Today's headlines are in jeopardy.

Source: Internet
Author: User
Keywords Today's headline Sohu

One side is by the State Copyright Bureau investigation, the other side by the large media claims, just got 100 million dollars investment, "Today's headline" Suddenly fell from exultation to great sadness, and as if in a night became the enemy of all.

On June 24, Sohu company took the lead in proposing, Sohu announced the formal prosecution of Beijing Byte Bounce Technology Co., Ltd. (today's headline of the company) violated Sohu copyright and today's headlines exist unfair competition behavior, demand the other party immediately stop infringement, and claim the economic loss of 11 million yuan. According to the blasting material, Beijing Haidian District Court has officially accepted the lawsuit.

And, just a few days ago, the official of the national Copyright Administration has said publicly that the state Copyright administration has now received complaints about traditional media, saying that "Today's headlines" reprinted their News works without permission, and that the National Copyright administration attaches great importance to it and has filed an investigation into "today's headlines".

Sohu sues claims or triggers a ripple effect

As early as "today's headline" was valued at 500 million U.S. dollars, financing 100 million dollars to become a "bird", on the "Today's headline" business model and business play in the end is not illegal, infringement of the controversy is endless.

It was clearly divided into two factions, one is dominated by traditional media who think the interests are violated, and they believe that "today's headlines" are reproduced (in any form) without the media's authorization, and that their copyrighted works are clearly illegal and infringing, while the others are mostly Internet innovators and third party commentators, and their view is that Do not rule out "today's headline" And some of the media did not sign a cooperation agreement or not to pay, so there is a certain infringement suspicion, but "today's headline" is more content aggregation and search display, overall technology and model innovation, should be encouraged.

However, from the development of the situation, "today's headline" Because of infringement or even illegal and the possibility of the folding is gradually increasing. In particular, "Today's headlines" the so-called technology and mode of innovation is not to erase it may violate the status quo of the law, and any reason clearly can not be an excuse for infringement of illegal.

Let's take a look at Sohu's indictment of today's headline.

First, the "Today's headline" Unauthorized Capture replication using Sohu, Sohu Mobile phone version and Sohu News client articles, pictures.

Second, "Today's headline" uses the app's built-in browser frame to display Sohu's news page, while adding its own promotional content and comments on the page.

Third, "Today's headline" deleted the original page Sohu ads, took away the Sohu site should be the flow of clicks and the original advertising interests, but in their mobile end of the launch page, set up a link to the ads, so as to gain benefits, constitute unfair competition.

These play and terminology, perhaps the general netizens do not know exactly how to infringe on the infringement, but as long as the people engaged in Internet work can see the business violations and violations. Let's take an example that people can understand, such as a video site to pay for a TV show, then B site to this TV show lightly walk in the B site, perhaps in the top left corner of the video also has a video site logo, but put a video site in the TV show ads removed, but also add their own advertising and promotional content. Obviously, the B site of a few actions in any one of the actions, are tort and illegal. This and "Today's headline" itself, "I actually like Baidu Google search engine approach is the same" is not the same thing.

Some insiders pointed out that the previous Sohu and "Today's headlines" on the content of the use of a lot of contact, the Sohu public claims, it appears that the two sides of the private negotiations caused by the breakdown. Although Sohu's claim of 11 million yuan, the already deep pockets of "today's headline" may not be too much pressure, but Jiabuzhu "model effect" youboy, once the major media and Web site to follow the Sohu claims caused a ripple effect, whether it is public prosecutions or private negotiations, I am afraid "today's headlines" Will fall into the abyss of high compensation and numerous lawsuits.

How to play the headlines today

In addition to the above-mentioned "Today's headlines", which are mentioned by the copyright owners of Sohu, we may wish to take a look at the position and the statement of the National Copyright Administration on the "Today's headline" investigation.

It is not yet possible to say that the National Copyright Administration has decided that "today's headline" is illegal because it is only in the investigation stage. However, only a particular emphasis by the head of the national Copyright Administration, combined with the current "headline" Business scope, is enough to make "Today's headlines" difficult to escape the law. The head of the National Copyright Administration has highlighted the following: "Permit first, then use". From the various kinds of denunciation and questioning that came out of the past, there is clearly a lot of "unauthorized use" in the content previously provided by "Today's headlines".

