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published in(发表于) 2014/8/21 8:39:24
Synchronize push had been fined， Fujian dealt with first mobile app store software infringement，

Synchronize push had been fined, Fujian dealt with first mobile app store software infringement-synchronize push, App Store, Apple's app store-IT news
Synchronize push had been fined, Fujian dealt with first mobile app store software infringement

Copyright Bureau of Fujian province recently released called Fujian mobile intelligent Terminal, investigated and dealt with, the app store software infringement notice synchronization push to provide "Choi Chan Professional Edition" software (cracked version) download, against the legitimate interests of the right holder, was fined 20000 Yuan.

Fujian mobile intelligent Terminal, investigated and dealt with, the app store software infringement cases full text:

According to the State Copyright Bureau and other four departments jointly carried out by the "sword-NET 2014" initiative requirements, Fujian Provincial Copyright Bureau real effort into focusing on digital copyright protection, and earnestly safeguard the legitimate interests of the right holder. Recently, the provincial copyright Bureau to guide cultural market comprehensive law enforcement team investigating the Xiamen City, Fujian province, the first mobile intelligent Terminal app store software infringement cases, in time to stop the infringement, the parties have been punished accordingly, not only safeguarded the legitimate interests of the right holder, was further purified the atmosphere of Internet copyright.

This April, Xiamen City cultural market comprehensive law enforcement detachment received a report. Whistleblower complaints synchronous network limited of Xiamen "synchronize push" platform "Choi Chan Professional Edition" software (cracked version) download and harm the legitimate interests of the right holder. Remote inspection and spot checks by law enforcement officers to identify client tries to use "safe harbor principles", available to the public via an information network without authorization link to download unauthorized software.

"Haven principles" of connotation is network service provides commercial non-due to its itself upload tort works, but website using who active upload, and share tort resources, network service provides commercial on this does not informed, by right people notification Hou, its immediately take reasonable measures stop provides the tort works of VOD service, according to legal of provides no longer held the network service provides commercial in right people notification Qian violations works copyright behavior of legal responsibility. But for a party knows or should know of network users to upload works for infringing work situations, in accordance with the regulations on the protection of the right to network dissemination of information article 23rd and the Supreme People's Court on trial of civil dispute cases violating the right to network dissemination of information provisions of the applicable legal provisions on several issues, not the application of the principle, and shall be liable together with the network users.

This case in the, Xiamen synchronization network limited operating of "synchronization pushed" on tort software upload process for has audit, on software of function for has clear of classification and distribution has products introduced description, to convenient user find, tort software of download page while also has genuine "fiscal Zen professional version" software in Apple app store of price and the download links, accordingly finds party should knows network user upload of works for tort works, still to general user provides tort software of download service, In violation of the relevant provisions of the regulations on the protection of the right to network dissemination of information, intentionally damaged the legitimate rights of the right holders shall bear tort liability. To this end, the Xiamen City cultural market comprehensive law enforcement detachment ordered to stop the infringing act immediately, and fined 20000 Yuan .

As the province of administrative law enforcement departments investigated and dealt with the first app store mobile intelligent terminal of infringement cases, in the course of investigation, law enforcement officers carefully studying the case against laws and regulations repeatedly demonstrated, collecting relevant evidence and forensic, laying a solid basis for investigating cases. Meanwhile, law enforcement personnel adhere to the administrative handling of the combination of punishment and education philosophy, handling, awareness and knowledge related to copyright law, enhance the awareness of copyright protection of the parties, request the parties to draw lessons, law-abiding business, at the same time urge them to set up a self-Agency and establish the relevant rules and regulations and account, improve enterprise's ability to operate in accordance with law.

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