Examining Document Copyright One By One Is A Difficult Problem.
At present, the total number of documents has already been over 100 million Baidu libraries. It is a document sharing platform formed by users and agencies uploading documents.
Baidu copyright management center explained that from the Baidu library upload process, each registered Baidu account users can click to upload their own documents, Baidu Library in the upload page explicitly told users not to upload infringement documents.
The documents recommended by the Baidu library home page are not general registered users, but institutional collaborators and certification authors. Baidu library will only recommend documents to the authors and institutional partners, and ensure that the recommended documents are genuine.
According to the introduction, Baidu library, in order to prevent users from uploading others' works without permission, has set up an anti piracy DNA recognition system. Through this technology, as long as the right person submitted the work content to Baidu, Baidu can identify the relevant infringement documents. As of September 2014, Baidu has accumulated about 3300000 suspected infringement documents.
The operation mode of this system is that Baidu first reached cooperation with the more than 400 organizations, and actively contacted well-known experts, and put these authors' copyright works into the "anti piracy infringement library".
The user uploaded works will compare with the articles in the anti piracy infringement library, so as to eliminate the infringement documents and prevent them from uploading.
The official said that in addition to the copyright dispute with the Chinese language, Baidu library has gone through many cases since its launch.
In all cases, the court affirms the legal nature of the "information storage space" of the Baidu library. In most cases, the court's opinion is that "sharing platform" can enjoy the "safe haven" principle.
For example, in the 3 cases of writer Zhu Jintai v. Baidu, author Jia Jia v. Baidu, author Han Ailian v. Baidu, the court affirms the legal nature of Baidu library as information storage space, and thinks that it has done a reasonable duty of care and can not undertake liability for compensation.
However, in the recent case of the Sino Korean and Baidu library, although the court recognized the nature of Baidu library as the information storage space, it also recognized that the platform side did not get any economic benefits, but unlike in the past, the court held that Baidu as a network service provider should set a threshold linked to reading volume, that is to say, to achieve a certain reading volume, it is necessary for the platform to conduct copyright censorship.
Because the platform did not fulfill the duty of reasonable attention and did not establish enough protection mechanism, it decided to lose the Baidu library.
that
Reading volume
Can the size be used as an information storage space to fulfill the standard of pre audit obligations? How much reading can be used as the standard line for pre audit? Baidu library raised such questions.
Also as an online document.
Sharing platform
Yan Zhigang, deputy general manager of road bus Barba, has encountered similar problems.
According to him, at present, the basic upload process of the road passenger Barbus is similar to Baidu. It is also a user's original or collected information, uploaded by way of registered accounts on the road bus Barbus website, and released on the platform through relevant audit.
Last year, because some netizens will be certain.
Press
The content of the published books is uploaded to the road bus Barbus website, causing disputes between the website and the relevant publishing houses.
This makes Zhigang feel very puzzled: is storage space applicable to the principle of "safe haven"? Is website operator having any obligation to judge and how to judge whether the user uploaded document is suspected of infringement?
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