Investigate the chaos of pirated books on online sales. Can one and two discount books be genuine?

Author:Changjiang Daily Time:2022.08.27

● The regular printing plant generally does not print pirated books, and most of the pirated books are printed by some small workshops. The reporter's investigation found that in the post -related post bar, posts that are sold and provided by printing books can

● Pirate behavior is concealed, it is difficult to find and stop it in time. The infringement costs of pirated book vendors are low, especially with the development of technology, the threshold for pirated books is getting lower and lower. However, the cost of rights protection is relatively high.

● The online e -commerce platform should actively take measures to stop pirated infringements more proactively, not only to take measures to delete or remove the shelves after receiving the infringement notice from the right holder. For merchants selling pirated infringement books, they should increase their punishment for sellers according to the platform rules and agreement content, such as the title, deducting margin, restricting the same operator to register the store on the platform and register the store again, etc.

● "Four Five Five Quick Reading" A set of 8 volumes is 143.8 yuan. The book is sold in major online bookstores, and the price difference is large. Some stores are priced at 140 yuan, some stores have more than 60 yuan, and some are less than 20 yuan

Not long ago, Ms. Shandong Wu purchased two sets of children's classification books "Lights on the Mountain" on a book specialty store on an e -commerce platform, each with a price of 327 yuan. At that time, the merchant claimed that the book was absolutely genuine and the quality was guaranteed. However, when Ms. Wu received these two sets of books, she found that she was a pirated book, and her subsequent road defending the road was twists and turns.

In fact, this is not the encounter of Ms. Wu alone. Recently, a number of consumers reported to the reporter of the Daily of the rule of law that they had bought suspected piracy books on different e -commerce platforms. The price of the book was low and the quality was poor, involving a variety of categories.

Recently, the reporter's investigation found that in the post -bar related posts, posts that are sold and provided by printing books can be seen everywhere, such as "printed various books, large prices and good prices, quickly coming", "all kinds of books can be printed", "book high imitation of books" "high imitation of books" , Normal order "and so on. After contacting the reporter, most of these posters were printed plants, and some books wholesale suppliers were also available.

Experts who are interviewed suggest that online e -commerce platforms should take measures to stop pirated infringements more proactively, not just to take measures to delete or remove the rights after receiving the infringement notice from the right holder. At the same time, copyright law enforcement agencies should also increase the behavior of selling pirated infringement books online, and severely punish pirated behaviors.

Buy pirated books online

The platform does not recognize refusal compensation

The reason why Ms. Wu suspected that she might have bought pirated books because she found that she found that there was no "one book and one yard" applet supporting service after receiving the book. Consultant, the other party said that the book purchased by Ms. Wu is a promotional model, and she does not talk about the related services of the small program.

"Even if it is a promotional model, the service should be talented!" Ms. Wu said that later she found that the name of the author in the "lamb on the mountain" she bought was the same book with the same book sold by other stores. The inconsistency of it was convinced that I bought pirated books.

Therefore, she sent one of the books to the brand of "Lao Mountain" to identify it, and the brand party answered verbally as a piracy. But the platform still does not recognize it, and Ms. Wu is required to issue an entrusted brand to identify the paper documents that are pirated.

Because there are no paper documents, the platform customer service immediately stated that there are three types of effective vouchers for identification: one is the appraisal report of the brand side; the other is the appraisal certificate issued by the copyright owner; The "counterfeit brand" letter can be submitted to one of them.

In desperation, Ms. Wu had to send the remaining sets of books to the publishing house, and the final identification results were pirated. Unexpectedly, the platform still did not recognize the identification results, and proposed that it required the appraisal certificate issued by the publishing house. Ms. Wu made a lot of commitment and lamented, "How can an ordinary consumer get an appraisal certificate?"

After that, Ms. Wu tried to contact the merchant. After presenting the relevant evidence, the merchant admitted that she issued a pirated book, saying that other customers returned the pirated book back to the warehouse. They did not pay attention to the inspection and accidentally sent it to Ms. Wu.

Ms. Wu believes that the reason for the merchant is perfunctory. "I retrieved the shop on a third -party complaint platform and found that there were more than 20 people who bought the pirated book in the store. Could these people buy pirated books that other customers returned?"

At present, the platform shuts down the shop and has also been set off. Ms. Wu is now unable to contact the shop, and the communication with the platform has also been in an impasse. She had to safeguard her rights and interests through judicial means. She filed a lawsuit in the Internet court. It hopes that the platform and shops can fulfill the promise of "fake one loss four".

