Hello, 1. What is online infringement?

Internet infringement, as the name suggests, refers to infringement behavior that occurs in the online environment. The so-called network refers to "the connection of multiple computer systems with different geographical locations and independent functions through communication equipment and lines, and the use of fully functional network software (i.e., network communication protocols, information exchange methods, network operating systems, etc.) to realize the network A system for sharing resources. "Online torts are essentially the same as traditional torts, that is, the perpetrator infringes upon the property and personal rights of others due to fault, and should bear civil liability according to law, and should be held responsible according to special provisions of the law. Other acts that cause harm to others are subject to civil liability.

2. What are the types of Internet infringement?

Internet users use the Internet to infringe on the civil rights of others, which can generally be divided into the following types. :

(1) Infringement of personality rights mainly manifests as:

1. Misappropriation or impersonation of other people’s names, infringement of name rights;

2. Permitting the use of other people's portraits infringes on portrait rights;

3. Publishing articles that attack or slander others, infringing on reputation rights;

4. Illegal intrusion into other people's computers or illegal interception of other people's transmissions Information, unauthorized disclosure of other people's personal information, sending large amounts of spam, and infringement of privacy rights.

Specific personality rights include body rights, life rights, health rights, freedom rights, privacy rights, name rights, and portrait rights. Rights, reputation rights and honor rights. Cyberspace is a virtual space, but it is not illusory. It relies on the objective existence of real society. Judging from the current situation, there are still illegal behaviors that infringe on personality rights. For online infringement of reputation rights, portrait rights, and name rights, as long as the victim can take up legal weapons to hold the infringer accountable, his or her legitimate rights and interests can be protected.

Our country’s Constitution stipulates, “China. The residences of citizens of the People's Republic of China are inviolable. Illegal searches or illegal intrusions into the residences of citizens are prohibited. "The freedom of communication and confidentiality of communications of citizens of the People's Republic of China are protected by law." Article 140 of the "Opinions on Several Issues concerning the Implementation of the General Principles of the People's Republic of China and Civil Law" stipulates that "publicizing other people's privacy in written, oral or other forms, or fabricating facts to blatantly vilify the personality of others, and using insults, slanders, etc. to damage others' If the reputation of others is affected to a certain extent, it shall be deemed as an act that infringes upon the citizen's right of reputation.

Article 7, paragraph 3, of the "Answers to Several Issues Concerning the Trial of Cases concerning the Right of Reputation" clearly states that any violation of the right of reputation by others shall be deemed as infringement. Agreed, publishing other people’s privacy without authorization and causing damage to the person’s reputation should be considered as infringement of other people’s reputation rights. 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 also in the online environment. Receive legal attention and protection

(2) Infringement of property interests Based on the convenience and commercial nature of online activities, it is common to infringe on property interests through the Internet, such as stealing funds from other people's online bank accounts. , and the most typical one is the infringement of online virtual property, such as stealing other people's online game equipment, virtual currency, etc.

(3) Infringement of intellectual property rights. The main manifestations are infringement of others' copyright and trademark rights:

1. Infringement of copyright. Such as digitally transmitting other people's works without authorization, circumventing technical measures, infringing on databases, etc.

2. Infringement of trademark rights. For example, using someone else's trademark on a website, deliberately misleading consumers into thinking that the website is the trademark owner's website, maliciously registering a domain name that is the same or similar to someone else's trademark, etc.

Article 36 of the "Tort Liability Law of the People's Republic of China" Internet users and network service providers who use the Internet to infringe on the civil rights and interests of others shall bear tort liability.

3. According to legal provisions, copyright includes personal rights and property rights, as follows:

(1) Personal rights: publication rights, signature rights, modification rights, and rights to protect the integrity of works. .

(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 unit. 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 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 digitization Dissemination is one of the ways works are used.

3. How to determine the court with jurisdiction over Internet infringement

my country’s civil litigation laws adhere to the principle of geographical jurisdiction over infringement cases: the place where the infringement occurred and the defendant’s domicile. For example, Article 28 of the Civil Procedure Law of the People's Republic of China stipulates that lawsuits filed due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or the defendant's domicile. In order to clarify the place of infringement, the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" came into effect on February 4, 2015.

Twenty-fourth Article 28 stipulates: The place of infringement specified in Article 28 of the Civil Procedure Law includes the place where the infringement is committed and the place where the result of the infringement occurs. In this explanation, in view of the increasingly active information network, a more specific and clear definition is made of the place where the infringement is committed and the place where the infringement results occur. Article 25 of the Interpretation stipulates: The place where information network infringement is committed includes the location of computers and other information equipment that commits the alleged infringement, and the place where the infringement results occur includes the domicile of the infringed person.