With the booming development of the Internet, more and more enterprises choose to open websites. Shenzhen a home company is therefore caught in the infringement of the work information network transmission right dispute, all of which stems from the company ignored an action......
Brief of the case
In October 2021, Beijing Company A found that A website was illegally spreading many of its copyrighted works. After inquiring the ICP record information, Company A confirmed that the infringer was Company B, which is mainly engaged in home decoration in Baoan District, Shenzhen, so Company A filed a complaint against Company B to the People's Court of Baoan District, Shenzhen. Ask B company to stop the infringement and compensate for the economic loss of 50,000 yuan.
After hearing, the court held that the ICP record subject information of the domain name can be used as preliminary evidence to identify the actual operator of the website, except that there is evidence to prove that the organizer of the domain name ICP record is inconsistent with the actual operator of the website. If the subject of ICP record is inconsistent with the actual operator of the website, the actual operator of the website is the actual infringer and bears the tort liability.
Defendant B claimed that in order to develop its decoration business, it had opened a website in 2014, applied for the use of the domain name to the external domain name operator and carried out ICP filing. In 2020, Company B decided to no longer operate the site and stop paying domain name operators. Because no cancellation record has been made, the website operator shown by ICP is still Company B. Company B said it was not aware of third parties squatting on the domain name for the publication of infringing content.
The court found that the actual infringer was not the defendant in the case. After the judge patiently explained the law, Company A finally withdrew the lawsuit against Company B.
Judge's statement
This case is a dispute over infringement of the right of information network dissemination of works.As a legitimate copyright owner, the plaintiff found that a piracy website illegally published the works involved on the website without its permission, so it found the "infringer" according to the ICP record information and filed a lawsuit. Although the defendant did not actually publish the infringement information, he was caught in the lawsuit because he did not handle the registration cancellation procedures of the domain name in time. Although this case identified the actual user of the domain name by requesting the assistance of the domain name operator, the defendant was ultimately exempted from liability for infringement. However, for the defendant, inexplicably involved in judicial disputes, pay a lot of time and economic costs.
According to the provisions of Article 15 and Article 26 of the Administrative Measures for the Filing of non-operational Internet Information Services, non-operational Internet information service providers who need to terminate the provision of services within the validity period of the filing shall log in to the Ministry of Information Industry's filing system on the date of the termination of the service to the original filing authority to perform the registration cancellation procedure. In violation of the foregoing provisions, those who fail to perform the formalities for registration cancellation in accordance with law shall be ordered by the provincial communications Administration where their domicile is located to make corrections within a time limit and impose a fine.
In this regard, timely registration cancellation procedures is the legal obligation of network information service providers, passive performance of the obligation will not only lead to fines and other corresponding administrative responsibilities, more likely to cause criminals to use their "name", the implementation of illegal acts.Network information service providers can effectively avoid legal risks and avoid losses such as economic and goodwill only by timely filing and cancellation procedures.
Law link
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Concerning Infringement of the Right of Information Network Dissemination
Article 3 If a network user or network service provider provides through an information network works, performances, audio and video recordings that the right holder enjoys the right of information network transmission without permission, the people's court shall find that such acts constitute an infringement of the right of information network transmission, unless otherwise provided for by laws and administrative regulations.
Administrative Measures for the Filing of Non-Operational Internet Information Services
Article 5 The provision of non-commercial Internet information services within the territory of the People's Republic of China shall go through the filing procedures according to law.
Without filing, they shall not engage in non-commercial Internet information services within the territory of the People's Republic of China.
The provision of non-operational Internet information services within the territory of the People's Republic of China as mentioned in these Measures refers to the provision of non-operational Internet information services by organizations or individuals within the territory of the People's Republic of China using websites accessed through Internet domain names or websites accessible only through Internet IP addresses.
15th non-operational Internet information service providers need to terminate the provision of services within the validity period of the record, shall log in the Ministry of Information Industry on the date of service termination of the record system to the original record authorities to perform the registration cancellation procedures.
Article 16 Non-commercial Internet information service providers shall ensure that the information content provided is legal.
The information content provided by non-operational Internet information service providers as mentioned in these Measures refers to the information content included under the Internet domain name or IP address of the Internet information service provider's website. (Source: Baoan District Court, Sunshine Intellectual Property Mediation Center)
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