In response, Cao Lingxiang, partner of Beijing BOC Law Firm, said that consumers who bought pirated books need to bear the responsibility for proof if the book claims that the book is pirated.

"If the brand and the publisher of the pirated book appraise the consumer to buy books as piracy, consumers need to sign an appraisal contract with the appraisal agency as a client, and then the appraisal agency will issue an appraisal opinion in accordance with the inspection materials. The book is evidence. "Cao Lingxiang said.

Li Zhaoling, a lawyer of Beijing Yingke Law Firm, said that according to law, e -commerce platforms have supervision obligations to the merchants. If consumers cannot find merchants or merchants refuse to pay, consumers can find platform claims or ask the provider to contact the provider.

Pirate book forming industrial chain

Publishing houses are also difficult to defend their rights

Ms. Liu in Qingdao, Shandong, bought a series of books "Four Five Five Quick Reads" and "Four Five Five Quick Calculation" published by Hunan Technology Publishing House in a certain line of books. After arriving in the goods, I found that the QR code of the book cannot be unlock the corresponding video course.

Ms. Liu told reporters that she contacted the publisher that she knew that each genuine book had anti -counterfeiting codes, but the books she purchased did not have anti -counterfeiting codes.

After that, Ms. Liu purchased genuine books from the publishing house, compared with the books purchased on the e -commerce platform before and found that not only the content of the copyright page is not consistent, but the quality of paper is different, but the price of pirated books is indeed lower than the price of the publisher's price. It takes a lot cheaper.

The reporter's investigation found that the book is a best -selling book, and the major bookstores are sold online, and the price difference is large. Less than 20 yuan.

To this end, the reporter interviewed Hunan Science and Technology Publishing House of the Book Press. According to the director of the publishing club, the pricing of this set of books is 143.8 yuan, and even related promotional activities generally will not be less than 100 yuan. Those books sold at a discount on pricing are likely to be pirated books. The paper and ink used in these pirated books are poor, and they cannot unlock the corresponding curriculum services. Such infringement seriously infringed the legitimate rights and interests of consumers and publishers.

Director Tong revealed to reporters that last year, the publisher had sued more than 100 online stores and asked the store to get off the books and immediately stop the infringement. Some of them were sentenced to the court, and some reached settlement. Because of the large and complicated workload of pirated books, the publisher did not have a special team to follow up.

"The store will give some compensation for the publishing house, but it is also a spear. As far as I know, these pirated books have an industrial chain, and there are several concentrated suppliers. What. "Director Tong said.

Director Tong told reporters that the role of cracking down on end stores is very limited. Every time a group of shops shut down, a number of new shops are launched and a number of new pirated books are on the shelves. After the publishers discovered that a group of shops were re -prosecuted, the circulation was very large, but it could not solve the root cause of the root cause. Therefore, the source of the pirated book through third -party rights protection agencies.

It is understood that if you want to publish books, you must first apply for a regular and legal book number at the publishing house. The printing plant must receive a printing order issued by the publisher to print, otherwise it will be considered pirated books. Therefore, regular printing plants generally do not print pirated books, and most of the pirated books are printed by some small workshops.

The reporter found many printing factories on behalf of printing on the Internet. The reporter searched for "pirated book wholesale" in a post bar. Many printing factories popped out for a while, and quickly contacted two of them. Both said that as long as the customer can provide the book electronic version, they can print the electronic version of The more printed quantity, the more favorable.

With the development of printing technology, the cost of pirated reprints has also greatly reduced. Pirate book vendors do not need to try to obtain the source documents of books, buy genuine books on the market, and scan into electronic printing.

Li Zhaoling said that sales pirated books not only affect the sales of genuine books, infringe on the interests of book right holders, and also constitute a destruction of public order in social public order. According to the provisions of the copyright law, the violation of the copyright is different according to the situation, and it is necessary to bear civil liability such as stopping infringement, eliminating impact, apology, and compensation for losses. Those who infringe on copyrights and harm public interests shall also bear administrative responsibility, such as ordering to stop infringement, confiscate illegal income, confiscate and destroy infringement replicas, and fines.

The cost of piracy is only a few yuan

Can be held on behalf of the platform

Mo Ming (pseudonym) of Yangjiang, Guangdong has bought pirated textbooks.

