E -commerce platform piracy books form a gray industrial chain to cooperate with co -governance to combat piracy

Not long ago, in the selection of live broadcast rooms in the East, "History of Chinese Philosophy" sold out after being launched, and the sales quickly exceeded 10,000, so that this scene allowed Liu Xiaochun Shocked.

"With the help of e -commerce platforms," ​​History of Chinese Philosophy "can be sold for emergency addition. In my opinion, this is a miracle that created Internet culture." Liu Xiaochun said, but on the other hand , Pirate books also take advantage of the "Dongfeng" spread by the Internet, and cannot be ignored.

In recent years, thanks to Internet technology and e -commerce platforms, online books are more convenient and fast, but at the same time, pirated books have also rampant on e -commerce platforms, seriously squeezing the market of genuine books, affecting the enthusiasm of the author's creation. Obstructing my country's cultural development and innovation. In addition, the quality of pirated books is poor and the content is wrong, which will trouble readers to obtain knowledge, and even use harmful materials to seriously endanger readers' physical and mental health.

Du Ying, a professor at the School of Law of the Central University of Finance and Economics, believes that the protection of book copyright requires multiple parties to participate and coordinate co -governance. The platforms, government, right holders, platform operators, users, industry organizations and other subjects should assume corresponding responsibilities to form a joint force to combat pirated book infringements, maintain a healthy green platform book market ecological environment, and achieve win -win situation.

High profits attract e -commerce to sell pirated books

The "Book Retail Market Report in the First Half of 2022" shows that the scale proportion of online channels online channels in the book retail market in 2021 accounted for nearly 80%.

With the help of e -commerce platforms, some users of popular books have skyrocketed. Writer Liang Xiaosheng's live broadcast in "Douyin 818 Discovery Good Things Festival" sold more than 20,000 single "The World", becoming the number one best -selling book in JD Book in the first half of the year.

Some "unpopular" books have also ushered in "new life" with the help of e -commerce platforms. After reading "We and the World", the book master Ma Lanhua thinks that this book is very suitable for children to read, so it is recommended to netizens on the short video platform, so that this book that has not been sold on the Internet has been sold within one month before this book. Nearly 7000 volumes.

At the same time, pirated books have gradually flooded on e -commerce platforms. Some pirated books on some e -commerce platforms even squeezed the genuine book market. In the case of piracy and sales of pirated books detected in many places in recent years, pirated bookstores can sell hundreds of thousands or even millions of books each year, and the annual sales amount has reached millions of yuan or even tens of millions of yuan.

"Merchants are attracted by high profits by pirated books, and they are lucky. Even if they are discovered, they usually lose great losses, which breeds the powerful industrial chain behind pirated books." Liu Xiaochun said that in this gray industry In the chain, the operations and batch operations of various links are very mature and professional.

The pirated books on the e -commerce platform have formed a "supply and marketing" gray industry chain.

E -commerce pirated book transactions are difficult to obtain evidence collection

Since 2005, my country has carried out the "Jianwang Operation" to combat network infringement piracy for 17 consecutive years, and has achieved significant results, and the Internet copyright environment has been significantly improved. But it is undeniable that pirated books on e -commerce platforms still exist.

"Books for e -commerce platforms are often published online information, offline delivery, and judging whether the book is pirated. It mainly relies on product description, seller statement and interpretation. It's just drainage. The transaction is carried out on other platforms. The judgment link is longer and the uncertainty is higher. "Liu Xiaochun said that the e -commerce platform pirated book governance is facing difficulties in judgment and collaboration. important reason.

Du Ying believes that compared to the sale of traditional pirated books, the sales of pirated books on the e -commerce platform have strong transactions, wide sales, large quantities, and difficulty in authentic sale, and difficult to determine evidence.

"Even if you discover pirated books, it is not easy to successfully defend protection." Du Ying said that for copyators and publishers, pirated book vendors of e -commerce platforms appear in a large number of individual forms. High, the return is relatively small, and even if a shop is seized, another shop will appear on the platform, caught up with a "mouse strange circle" that cracks down on points.

In Liu Xiaochun's opinion, for related interests such as copyright owners, publishers, and consumers, the protection of genuine is facing problems such as difficulty in proof, long rights protection cycle, low compensation, and low efficiency, so that pirated books are organic. In addition, the current book governance of the e -commerce platform has not yet formed an effective collaboration mechanism for all parties. There are still many places that need to be improved in terms of clues, information sharing, joint action, and joint punishment.

