What are the ways to infringe online intellectual property rights?

Types of Internet Intellectual Property Infringement

1, website plagiarism infringement

As far as web pages are concerned, they are generally composed of words, pictures, recordings, moving images and other multimedia elements. Web pages can be used as "assembly works", and any part of the works are protected by copyright. As long as the selection or arrangement of the content of this webpage is original, the specific content constitutes a work. Plagiarism, plagiarism and other acts are suspected of infringement.

2. Online uploading and downloading infringement

Uploading to the Internet refers to works in the real world, including words, movies, music and so on. It is digitized and uploaded to virtual cyberspace, so the rights of the original copyright owner must be respected. If the copyright owner's permission (including tacit consent) is not obtained, digitizing his works and uploading them to the Internet will constitute infringement. China's Copyright Law, revised in 200 1, clearly defines this behavior as an infringement of the author's right to spread information on the Internet.

Corresponding to online uploading, downloading works created on the Internet, publishing, distributing and disseminating them in a non-electronic way, is suspected of infringement without the permission of the right holder. Because online creation is protected by copyright, publishing houses and book audio-visual companies download and publish this work without authorization, which constitutes infringement.

3. Internet reprinting infringement

Without authorization, newspapers and publishing houses have no right to use or allow others to use a single published work on digital media. There is an exception in China, that is, the "compulsory license" for reprinting in newspapers and periodicals: works that have been published in newspapers and periodicals can be reprinted on the Internet, unless the copyright owner declares that they are not allowed to reprint or extract, but they should be paid in accordance with relevant regulations and indicate the source. However, if the works reprinted or edited by the website are beyond the scope of works reprinted by relevant newspapers and periodicals, it shall be deemed as infringement.

4, network link infringement

Attach importance to the value of network link and the superiority of technology. It is generally believed that ordinary links provide link channel services, and link builders are like a wizard. Its server only stores documents composed of hypertext markup language instructions containing the URL of the linked object, and neither copies nor spreads the linked content, so it is not infringing. Even infringement belongs to indirect (help) infringement, that is, the service provider who provides the link channel has the obligation to stop the link channel service in time to "suppress the infringement" when he knows that the link points to the infringing work. Otherwise, it constitutes aiding infringement.

5.P2P software infringement

P2P software is a new development of early personal peer-to-peer communication technology. P2P can be said to be the greatest revolution of the Internet after the World Wide Web. Nowadays, almost every netizen is using this method to download digital music and movies from the Internet for free. When downloading files using P2P, the actual infringer is the user. Users uploading or downloading works without the permission of the right holder do not belong to the rational use of others' published works for personal study, research or appreciation, and their actions infringe the right of the right holder to copy and disseminate information on the Internet.

If a P2P service provider still provides services while knowing the infringement of users, or fails to take measures such as deleting infringing content to eliminate the consequences of infringement after the obligee gives a warning with definite evidence, it will jointly bear the tort liability of * * * with (or help) network users. As a result, P2P service providers often become scapegoats for thousands of infringing users, because it is neither cost-effective nor radical to pursue personal network users.

However, the above principles have also established a safe harbor system for Internet service providers. That is, if a service provider automatically provides uploading, storing, linking or searching services without editing, modifying or selecting the stored or transmitted content, it has no obligation to examine whether the uploaded, stored, linked or searched content infringes the copyright of others, but only undertakes the obligation to delete the relevant content after receiving the notice from the right holder. This creates opportunities for survival for search engines like Google and Baidu, because they have no obligation to review whether the content provided is infringing.

6, domain name cybersquatting infringement

The most typical embodiment is the cybersquatting of well-known trademarks. Generally speaking, the actor maliciously registered and sold the domain name for the purpose of making profits from other people's trademarks. The basic feature is that other people's well-known trademarks, trade names and other business signs are registered as domain names first, and they are not used by themselves, but transferred for profit by selling, renting or other means. Others damage the reputation of well-known trademark holders and mislead the public. This is all improper behavior of malicious cybersquatting. Involving copyright infringement issues such as icons.

7, online game infringement

With the online game industry becoming the highlight of the Internet economy, online game infringement incidents are becoming more and more frequent. Infringers generally engage in online game infringement and piracy by stealing online game source code and destroying technical protection measures. The most typical way is to set up a server privately and operate online games that others enjoy copyright.

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