to build a network information platform through player nesting, targeted links, web page aggregation, chain theft, etc., and claims to aggregate massive video resources across the network and remove advertisements, etc. For publicity gimmicks, illegally providing other people's copyrighted works without authorization exceeds the legitimate scope of general search link services.

Jiang Bo emphasized that this kind of chain theft has seriously infringed on the right to disseminate exclusive information online, undermined the technical protection and business model of authentic video websites, and more seriously, seriously damaged the normal Internet copyright management order.

In addition, the infringement of online disk sharing cannot be ignored. At present, the sharing functions of many cloud disks have deviated from the core function positioning of cloud storage and become illegal functions of disseminating infringing content, making cloud disks a distribution center for illegal resource stations to store infringing content and providing convenience for its illegal dissemination.

Many cloud disk operators lack effective content control mechanisms, resulting in the spread of infringing and illegal content being out of control. With the strengthening of national online copyright law enforcement, large-scale pirated websites have declined, but piracy on small illegal infringing websites and resource sites without any qualifications is still rampant.

Jiang Bo pointed out that pirated small websites do not have the qualifications to disseminate copyright content, let alone have a content review mechanism, which leads to the widespread spread of infringing content and illegal content and is out of control, seriously affecting the normal copyright market order.

It is worth noting that the small infringing websites implement a fragmented infringement model in which websites, players, and storage servers are separated, which increases the difficulty of governance. The infringement methods of pirated small websites and illegal resource stations are often very hidden. They do not require a large amount of investment in bandwidth, servers, etc. They can rely on online cloud disks for storage and sharing, and use Social networks, forum post bars, etc. to carry out website promotion and dissemination of infringing content.

Calling for collaboration between industry governance and law In

response to the characteristics of the Internet copyright infringement 3.0 era, Jiang Bo believes that the coordination of technology, industry and law is particularly important. Copyright laws must respond to new copyright issues brought about by industrial and technological development. They can set a paradigm for industrial development and technological changes through justice and jurisprudence, so as to stop technologies that lack innovation and endanger copyright. This is legislation and justice. A positive response to industrial and technological development.

How to combat syndicated chain theft has also become a new challenge in combating infringement. Jiang Bo proposed that we should clearly identify the direct infringement nature of chain theft, increase judicial protection, increase the amount of compensation awarded, and increase the cost of illegal activities. At the same time, fair and consistent industry entry thresholds should be clarified. Video content aggregation platforms should also obtain licenses such as online text certificates and audio-visual program licenses like video websites, otherwise they cannot engage in content provision and dissemination operations.

At the same time, application market merchants should review the qualifications of application software and establish a blacklist system. Software included in the infringement blacklist shall not be allowed to be put on the shelves, and software complained of infringement shall be removed from the shelves in a timely manner. Only after rectification can it continue to be put on the shelves for sale or download.

At the same time, Jiang Bo believes that we should continue to increase supervision of online disk content and penalties for violations of laws and regulations, constantly standardize online disk functions, and even cancel the sharing function of online disk. In terms of mechanism construction, it is necessary to establish a strict content review mechanism and a blocking mechanism for illegal and infringing content.

Regarding issues such as small websites and illegal resource stations, Jiang Bo believes that those suspected of infringement and illegal crimes should be investigated for administrative and criminal responsibilities in accordance with the law, and advertising alliances should be regulated and a blacklist system should be established. Advertising alliances must not cooperate with small websites that enter the blacklist. Cooperate and cut off the financial sources of infringing small websites.

From the perspective of Internet service providers, Jiang Bo suggested that search engine service providers should also establish a blacklist system to block illegal small websites that enter the blacklist and not provide search link services. Browser development companies must also block illegal small websites that enter the blacklist, that is, users do not provide website navigation services when entering the domain name of the relevant small website in the browser, and cannot open the webpage.

Editor: yvette