In recent days, the intellectual property division of the provincial court has conducted a collection of papers on the study of legal issues relating to the dissemination of information networks, and organized the second “think-fest forum” of the judges of the jiangsu court of intellectual property rights on the topic. Twenty-one papers were evaluated as “excellent papers”, at which the authors spoke。
The internet industry and new business models have developed rapidly and new issues and needs have emerged. Through a collection of essays and competitions, judges of intellectual property rights in jiangsu have been encouraged to study the legal aspects of the right to information networks, to further improve the quality of trials in cases involving violations of the right to information networks, unfair competition on the internet, and to promote the health of the internet cultural industry and the digital economy。
List of awards
1. Rules for identification of violations of the right to information network dissemination by network service providers
Qiang, sun qi
It was argued that, in addition to perfecting the rule of notification deletion to address violations of the right to information network dissemination by web-service providers, it would be more appropriate to reflect on measures at the source of “selective compliance” and to appropriately increase the cost of violations by web-service providers, thereby creating sufficient deterrents to them。
2. Discovery of the activation of audio-visual works in hotels with projectors
Zhang lingxia
The paper found that the fact that the hotel had made an error in providing a projector for the broadcast of audio-visual works without authorization constituted an infringement of the right to show the audio-visual works that had been placed on the information network by means of technical devices that could be connected。
Analysis and path exploration of tort liability for network platforms under nft models - take the first case of a meta-cosmic tort in the country
Wong matsuwei, zhou xianjun (court of the people's court of xiang)
Taking as an example the domestic case of a meta-cosmic tort, the paper provided an overview and interpretation of the relevant concepts, legal characterization of nft digital works and the responsibilities of the platform under the nft trading model, and emphasized the need to guide new social behaviour by applying legal interpretations, or by analogy, by filling legal gaps such as application, purpose expansion, and by adding value to the concept of uncertainty, and by measuring benefits。
Study on the responsibilities of the platform's principals in cases of infringement of copyright by short video — reflections triggered by the quest vs. Whiskey case
Homendi
The paper, citing the case of quest vs. Whiskey, noted that the determination of responsibility for a short video platform should begin with a clarification of the relationship between the liquidation law function and the platform's duty of care, the extent of the platform's duty of care, the considerations necessary for the measures to be taken, and whether the obligation was properly reviewed in the platform's course。
Amendment and application of the offence of infringement of copyright “to the public through an information network” - carried out as an analytical model of the offence of violation of copyright in a private dress game
Quarterlight, high sea zinc (inter-people's court of cebu city)
The paper suggested that the behaviour of the perpetrator in replicating software could also be considered as a preparatory act to be disseminated through an information network and absorbed by subsequent dissemination. It was argued that such a shift would more accurately characterize the dissemination of other people's software works through information networks and would be in line with the intent of the criminal law amendment xi to communicate this behaviour to the public through information networks as an independent legislative conviction。
6. Analysis of regulatory pathways recommended by web platform algorithms in a pluralist and collegial perspective
Xing yongzhong, cheng ling (tanyang city people's court)
Among the subjects recommended by the web platform algorithm, there are “hiddens” behind “technology neutrality”, i. E. Designers, coders recommended by the algorithm. In tort-like cases of web platforms, both the platform and the algorithm design, coders should be held accountable。
7. Discussion of indirect tort liability in different fault situations on video-sharing websites
Speicher (intermediate people's court in town)
The paper suggested that there was a trend towards diversity based on the way and type in which video websites violated the right to disseminate information networks, and that the recognition of indirect responsibility for violations of video sites should be consistent with the proceeds and social responsibilities derived from the website。
8. Study on torts of copyright by video cohesion
Wang shao bin, wu xiaolei (quinshan city people's court)
It was argued that the court, in adopting the substantive substitution criterion, should first determine the role of the visual assembly platform in the presentation and dissemination of the work, and then, on the basis of the findings, describe the consequences and effects of its conduct in the light of other evidence, and combine the various elements to determine the nature of its conduct, better adapted to the current complex and volatile network environment。
Empirical study of civil liability for acts regulated by “internet monopoly” - sample of 119 court decisions
Chen lixi (commonly known city people's court)
It was suggested that the application of a part of joint and several liability in the context of cyber-improper competition should strike a balance between the interests of the various defendants. Co-responsible persons bear the corresponding joint and several responsibility for their own acts, reducing the risk of claims by parties to minor violations and facilitating the realization of justice。
Study on judicial protection of intellectual property in the context of the digital economy - perspectives on unfair competition in the internet and tort regulation of intellectual property rights
Sioux county intellectual property tribunal (sioux county intermediate people's court)
It was suggested that, in the face of new types of unfair competition by networks, competition relations should be judged consistently, judicial humility should be maintained, market competition and technical confrontation allowed, and that in cases involving pre-interests, the pre-admissibility of competitive conduct should not be determined by the pre-admissibility of those who entered the market, but rather by respecting the free choice of consumers, using the logic of competition law, taking into account the balance of interests of operators and consumers and preserving the legislative value of free competition。
11. Study on copyright violations in short video works
Chen wei-gu, summer yoga (thai people's court of the high technology medicine industry development area)
It was argued that in cases involving infringement of copyright in short video works, relatively liberal adjudicative criteria should be applied to the original determination of short video, regulating the application of the system of reasonable use, the duty of care to judge the web-based service platform in a differentiated manner, and the discretionary consideration of the amount of compensation。
12. Review of rules on tort liability for cyber platforms and border structures
Shen sing (thai people's court of the high technology industry development area)
It was suggested that, with regard to the changing types of cyber subject matter, the judiciary, in interpreting and applying the rules on liability for abuses committed by web platforms, should be based on the principle of balance of interests, taking into account factors such as the apparent extent of the violation, the level of error and the ability of the platform to manage information。
Judicial application of article ii of the anti-improper competition law - perspectives of unfair competition cases on the internet
Zhou zhicheng (sing city intermediate people's court)
Through a theoretical analysis of article 2 of the anti-improper competition law, it was suggested that where anti-improper competition law did not explicitly regulate specific manifestations of misconduct, competition rules in particular areas could be defined proactively from the point of departure of good faith and business ethics through the interpretation of general provisions, drawing on established rules in particular areas of business。
14. Review and refinement of the determination of abusive liability of network service providers in an internet competitive environment
Liu hong, chen jie, zhou rai (salin city intermediate people's court)
It was suggested that the “safe haven” rule should be applied conditionally and that the respective burden of proof obligations of rights holders, network service providers and infringers needed to be clarified, and that the rule was not automatically applied by network service providers。
Review and restructuring of the application of the “necessary measures” rules by network service providers - subject of research in the case concerning the dispute over the right to information on works networks, inc. V. Peking universal telecommunications ltd
Chongqing, suna na (people's court of the zone for the development of economic technology in liangyun harbour)
It was suggested that consideration of the application of the “necessary measures” rule by network service providers should be based on the principle of balance of interests, on the basis of the specific type of service provided, and in conjunction with the qualifying notice elements, identify and identify the main factors affecting different types of measures, and ultimately on the basis of the principle of proportionality。
16. Study on the measures necessary for new types of network service providers to avoid copyright infringement
Zhang rainway (people's court of lien yungang city)
According to the paper, the new type of network service should apply the “notification plus necessary measures” rule of the civil code for tort liability and, depending on the circumstances of the case, should refer to the principle of proportionality in determining the type and scope of necessary measures。
