Internet infringement refers to infringement behavior that occurs in the online environment.
What are the online infringement behaviors?
1. Infringement of personality rights online
? Specific personality rights include body rights, life rights, health rights, freedom rights, privacy rights, name rights, portrait rights, reputation rights rights and honor.
Cyberspace is a virtual space, but it is not illusory. It relies on the objective existence of real society. There are still illegal behaviors that infringe on personality rights on the Internet. Judging from the current situation, as long as the victim can take up legal weapons to hold the infringer accountable for online infringement of reputation rights, portrait rights, and name rights, his legitimate rights and interests can be protected.
Our country's "Constitution" stipulates that "the residences of citizens of the People's Republic of China are inviolable. Illegal searches or illegal intrusions into citizens' residences are prohibited." "Correspondence of citizens of the People's Republic of China "Freedom and confidentiality of communications are protected by law." Article 140 of the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of the General Principles of the People's Republic of China and Civil Law" stipulates, "Promote the privacy of others in written, oral or other forms, or Fabricating facts to blatantly vilify other people’s personalities, and damaging other people’s reputations by means of insults, slanders, etc., which causes a certain impact, shall be deemed as infringement of citizens’ right to reputation,” Article 7 of the Answers to Several Issues Concerning the Trial of Reputation Rights Cases. The third paragraph clearly states that anyone who publishes other people's privacy without his/her consent and causes harm to his/her reputation shall be deemed as infringement of the right of reputation of others. It can be seen from this that the right to privacy has not only gradually emerged as a specific personality right in our country's law, but has also received legal attention and protection in the network environment.
2. Copyright infringement online
According to legal provisions, copyright includes personal rights and property rights, as follows:
(1) Personal rights: right of publication, The right to authorize, modify, and protect the integrity of the work.
(2) Copyright property rights: reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, filming rights, adaptation rights, compilation rights, translation rights and other rights that should be enjoyed by the copyright owner.
With the widespread use of the Internet, there are endless acts of copyright infringement on the Internet. For example, many websites upload their works to the Internet without the consent of the copyright owner; they reprint news without signing a licensing contract with the news organization. News released by the unit; spreading smuggled and pirated audio and video products online, etc. Correspondingly, the courts are accepting an increasing number of cases involving Internet copyright disputes. The "Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Infringement Disputes" stipulates the determination of the jurisdiction of cases involving network copyright infringement disputes; it includes digital works within the scope of copyright protection and clarifies that digital dissemination is one of the ways of using works. one.