Definition of network infringement: network infringement, as its name implies, refers to the infringement that occurs in the network environment. The so-called network refers to "a system that connects multiple computer systems with different geographical locations and independent functions through communication equipment and lines, and realizes resource sharing in the network with perfect network software (namely, network communication protocol, information exchange mode and network operating system)." Internet tort is essentially the same as traditional tort, that is, the actor infringes on the property and personal rights of others because of his own fault, and should bear civil liability according to law, as well as other acts that cause damage to people as specified by law.

Second, the types of network infringement

Internet users use the Internet to infringe upon the civil rights and interests of others, which can be roughly divided into the following types:

(A) is an infringement of the right to personality. Mainly as follows:

1. stealing or counterfeiting other people's names, infringing on the right to name;

2. Using another person's portrait without permission, infringing on the right of portrait;

3. Publish articles that attack, slander others and infringe on the right of reputation;

4. Illegally invade other people's computers, illegally intercept other people's transmission information, disclose other people's personal information without authorization, send a large number of spam, and invade privacy. The increasingly developed network has condemned the uncivilized and immoral phenomenon of society to a certain extent, but is human flesh search legal because of the lack of necessary legal norms? How to judge whether the network information is leaked? The Tort Liability Law stipulates the network tort liability for the first time. The regulation later clarified that Internet users and Internet service providers should bear tort liability for using the Internet to infringe upon the civil rights and interests of others, and stipulated the handling principles, which filled the gap in the infringement of others' reputation rights by the Internet. Typical case: Not long ago, a post of Zhengzhou police sweeping pornography was circulated on the Internet, which contained many photos and videos of investigating pornographic places on the spot, and even nude photos of prostitutes. How to protect the legitimate rights of the public in the era of Internet prevalence? How to supervise the network as a media? As we all know, the video and photos in this case involve the right to privacy, and netizens still publish them publicly while the website knows about it but does not take any measures.

Netizens and websites should be jointly and severally liable for such acts that infringe upon the civil rights and interests of others.

(2) Infringement of property interests. Based on the convenience and commercialization of online activities, it is not uncommon to infringe on property interests through the network, such as stealing funds from other people's online banking accounts, and the most typical one is infringing on online virtual property, such as stealing other people's online game equipment and virtual currency.

(3) Infringement of intellectual property rights. Mainly manifested in the infringement of copyright and trademark rights of others:

1. Copyright infringement. Such as unauthorized digital transmission of other people's works, circumvention of technical measures, infringement of databases, etc.

2. Infringement of trademark rights. Such as using other people's trademarks on the website, deliberately making consumers mistakenly think that the website is the website of the trademark owner, and maliciously squatting domain names that are the same as or similar to other people's trademarks.

Article 36 of the Tort Liability Law of People's Republic of China (PRC) * * * Internet users and Internet service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability.

Through Bian Xiao's introduction, we can know that the determination of network infringement mainly depends on whether it will harm the interests of others, and if it will, it will be liable for compensation. I hope you can understand. If you have any questions about the above related contents, you can consult relevant lawyers.

Tips:

The Civil Code came into force on 202 1 1, and the Marriage Law, Inheritance Law, General Principles of Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Principles of Civil Law were abolished at the same time. If it involves the infringement problem stipulated in the civil law #

click here

# View! If you need help, you can # consult an infringement lawyer #