The e -commerce platform shall bear the corresponding subject responsibility

In recent years, relevant departments have carried out special operations many times, strictly rectified pirated books, and many times have listed e -commerce platforms as key supervisors.

In February of this year, the Copyright Administration of the Central Propaganda Department, the Printing and Distribution Bureau of the Central Propaganda Department, the Anti -Illegal Anti -Prohibition Bureau of the Central Propaganda Department, the Food and Drug Crime Investigation Bureau of the Ministry of Public Security, the Department of Education's Teaching Materials Bureau, the Cultural and Tourism Cultural Market Comprehensive Law Enforcement Supervision Bureau Jointly launch the "Youth Copyright Protection Season" operation, severely rectify the infringement piracy chaos in the fields of teaching materials, children's books and other fields, and require strengthening supervision of e -commerce platforms and implementing the main responsibility of e -commerce platforms.

E -commerce platforms are also continuously strengthening governance methods to create healthy and formal book sales channels. For example, Douyin E -commerce launched the intellectual property protection platform IPPRO in 2021, which has provided services for more than 7,300 right holders and 11,000 intellectual property rights to register rights protection. It has accepted more than 57,000 infringement complaints, and exceeded 60,000 infringement links. Du Ying pointed out that e-commerce platforms should establish protection rules and "notification-deletion" mechanisms in accordance with the law to actively explore the protection of book intellectual property rights.

At present, the legal norms of the copyright protection of e -commerce platforms are mainly reflected in the Civil Code and e -commerce law. Although the general provisions of the infringement of the infringement of online users and network service providers in Article 1,194 of the Civil Code to infringement of online users and network service providers are not specifically for e -commerce users and e -commerce platforms, it is determined The subjective requirements of the indirect infringement judgment of the network service provider and the "notification-deletion" mechanism are not essentially different from the e-commerce law.

Du Ying believes that in addition to legal obligations, the platform can also take other autonomous measures. For example, for different complaints, the platform can be classified according to the results presented by the previous transaction big data and complaint big data, and set a whitelist and blacklist based on this. Its rights protection requests can be relaxed for review, and even set up green channels for them to speed up the handling of their complaints. For malicious complaints reflected in the data, we must focus on the review of the notice, and take effective measures to prevent it from making repetitive malicious complaints.

Information sharing linkage and collaboration form a combination of strike

From the perspective of many experts, relying only on the "single fighting" of e -commerce platforms, and the healthy ecology of the copyright protection of the e -commerce platform is not yet available.

"At present, the contradictions and disputes in the field of online copyright are still severe. Pirate products on the e -commerce platform are still sold. Protect intellectual property rights and crack down on infringement piracy is a long -term, complex and arduous task, and it is also a task that requires multiple cooperation." He Guangyu, chairman of the Beijing version of the Fifteenth Anti -Pipering Alliance and Deputy General Manager of the Business Press.

In recent years, the exploration of multi -party cooperation has begun. For example, e -commerce platforms such as Alibaba, Pinduoduo, and Douyin have signed a book copyright protection cooperation agreement with the Beijing version of anti -piracy alliance and children's publishing anti -piracy alliance.

Moreover, the positive effect has also appeared. For example, Douyin e -commerce took the initiative to capture and analyze the infringement clues with the help of the platform technology system. Last year, he assisted the police to combat 17 infringement cases and arrested 150 criminal suspects, involving the amount of over 260 million yuan.

"E -commerce platform book copyright protection calls for multiple co -governance. Only through multi -subject co -governance, online and offline co -governance can achieve governance goals." Du Ying said.

Relevant departments, while carrying out the key combating pirated books, should promptly improve the relevant policies and measures for the protection of e -commerce book copyright protection, and supervise the platform in accordance with the law; e -commerce platforms must take responsibility in accordance with the law to increase governance efforts; users must refuse pirated books. , Platform merchants must operate in accordance with the law; copyright owners, publishers and other rights holders should actively protect their rights ... Du Ying believes that subjects must assume corresponding responsibilities in order to form a joint force to combat pirated books.

"Rights, publishers, consumers, e -commerce platforms, industry organizations need to establish a linkage mechanism for clues, information sharing, joint operations, and joint punishment." Liu Xiaochun suggested On the basis of effective governance mechanisms such as rapid rights protection green channels, it can share linkage between various platforms and channels, promote the formation of corresponding standards and regulations, and lay the foundation for the construction of a unified, coordinated and comprehensive governance mechanism for the industry.

Source: Rule of Law Daily

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