Some Legal Thoughts on promoting the sound development of the information industry in China (draft) drawn from the qq360 incident)

First of all, this article is an unwritten idea in my mind, and the article is not complete. It will be discussed by netizens first.

 

Most of the Chinese Internet users have been affected recently. The two sides did not mention the incident. from the legal perspective, there are some vague ideas in their minds. The Chinese Internet needs a relatively fair and open environment and needs to start from the following aspects:

1. Strengthen the implementation of anti-monopoly law and create a fair competition environment

(1) It is prohibited for enterprises monopolized by fact users to bundle additional software. Take Microsoft Windows ie as an example.
(2) The so-called industry alliance agreement is prohibited. Take the European and American countries that prohibit their counterparts from formulating industry pricing as an example.
(3) Respect the user's right to choose. Take the windows browser selector as an example.
(4) respect the privacy of users. Take the comparison of files operated by MSN and QQ in the background as an example.
(5) Enable the IM communication protocol. Take MSN, ICQ, and Gtalk as an example.
(6) Severe judicial penalties against offenders. Take Microsoft, apple, and Facebook as examples.
The above rules are widely used in European and American countries. violation will result in death and a huge amount of compensation. There are precedent (for example)

 

2. weaken the protection and rights of intellectual property rights

This point is based on the current situation of intellectual property protection. The original intention of intellectual property protection is to protect the rights and interests of developers and aim to promote the prosperous development of science and technology. However, at this stage, this protection has been somewhat counterproductive. It can be confirmed in the following aspects: (1) the protection time limit is too long, which is enough to make the copyright Administrator take legal proceedings for a lifetime. It also suppresses the large-scale promotion of excellent technologies. In addition, for the IT industry, due to its short cycle nature, lengthy Protection time is not conducive to the promotion of excellent technologies (2) In addition, the scope of protection approval is too loose. A few days ago, I was informed that Apple had obtained a patent for using two fingers to scale down images. This is undoubtedly a huge blow to the Development of touch screen operations. In other words, stretching and rotating objects with fingers is the ability of a person to learn from himself or herself. Now it's just a computer operation. This operation can also be approved as a patent, so people's upright walking, talking, eating, and other physiological behaviors can be moved to the computer for approval. This is a paradox and a very sad situation. Therefore, in view of the current situation of intellectual property protection, I propose the following ideas:

(1) protect the rights and interests of the intellectual property owner and severely punish the offenders. This is the premise... it's also a carrot. The following are all great.
(2) reduce the duration of intellectual property protection. Refer to relevant legal documents for reference. Personal suggestion: the protection period of literary works should not exceed 50 years, and the IT industry patent should not exceed 15 years.
(3) carefully review the approval of knowledge products and do not grant protection to technologies used in real industry applications. Take the patent for Apple's scaled-down image as an example, and the patent for car wipers as an example.

 

Summary... "second-rate justice creates second-rate Enterprises". This is exactly the case in China. This is where we should strive to improve.