The determination of any infringement must be based on facts, that is, evidence. However, the application of digital technology makes the evidence on the Internet lose its originality. The digitized information in the network is all discrete signals composed of physical states represented by 0 and 1, and there is no continuity. Modification and deletion are difficult to find and identify, unstable and changeable, and the evidential ability of information in the network is doubtful. In addition, article 63 of China's current civil procedure law clearly stipulates seven types of evidence: documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions and transcripts of inquests. Based on the principle of legal evidence, if the evidence produced by the parties is not within the scope of legal categories, it is difficult to produce evidence effect. Therefore, the evidence resources in the computer field, which plays an important supporting role in the identification of network infringement, may not be classified as legal evidence, and their legal status is unclear, so they cannot release their due effect.
2. The subject of infringement is complicated and secretive.
Network service providers are unique subjects in the network environment, and the operation of the network can not be separated from the participation of network service providers, so network service providers are often involved in a large number of network infringement disputes. Moreover, people can freely use their names or even anonymity according to their own hobbies online, which brings technical problems to the identification of infringers in practice.
The consequences of infringement are wide and quick.
The global coverage of the network has broken through the geographical restrictions that still exist in real life, blurred the boundaries between regions and countries, and communicated with every corner of the earth; The interactivity and real-time of the network make the dissemination of online information more convenient and fast. It is conceivable that the consequences of network infringement will spread to the whole world quickly, but the obligee is helpless.
4. Inaccurate positioning of jurisdiction
It is a common practice for courts in various countries to apply the law of the defendant's location or the law of the place where the infringement occurred. However, the Internet connects computers and their networks all over the world into a unique cyberspace, and the same infringement is often associated with several locations, and the physical location has little significance in cyberspace, thus shaking the foundation of traditional jurisdiction in cyberspace. Therefore, in the face of complicated network cases, people have to find new jurisdiction basis.
5. Self-help is powerless
The birth of the Internet triggered a profound revolution in all fields of social existence, and it exuded immeasurable vitality and creativity, which had a positive impact on the human world. But at the same time, the network has also become a favorable tool for some people to commit illegal acts. Infringers use the advantages of network technology and the lag weakness of law to act recklessly in the network and infringe on the rights and interests of others, while victims are often powerless because they have no legal basis or can't find infringers and evidence.
Wenzhou lawyer/Wenzhou