Follow-up of "Lu Xun's domain name case": Party interview

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Wuhu Citizen Mr. Wang because registered "Lu Xun" Chinese domain name, by Lu Xun's son Zhouhai prosecution, the case in Beijing, October 26, 2009 in court. Although the "Lu Xun" domain name case of the first trial results have not come out, but the case has aroused widespread concern in the national media. November 30, the Supreme People's Procuratorate film and Television Center "rule of Law China Media" two reporters came to Wuhu, interviewed the registered "Lu Xun" Chinese domain name Mr. Wang. It is also reported that this is Mr. Wang's first public appearances in the media.

Registered "Lu Xun" domain name was prosecuted

Mr. Wang worked in a department in Wuhu and contacted the internet earlier. When others are still playing the film machine, he has begun to use digital cameras, when others do not know what the network, he has been surfing the internet, when others do not realize the value of Chinese domain name, he has begun to register Chinese domain name. 2004, Mr. Wang registered "Lu Xun, cn", "Lu Xun, China" and other Chinese domain names. This March, Lu Xun's son Zhouhai him to court, asking the court to decree Mr. Wang immediately stop using "Lu Xun. cn" and "Lu Xun, China" and the corresponding traditional domain name infringement, and decree the above-mentioned domain name transfer by themselves. Interestingly, due to the original policy restrictions, Mr. Wang can not register his own name in the name of his own individual, his wife is a self-employed, he was in the name of his wife registered "Lu Xun" Chinese domain name, the wife became the defendant, he was the sole agent of his wife to deal with the matter.

The case was held in the first Intermediate People's Court, Beijing, on October 26. In court, Zhouhai's lawyer believes that the defendant registered the Internet Chinese domain name with Lu Xun's name and sold it in Internet, which was malicious, violated the regulations of relevant laws and regulations, and seriously violated the personality interests of Mr. Lu Xun's name, and caused great mental damage to the plaintiff, and caused the bad influence in the society. However, Mr. Wang and his lawyer said that the purpose of registration and practical use is to collect and commemorate Lu Xun, not profit, not malicious, registration acts in accordance with the relevant provisions, registration has been the legality of the review, after registration to become private property, including the plaintiff, no one is entitled to be deprived.

Beijing reporter chases Wuhu interview

Yesterday morning, "rule of Law China" column of two reporters from Beijing to Wuhu, the case in detail interviewed Mr. Wang. Mr. Wang said the two journalists were on the scene at a Chinese court in Beijing, and after the trial, they chased Mr. Wang. Mr. Wang said that he did not return to the hotel, directly by train back to Wuhu, they chased to Beijing West station for an interview. On the afternoon of November 29, the two reporters contacted Mr. Wang again to say that the next day will be interviewed in Wuhu. Seeing the other party so sincere, Mr. Wang readily agreed.

The reporter learned that the "Lu Xun" domain name case, which was first reported by Wuhu News Network in the country, has aroused widespread concern in the national media. Sino-New Society, Guangming, the legal Evening News, Beijing Morning News, Huaxi Metropolis, Jinghua Times, Anhui Business, Xin ' An evening news and other media have reported the case, the daily, xinmin network, domain name City, China Jingwei Network, the Chinese press Network, China Court Network, China Broadcasting Network, Thousand Dragon Net, Tencent Network, Chinese network and other Internet media have also been reported. The case has also attracted the attention of many commentators.

The domain name case triggered a lively discussion

According to the reporter understand, the current case first trial verdict has not come out, whether Mr Wang is successful is not known. However, Mr Wang said he was full of anticipation for the win and would continue to appeal if he lost the first instance.

At present, the Chinese domain name case of "Lu Xun" has aroused heated discussion in the national law circle. Mr. Wang's lawyer said in his reply, "Lu Xun" Chinese domain name if revoked, will have a very far-reaching negative impact. In this case, the dispute of computer domain name, which is concerned with the protection of personal right as the name of property rights, has no precedent in China, and there is no specific stipulation to follow in the existing laws and regulations system. If the plaintiff Zhouhai's claim is not supported, it can be foreseen that tens of thousands of Chinese domain names, such as "Confucius", "Laozi", "Zhang Zhidong", "Ba Jin" and "Mao Dun", will not be protected, thus undermining the Chinese domain name management system and damaging the legitimate rights and interests of the real owner of the domain name.

Professor Liu, Law Department of Beijing University of Posts and Telecommunications, wrote "The Law of Lu Xun's Chinese domain name case" A rough test, Lu Xun as a historical and cultural celebrity, the carrying value of the main embodied in two levels, one is the cultural value, which is directly reflected by Lu Xun's own cultural identity, the whole society has the right to enjoy; Second, indirect or derivative value, that is, because of Lu Xun's reputation derived from the potential commercial value, this can only belong to Lu Xun's successor, without permission, no one may be used for commercial use. In the domain name registration and management, he believed that on the one hand should follow the existing domain name registration mechanism, "first come first served, who will be the first to apply, who can obtain the relevant domain name; On the other hand, the management should focus on the sale and subsequent use of the domain name, the Chinese domain name containing historical figures or cultural celebrities, domain name holder or" Everyone "cannot buy or use the domain name on the basis of commercial interests."

Chinese domain name should arouse concern

Yesterday, in addition to their own "Lu Xun" Chinese domain name case, Mr. Wang also deliberately reminded that Wuhu enterprises should pay attention to the Chinese domain name, or a inadvertently may be someone else to register.

China Internet Network Information Center (CNNIC), a domain name registration and management Agency, has formally submitted an international application for ". China" to the Internet name and digital address distribution agency. If all goes well, the Internet Chinese domain name will first be put into use in the middle of 2010. According to the information provided by CNNIC, more than 90% of the national ministries, provincial government agencies, more than 95% of the media news sites, more than 90% of the National 211 key universities, more than 50% of China's hundred enterprises and more than 40% of China's 500 enterprises have registered to obtain the ". China" domain name. The department's survey also showed that 61.22% of netizens said that "China's domain name" will facilitate the memory and search of the Web site, can soon be promoted ", 94.35% of the respondents expressed their willingness to use the". China "domain name to visit the website.

Wang said that in the registered enterprise Chinese domain name, Wuhu's fool melon seeds and Chery automobile is two textbooks. He told reporters that due to the lack of registration, at present, "Chery, China", "Chery. cn" Domain name by Jiangsu Province Property Automobile Trade Co., Ltd. registered; In contrast to this, Wuhu fool Melon Seed Limited Company recognized the importance of Chinese domain name, timely registered "fool. cn", "fool. China" domain name. Wang said that the Chinese domain name behind a huge business opportunities, if the Chinese domain name can be incorporated into the Enterprise Domain name registration protection strategy, will be more rapid expansion of the market, comprehensive protection of network brands and so on have a significant role.

"Lu Xun" domain name case will be held in Beijing at the end of this month