"At that time, I was ready to take the postgraduate entrance examination, bought a genuine book to study, and there were four sets of sprints. The merchants who sold the genuine books were not shipped. I went to other platforms to find a shop that can be shipped quickly, but I received it when I received it. I know it is pirated. "Mo Ming said.

Mo Ming told reporters that at first glance, this paper scanned the genuine book and made into electronic printing. The quality of the paper was very poor. Some content was crooked. Essence Compared with other genuine books in his hand, he is very obvious, but he is about to take the postgraduate entrance examination. He just wants to get the question quickly and have no time to defend his rights. But when the price was still the same as genuine, I felt that it was too much.

The reporter randomly contacted a printing factory that could print various books. A staff member of the printing plant told reporters that as long as they can provide electronic books or a sample book, they can be printed.

"The unit price is related to the quantity. The unit price of hundreds of books and thousands of books must be different. We generally start printed with 500 copies. If there is an electronic version, you can directly typeset printing. If it is a sample, then you need to scan You need to charge another fee. "The staff member said.

When the reporter asked the specific price, the staff member said that it depends on which book is printed, but also depends on the number of specific pages, paper size, printing quantity, etc., all affect the final unit price. If the general book requirements are not high, the unit price is about 5 yuan, and the full color printing will be more expensive, but the number of children's reading materials will be cheaper, and one or two yuan is also possible.

After that, the reporter asked for the name of the bookstore whether there were inventory books for sale. The staff member told reporters that they were just printing books and there was no spot. If you need the spot, you can go to post it, and there are many. The reporter then contacted several book wholesalers. The wholesalers said that they were selling genuine books, but some wholesalers said that they could run the business of e -commerce platforms.

After asking reporters, it is learned that in order to enter the e -commerce platform, the qualifications and many normal procedures are required, and these can be performed on behalf of the "one -stop". Some directly posted to recruit business, saying that "online publication business license packages, store transfer, operation operations, settlement, various types of stores are available, prices are good."

A salesman who claimed to be able to handle told reporters that the specialized bookstore that settled in the e -commerce platform needs the brand license and publication license of the publisher. These can all be processed on behalf of the person's ID card. The price of different platforms is different. Generally, 30,000 yuan to 60,000 yuan, about 20 days of the next certificate.

Pirate books are more than banned

Urgent need to reduce the threshold for rights protection

Why are there more than a lot of online pirated books?

"On the one hand, the reason is that merchants sell best -selling books; on the other hand, the reason is that some readers' subjective will may not exclude piracy." Director Tong said.

Li Zhaoling believes that there are two kinds of "power" in the circulation of pirated books. One is the motivation of the sales side. Once a certain book becomes a hot product, the profit is driven by profit. The hot product books, printers will also act, make pirated books, and then use the current Internet, logistics and other channels to find the seller.

Li Zhaoling said that the current circulation and sales models of pirated books are also diverse. The upper family and the next home of book circulation may not need to meet at all. Pirates are concealed, and it is difficult to find and stop it in time. The infringement costs of these book vendors are low, especially with the development of technology, the threshold for production of pirated books is getting lower and lower. However, the cost of rights protection is relatively high. Consumers or publishers need to invest a lot of economic costs and time costs through legal procedures, and the income is relatively small.

Li Zhaoling believes that more encouragement is required. In addition to increasing the amount of compensation, it is also an important factor to reduce the threshold for rights protection, reduce the request of the rights party, and simplify the rights protection procedure. Although many Internet courts have been established and a number of fast rights centers have been established, they need to be promoted nationwide to encourage more rights to safeguard their rights through law.

Regarding how to control online sales of pirated books, Zhao Zhao, a special researcher at the Intellectual Property Center of the University of Political Science and Law, suggests that the online e -commerce platform should take measures to stop pirated infringement more proactively, not just after receiving the infringement notice from the right holder Only measures to delete or remove. For merchants to sell pirated infringement books, they should increase their punishment for sellers based on platform rules and agreement content, such as title, deducting margin, restricting the same operator to register for stores on the platform.

At the same time, copyright law enforcement agencies should also sell online pirated infringement books, increase the efforts of administrative law enforcement, and take some technical measures to strengthen network monitoring. After receiving reports from the right holder, investigating this pirated infringement in a timely manner And handle.

(Source: Rule of Law Daily)

【Edit: Shang Pei】

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