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The author:(作者)qqpublished in(发表于) 2014/6/24 8:37:38 Sohu prosecution “today’s headlines“ tort， claim 11 million，
Sohu prosecution "today's headlines" tort, claims 11 million-Sohu prosecution of today's headlines, today's headlines, Sohu-IT news Sohu prosecution "today's headlines" tort, claims 11 million
On June 24, 2014, the Sohu company announced the for Beijing beating byte technology co (today's headlines) sued for copyright infringement and unfair competition acts, urging each other to stop the infringing act immediately, published an apology and compensation for the economic loss of 11 million Yuan, Haidian District Court has formally accepted the lawsuit.
Sohu editor-in-Chief Wu Chenguang said: "today's headlines of unauthorized copying, tampering with Sohu copyrighted copyrighted content, seriously violated the copyright of Sohu. We call upon the conscious respect for and protection of the copyright of the whole industry, and promote fair and honest competition, and resolutely resist the acts of unfair competition. ”
Capital, Director of the Copyright Alliance Han Zhiyu site published on the "today's headlines" move media and infringement opinions. National Copyright Administration, Beijing Municipal Copyright Bureau, attended the news conference.
"Today's headlines" two models of pirating and infringement of misleading users suspected of unfair competition
According to the Sohu company, today's headlines there are two main modes of infringement.
First is the direct access to copy using the mobile version of Sohu, Sohu Sohu's news articles and pictures in the client. Its presentation to "transcode" that crawl the content of third-party news page, converted to XML stored in your server, users browse news, XML content through the APP and turning it into information page presented to the user; after passing through the mass media coverage in the near future, today's headlines are under pressure to stop to Sohu transcoding of content infringement.
Now, today's headlines took second on the Sohu's infringement of copyrighted content, but also more discreet "deep linking" form, that uses the APP's built-in browser frame nesting display third-party news page also sets the upper end of its mobile software, Web link address of the original but at the same time, today's headlines on the page increases your own promotional content, comments and so on.
In the Swiss lawyer firm Li biography lawyer said: today headlines in page in the directly copy and "depth links" Sohu company copyright content, constitute on Sohu company copyright of directly violations, while, today headlines in its mobile end software of page top set original links address, deliberately manufacturing today headlines website and original website of confusion, makes user errors think is in original links address State Xia of browse and comments, also delete has SOHU original page in the of advertising, Claimed the flow of this original site click and original advertisement interests, but in their own mobile start page, you set the ads, which seek to profit, constituted unfair competition.
Accused of infringement, external argued that today's headlines for search engines, and Sohu staff said, "according to search engine Robots Protocol, not allowed to crawl the content without authorization, but today's top story was never as published as a search engine robot user-agent, cause we can't shield each other grabbing infringement. Moreover, today's headlines on the third-party content sources privately nested ' reading ' and ' comments ' content and controls, content guides users in their own portal with others for further reading, result in users not being able to continue on the path of reading. With search engines ' diversion ' behavior are quite different. ”
Copyright protection of new technology development should not be ignored
Mobile Internet and the development of new technologies, but also brought a lot of new questions on copyright, pirating and infringement of the aggregate, deep linking, and other more subtle patterns began to emerge. In fact, for "today's headlines" and other products led to deteriorating conditions of copyright protection, the media industry as a whole has been reflection.
Previously Beijing News had published editorial think, "today headlines" of slogan is "we not production news, we is news of Porter", but problem is, its handling of not only is news, more is copyright, so-called of "news Porter" of claims, cover has tort of facts, "through operators itself behavior show news of way, in copyright method field is typical of tort behavior, this already is both at home and abroad copyright judicial practice in the reached of consensus. ”
At the press conference after the "Salon of mobile media copyright in the Internet age", China Entrepreneur Magazine Executive Editor He Yifan Cheng Lingfeng, well-known media people, former Fortune magazine managing editor Zhou Zhanhong, tahota law firm, Beijing law firm Liu Wu lawyers lawyer can't infringement and moved to today's headlines Copyright point of view.
"The practice of today's headlines is the apparent infringement, there are explicit legal provisions, but also judgement basis. "Wu tahota law firm lawyers pointed out that" today's headlines "already poses a radical challenge to traditional media, hoping that all the media industry, especially traditional media set up federations maintain the copyright.
"' Today ' does not write the news, or purchases from traditional media like a portal content copyright, but relies on its technical superiority to crawl news, featured news, transcoding screen optimized by the mobile advertising news site users, while themselves through advertising revenues. "Shanghai large State law firm senior partner, lawyer you yunting believes that" today's headlines "as an emerging medium, do not produce their own content, higher valuations than the 21st century business Herald, the Chinese saying that" stick kills old master ".
As some industry persons calls for, Internet development will brings various technology, like "today headlines" such of network application rookie will endlessly, but technology of development not should brings copyright protection of deteriorated, if copyright protection have not to media industry who, and public, and capital party and Government of attention, even "today headlines" this company not exists has, more similar of small company will "savage growth", took this block market, this alternative effect eventually will led to real of content producer cannot survival, then effects general user.
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