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What are the ways to infringe intellectual property rights on the Internet?

Types of Internet intellectual property infringement

1. Plagiarism and copying infringement on web pages

As far as a web page is concerned, it is generally composed of text, pictures, recordings, activities, etc. The elements of multimedia such as images. A web page can be regarded as a "compilation work", and any part of it is protected by copyright. As long as the selection or arrangement of the content on this web page is original, the specific content constitutes a work. Plagiarism, duplication, etc. will be suspected of infringement.

2. Online uploading and downloading infringement

Online uploading, when digitizing real-world works, including texts, films, music, etc., and then uploading them to virtual cyberspace, the original content must be respected. Copyright owner's rights. If the work is digitized and uploaded online without the rights holder's permission (including implicit consent), it constitutes infringement. my country's Copyright Law, revised in 2001, clearly defines such behavior as an infringement of the author's right to information network dissemination.

Corresponding to online uploading, downloading works created on the Internet and publishing, distributing and disseminating them in non-electronic ways without the permission of the right holder and does not fall under the "reasonable copyright" When using", it is suspected of constituting infringement. Because online creations are protected by copyright, if publishers or book and audio-visual companies download and publish the works without authorization, it will constitute infringement.

3. Online reprinting infringement

Newspapers and publishers have no right to use digital media without permission or to allow others to use individual published works. There is an exception in our country, that is, the "compulsory license" for reprinting in newspapers and periodicals: Works that have been published in newspapers and periodicals can be reprinted on the Internet, unless the copyright owner declares or the newspaper and periodical publisher is entrusted by the copyright owner to declare that no reprinting or excerpting is allowed. However, Remuneration should be paid in accordance with relevant regulations and the source should be indicated. However, if the work reprinted or excerpted by the website exceeds the scope of the work reprinted by the relevant newspapers and periodicals, it shall be deemed as infringement.

4. Internet link infringement

The value of Internet links and the superiority of technology are valued. It is generally believed that ordinary links provide link channel services. The link setter is like a guide. The server only stores a document composed of hypertext markup language instructions containing the URL of the link object, and neither copies nor disseminates the linked content. Therefore, it does not No infringement. Even infringement is indirect (contributory) infringement, that is, when the service provider who provides the link channel knows that the link points to an infringing work, he is obliged to stop the link channel service in a timely manner to "suppress the infringement." Otherwise, it will constitute contributory infringement.

5. P2P software infringement

P2P software is a new development of early personal transmission technology. P2P can be said to be the greatest revolution of the Internet after the World Wide Web. Today, almost every netizen is using this method to freely download digital music and movies from the Internet. When using P2P to download files, the actual infringer is the user. If a user uploads or downloads works without the permission of the rights holder, it does not constitute fair use for personal study, research or appreciation of other people's published works, and his behavior infringes upon the right holder's right of reproduction and information network dissemination.

If the P2P service provider still provides services despite knowing that the user infringes, or fails to take measures such as removing the infringing content to eliminate the consequences of the infringement after being warned by the rights holder with solid evidence, he will be responsible for the consequences of the infringement. The network user's liability for copyright infringement (or assistance). As a result, P2P service providers often become the scapegoat for thousands of infringing users, because it is neither cost-effective nor fundamental to pursue individual network users.

However, the above principles also establish a safe harbor system for network service providers. That is, service providers who automatically provide uploading, storage, linking or searching services without making any edits, modifications or selections on the stored or transmitted content are not obligated to review whether the uploaded, stored, linked or searched content infringes upon the copyrights of others, and We only assume the obligation to remove relevant content after receiving notification from the rights holder. This creates an opportunity for search engines such as Google and Baidu to survive, because they have no obligation to review whether the content they provide is infringing.

6. Domain name squatting infringement

The most typical example is the squatting of well-known trademarks. Generally speaking, it means that the perpetrator maliciously registers and sells domain names for the purpose of profiting from other people's trademarks. The basic characteristics are as follows: preemptively registering other people's well-known trademarks, trade names and other commercial signs as domain names without using them themselves, but for the purpose of selling, leasing or otherwise transferring them for profit.

Others are intended to damage the reputation of well-known trademark holders and mislead the public. These are all unfair behaviors of maliciously registering domain names. Involves copyright infringement issues such as icons.

7. Online game infringement

As the online game industry has become the highlight of the Internet economy, online game infringement incidents are becoming more and more frequent. Infringers generally engage in infringement and piracy activities of Internet games by stealing the source code of online games, destroying technical protection measures, and using "private servers" and "plug-ins". The most typical way is to set up a server privately and operate online games that are copyrighted by others.

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