Banyan tree……………. crusade against Baidu

Chinese culture library Baidu recently sparked outrage by publishing industry.

March 15, Jia, Liu Xinwu, Yan, Murongxuecun other 50 writers signed a petition, launched the “three hundred and fifteen book discussion Baidu,” Baidu accused of stealing library all works writers, the consumer is free. President Chen Haobo sharpens Books Library Baidu to complete more, said the “biggest piracy in human history” and “thieves in the act.”

Shen Haobo is one of the organizers of the action. The other organizers would be the Copyright Society of Chinese characters.

In the “Declaration” of the drafters of the Murongxuecun writer seems to Baidu, nonsense and blatant piracy. He said: “One day, suddenly found my works, including seven ministers articles, short articles, and did not finish the novel are to be transferred to Baidu library … … almost every novel has a large number of downloads Baidu is to win benefits of free advertising. “

However, Baidu” theft “is ingenious. 2010 textbook, co sharpens iron States company, Shanda Literature bursts of 3 times a no argument put links on Baidu library piracy and infringement inventory work, they are being blocked Baidu back. textbook, co Zhang Hongbo Deputy Director-General introduced the reason Baidu: Baidu as the largest library in China’s online documents sharing platform, its mode of operation by users upload and share work load are not infringement, Baidu does not know that there is no reason to understand.

Year until the end of November, a great literary website in Shanghai sued Baidu. Hou Xiaoqiang said Shanda Literature CEO once famous novel of Shanda Literature, more than 95% of Baidu is still pirated to the library, to the great losses caused by a lot more than 10 billion a year. Hearing the situation, Baidu their own way.

Baidu in the international market also offers disreputable. March 5, Office of the United States Trade Representative (USTR) to Baidu appears as “Bad market.” Japan also offers a number of publishing the likes of Baidu in the recent prosecution of infringement.

March 16, China Audio and Video Association Act Commission issued a protest letter asking Baidu to prevent illegal downloading of MP3 files. On the same day, Li Guoqing, CEO Dangdang Baidu piracy within the microblogging protest April 1 said hello would cease advertising on Baidu. March 19, “Ten album in March,” musicians like Zhou Yun Peng United published an open letter, calling the organization to give up Baidu MP3 Baidu to prevent piracy ads before.

was Baidu Library “theft” of the roles of users “VictorPih” the practice of library Baidu many schools in violation of intellectual property rights and scholars author, however complaints, “once the tube through Baidu? ”

Under the banyan tree, one commentator said only: half of Baidu traffic and violation of intellectual property can not escape. Piracy and counterfeiting, had penetrated his bone marrow.

According to Shen Haobo he said an argument issued 3.15, president of Baidu Robin Li, cigerettes president in charge of communication in the future, agreement between their parties within the pre-festival of Ching Ming negotiations. March 22 textbook, co negotiating team happen to be identified, including Zhang Hongbo, Shen Haobo et al.

Baidu Library called “piracy” of the long-term coauthored 50 books would be a very serious expression: “If all the books are free to view, such as a continuing long, won “books to see.”

GAPP also began to stand. March 21, Deputy Director of the National Administration of Copyright Yan Xiaohong, deputy director, who met with Chen Haobo, he said he asked Baidu rectification.

National Administration of Copyright Wang Ziqiang said southern weekend Secretary author interview the council to offer the rights of authors on the basis of the law, make a call by works and also to encourage people, including corporate law, business integrity, and said, “regardless of company size where the offense or violation will investigate and punish.” the Rights Division Author2 interviews end of Baidu, Baidu early March to submit a rectification report, the council has instructed the Office of Copyright Beijing for further investigation.

piracy “safe haven”?

Shred the area of ​​public opinion face, Baidu fact is full of official discourse. March 22 interview Baidu with Southern Weekend, the organization said, claiming that “Baidu attaches great importance to the field of protection of intellectual property on the Internet”, “found that when the writer and library reproduction rights when the consumer up content infringement, provided through the library feedback Complaint Center and, after verification, Baidu will be carried out in accordance with the law within two days of proper treatment “

library Baidu also said :. They are to be identified in efforts to build the new technology of copyright, I hope that in the source control to load pirated works, this new technology is expected to close online operation.

Baidu this gesture, many authors discontent. “Tort became man.” Murongxuecun feel helpless.

“Baidu may be the current law to the operating mode of the huge space.” Outlines lawyers and academics, Shi Wei Lin designed a consistent view is different in emotional judgments. the Law Commission of e-commerce Beijing University of Posts and Telecommunications Research Center Network for Legal Studies It worked within the Network of Beijing Lawyers Association and Information.

July 1, 2006 implementation of the “Ordinance Transmission Network Information Protection Law,” Article 22, paragraph 3, is called “safe haven principle” which refers to the network storage provider when the “do not know with reasonable grounds to understand the service object provides the works, performances, video and audio products infringement” and does not constitute infringement. According to the “judicial interpretation of copyright around the Internet” the Supreme Court, only within the utility “knows or should know” it remains be handled fraudulent works, does not fulfill the duty of care constitute infringement.

According to this principle, an author finds his work being pirated, rights of way “notice – delete”. The response showed Baidu, Baidu has about 40 people team handling complaints, writers provided the feedback Complaint Center library, Baidu will be verified within two days and quickly deal with legal consequences.

However, the opportunity to detect piracy, the suppression of Baidu is extremely small, a lot of piracy is not aware of once the author has spread. The performances until, piracy is still flooded, Baidu has a large by advertising revenue.

Furthermore, the author does not want to take much more of his work, but want to share this part of income. However, to get into the mouth of Baidu fat to spit it out, according to the current system, the only method is to negotiate, negotiations can not be a procedure.

Civil proceedings “who argue that the evidence” rule, victims could have the force to return weak weakened. A strong financial background, large companies, to prove their duty of care to complete, do not know piracy is very easy, but for the writer, evidence of Baidu, “knows or should know” is actually also deliberately indulgent pirate it is very difficult and cumbersome. “Safe harbor” was created in 2006, Baidu and Universal, Warner, along with other major record companies experience 7 about the source of demand for copyright. In 2005, Baidu your site directly to MP3, the fiasco demand. Baidu then change the mode of operation, only the link address. Baidu information directly into the network providers, right in Internet search engine providers, links and third-party storage. This transfer of responsibility to the individual user’s body. In the Internet era, he carried out the responsibility of individual users is difficult.

In 2008, the Baidu lawsuit against seven major record companies comeback are confident that the “safe harbor.” The court found that the search engine Baidu MP3 Internet to search for content on the site to upload these MP3, Baidu does not recognize, predict and control the legitimacy of these MP3. “This principle is in the United States,” Digital Millennium Copyright Act “to learn, however, was not adequate for the protection of property rights in China.” He argues that because of the power and capital combine to create a monopoly and undermine the exchange of knowledge and balance of copyright protection.

Zhang Hongbo and Shen Haobo believes that Baidu abuse of the “safe harbor”, producing a de facto law is difficult to investigate a lot of piracy.

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Baidu continues abusing “safe haven principle” the judge how to apply the “safe harbor”?
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