Plus the "essence", should the platform bear the liability for infringement?

Adding "Essence" for recommendation is a great weapon for the forum and other network service providers to attract users with "excellent" network posts. But things have two sides, plus "essence" is also a double -edged sword. Only by standardizing can it not hurt itself.

Recently, the Beijing Intellectual Property Court has concluded a second instance case that influenced the "essence" on the identification of platform responsibilities. Let's take a look at the details of the case!

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Introduction to the case

A appellant Beijing Zhide Diankang Electronic Commerce Co., Ltd. (referred to as Zhide Diankang Company) operated Aika Auto Network "Golf Tourive Forum" section, user "I am super Aitada" in July 2020 "If you if you It is a good place to go to Xinjiang in the distance. "This article uses 41 photography works that the appellee Deng enjoys rights, and the article is designed by the moderator as" Essence "post.

Deng believes that Zhide Diankang's behavior infringes the right to spread the information network of the work information, and filed a lawsuit with the court. The court of first instance determined that the behavior of Zhide Diankang Company constituted an infringement, and judged that Zhide Diankang Company apologized and compensated economic losses. Zhide Diankang Company did not accept it and appealed.

The Beijing Intellectual Property Court considers that the "essence" involved in the case is a recommendation behavior. The website operator has a higher obligation to whether the content of the network stickers is infringement. The liability for infringement, so the verdict was rejected and the original sentence was maintained.

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Judge interpretation

Article 12 of the "Supreme People's Court on the Civil Dispute Cases of Civil Disputes on the Communication of Information Networks" stipulates that "if one of the following circumstances, the people's court may determine the provision of information storage space services according to the specific situation of the case and the situation of the case. Network service providers should know that network users infringe on information network communication rights: (1) placing hit film and television works on the homepage or other main pages, etc. The themes and contents of the work are actively selected, edited, sorted, recommended, or set up a special list for them; (3) Others can clearly perceive related works, performances, and recording and video products. Situation of reasonable measures. "

In this case, the courts of the two trials believe that the results of the web management of the website involved in the case will be a recommendation behavior. It can make more users browse the work, thereby expanding the scope of work dissemination. In this case, the website operator involved in the case should have a higher attention obligation to whether the content of the online sticker involved in the case.

Whether the "essence" constitutes a recommended behavior should examine whether the behavior belongs to the behavior of selecting part of the content in the overall content for positive differentiation introduction. If so, it reflects the artificial choice and intervention. However, if the network service provider uploads the content of all the users of its operating platform without any choice and does not attach any conditions, it cannot constitute a "recommendation" behavior, because the "essence" of this species has not formed It highlights the effect of other content.

At the same time, judging whether network service providers should be known to user infringement. The above behavior is only one of the measured factors, and it is necessary to comprehensively consider the types of infringing works, the popularity of the work, and the operating model of the network service provider. For example, when the work can be obviously aware of the possibility of the user's authorization authorized by the network service provider, the network service provider has a higher attention obligations.

Judge Tips

Network service providers should improve the operating mechanism of its own network platform, standardize the operation process and operation authority, strengthen the review of network user information, increase the protection measures for copyright protection, and further reduce the legal risks of operation.

Supply: Beijing Intellectual Property Court

Edit: Li Meng Yao Rihui

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