"Permission first, use later" is not a verbal requirement, but a real legal rule. The second article of the Regulation on the Protection of Information Network dissemination rights issued by the State Council clearly stipulates: "The right of information network transmission rights are protected by copyright law and this Regulation." Except as otherwise provided in the laws and administrative regulations, any organization or individual shall make available to the public through the Information network the works, performances and video recordings of others, and shall obtain the permission of the obligee and pay remuneration.

In fact, this law mentions two prerequisites, in addition to the "prior permission, after use" mentioned above, it is also clear that the "pay" must be paid (the remuneration standard can refer to the relevant provisions of the copyright law). In other words, "license" and "pay" are two interrelated necessary conditions, and the previous headlines today argued that the partial use of content has been paid to not be completely rid of the infringement, because not only to "pay", but also to be "licensed", indispensable. Otherwise it becomes a strong buy strong sell, forcibly use (even if you pay the fee).

The official of the National Copyright Administration in interpreting the "first permit, after use" when the attitude is very clear: no matter what the purpose of the use of work, whether it is paid or not, whether for profit or public welfare, the use of the work must first obtain the right to authorize permission. The principle of "permit first, then use" is applicable to both traditional media and Internet media, without exception. Under the framework of the law, the use of his works without the permission of the Obligee is a tort, and it should bear the corresponding legal responsibility.

What will happen to the headline today?

In China to do things, not afraid of the pain is not afraid of fatigue, is afraid of accidentally hit the muzzle. A while ago muzzle is "net net 2014" Special action, this time is "sword Net 2014" special action.

A few months ago, the core goal of "net 2014" was to crack down on the use of the Internet to produce and disseminate obscene pornographic information, and this time the core goal of "Jian Network 2014" is to crack down on the illegal reproduction of the website and infringe upon the lawful rights and interests of the obligee.

The state Copyright administration has confirmed in its previous statement that the first batch of internet piracy cases are being combed and verified, and that the typical large high-profile that are serious and harmful to the copyright public interest will be directly supervising, and the criminal sanction will be transferred to the judicial organs for the infringement of the law. From all indications, it is likely that "today's headline" is the national copyright administration directly overseeing the "typical".

So, once the "Today's headlines" by the National Copyright Administration and other relevant departments to finally determine the actual infringement of the law, "Today's headlines" will face the penalties and the outcome?

The lightest, of course, was ordered to delete all unauthorized content immediately and to ensure that no new violations were committed in the future. This is the lightest result.

Second, it will be asked to make a public apology and face huge compensation and fines. Do not know "today's headline" Current revenue situation, but from a Sohu media on the claim of 11 million yuan, once convicted of infringement and illegal, "Today's headline" Only for the infringement of media compensation may be an astronomical figure. In addition, according to "Today's headline" published by the installed capacity of 120 million, active users more than 4000万来 calculation, the National Copyright Administration may issue a ticket to billion units.

Third, revoke the "Today's headline" Company's business license, and close the "Today's headline" Web site and the Internet access services such as app. It also depends on whether the closure is a period of time or a permanent one. But either way, the blow to today's headlines is deadly.

The promotion of criminal cases, not only the seizure of companies and businesses, corporate and major executives also face prison.

From the National Copyright Bureau and a number of cooperative departments before the "Sword Network 2014" Special action stressed that "through the strengthening of the network infringement piracy High-profile, not only to play the momentum, but also to play the impact and effect of" the slogan look, this time the investigation and treatment of the strength I am afraid than many people think In addition, from the previous "net Net 2014" Special operations, the rapid broadcast faced with a huge ticket of 260 million yuan, Sina was revoked "Internet publishing license" and "information network to disseminate audio-visual program license" and at 5-10 times the illegal income penalty, such as several typical cases of severity to see, Even Sina, a company with a wide reputation and great influence, is not immune, and the penalties for "Today's headlines" are likely to be extremely severe.

Although after a series of abuse of the infringement crusade, "Today's headline" has volunteered to do a lot of technical "changes" to reduce and avoid infringement of illegal suspicion, and even with some media and web site to achieve cooperation, but these movements are somewhat late. "Today's headline" Faces The future, is not what it can be about, in the end, or through the jaws of death, the answer will soon surface.

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