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10 Internet bars of Beijing are violated compasses broadcast the film to be punished 130 thousand Internet bar faces test

April 23, 2008

“Day of 426 worlds intellectual property ” forthcoming, yesterday, beijingClick examine Beijing and more city weather forecastCity east the city zone, court of district of the city zone, rising sun parts to encroach copyright case to make concentration adjudge to 10 Internet bars on the west, because 10 companies such as apple of station of Beijing net You Yi, Xin are in without accredit on the local area network of its Internet bar transmission ” build up date ” , ” the there is sth fishy in the heart ” and ” cocoa on the west in ” wait for the film, the pecuniary loss that Hua Yi of the compensation that be sentenced’s brother differs 6000 yuan to 23 thousand yuan of amount reachs reasonable pay.

At present home obtains the normal Internet bar of licence to have 130 thousand or so. The concentration of these cases adjudges report to go out, internet bar tort already became the new heat of intellectual property dispute.

　　 1 Internet bar violates the hotspot broadcast ” build up date ” wait for film

Before this, have ” cocoa on the west in ” , ” the there is sth fishy in the heart ” and ” build up date ” the discovery of Hua Yi’s brother of the copyright that waits for the film and relevant right, include Beijing net to swim online service limited company is in 10 Internet such as apple of dak, Xin the admiral of local area network of its Internet bar afore-mentioned film offer a netizen without accredit transmission online watch. China friendship brother thinks these companies encroached what its enjoy to show authority, duplicate authority and transmission of website sth resembling a net to counterpoise, appeal to its to the court.

The court thinks via cognizance, 10 companies such as station of net You Yi carry film work the local area network transmit social community without obligee license, make the public gets the act of work of this movie and TV in the time of its individual make choice of, place, should maintain be is transmit power to obligee information network encroach, should assume lawfully suspend duty of law of losing of tort, compensation. Adjudicate 10 companies delete film of case of the experience on server of its Internet bar instantly then, and the court decision of relevant element take into consideration the circumstances such as subjective fault degree, duration compensates for the box-office accrual according to experience case work, operation that shows schedule for showing motion pictures in a theater, the accused, tort Hua Yi’s brother.

　　 See tort of bit of 2 Internet bars have two kinds

Current, the Internet bar encroachs the new heat problem in dispute of the intellectual property after copyright case has made case of tort of afterwards pilfer edition, also become the one catastrophe that perplexes company of movie and TV to inscribe.

The tort behavior of the Internet bar basically has two kinds of cases, one kind is the work of movie and TV that downloads proper motion put a server to offer up a sacrifice the netizen is online watch, another kind is with copyright of movie and TV the provider is signed so called ” movie and TV serves an agreement ” , after installing software of server of movie and TV, the server that passes copyright provider offers a netizen online watch.

To before one kind of circumstance, the subjective fault of the Internet bar is apparent; A kind of circumstance after be opposite, if the Internet bar is indemonstrable whether did its pass accredit to all arrive to examine obligation to experience case work, criterion its are subjective go up to still have fault, ever cannot assure to pass a license with provider of copyright of movie and TV and avoid duty.

The court is in when drinking to compensate for amount surely, the element take into consideration the circumstances such as duration of operation of the box-office earnings that basically considers work of experience case movie and TV, subjective fault rate that shows schedule for showing motion pictures in a theater, the accused, Internet bar, tort is certain. Taller to aing club for amateur performers of Beijing opera experience case film, the compensatory amount with some certain courts achieved more than yuan 20 thousand, this also reflected serious to the clue tort conduct to increase the demand that hits strength.

　　 Hotspot 3 look for lawful copyright hard online film supplier

Apparent, to the Internet bar, impossible that oneself go the copyright issue of the film with huge amount of examine and verify. Zhao Fujun of senior comment person is opposite the Internet bar the reporter discloses, to avoid copyright problem, the practice of majority Internet bar is to content of Internet bar movie and TV the supplier buys access.

Zhao Fujun expresses, at present major Internet bar pays to suppliers of these Internet bar content about 2000 to 3000 yuan of money, with respect to the film library that can use these content suppliers at will between a year. But the problem depends on, him suppliers of these content of Internet bar movie and TV copyright itself has a problem. Many getting on after the supplier of content of Internet bar movie and TV of dimensions is buying copyright of a few film, still do not have the work of movie and TV of copyright in great quantities in the be mingled with in its film library, the Internet bar is to expect to pay fee and avoid copyright issue originally, but this kind of phenomenon brings about an Internet bar to because tort is difficult,escape finally however legal punish.

Internet bar industry appeals concerned branch can recommend the online movie that owns lawful copyright to broadcast a supplier, help numerous Internet bar shun similar legal venture. In eye nevertheless antecedent condition falls to be accomplished very hard.

Zhao Fujun expresses finally, as a result of Internet bar owner and these supplier of copyright of movie and TV was signed ” movie and TV serves an agreement ” , can be opposite with this suppliers of these content of Internet bar movie and TV put forward to appeal, in order to reduce oneself loss.

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Written by ITTech · Filed Under IT Magazine