Baidu's Life Gate

Han, Guo and other signatures of the recent 50 writers denounced Baidu, "that Baidu reduced to a burglar company, its establishment of Baidu Library, established as a stolen goods market."

To this, Baidu very graceful reply: "For the 50 writers of the denunciation, Baidu to our correspondent so response: Baidu attaches great importance to the Internet field of intellectual property protection, from the date of the birth of the library solemn commitment, if the author and copyright owners found in the upload content of the infringement problem, as long as through the Library Complaints Center feedback , Baidu will be promptly verified within 48 hours and the corresponding treatment according to law.

Let Han cold hand Guo itself shows that this is a big event on the lake. However, the big things in front of giant Baidu, there will be mountains outside the mountains. In the words of Cologne, it is because they have come across: Baidu! XX is the most xx person, but say "small plum knife" These four words, even his face can not help but show respect for the color of admiration "(" Big Man "). In many people's eyes, the "small plum Knife" replaced by "Baidu", "respect for admiration" replaced by "despise disdain" can.

Baidu is a tight and huge organization, his boss Li Lifelfobs China's richest man. Lee is a very low-key person, only the official invitation to appear. In the bite to go to the Western Region God Beast Google, reportedly Baidu meritorious service, since then became the only search gate faction, Lee also achieved the first weapon spectrum.

Han, Guo and other celebrities, not on the official lawsuit, but in the lake on a polemic, indeed a bit of anarchy. Later on the network out of the difficulties of prosecuting Baidu, the first is the court is not entertained. In fact, Baidu's previous MP3 search is also often accused, but lose less to win more. It uses a haven theory. The so-called safe haven is, Baidu opens a market (product), the legal obligation only "if the right person tells it which home buys the pirate, it has the duty to clear, if you did not tell, it does not undertake the responsibility". That is, Baidu reply to the solemn promise, you tired, I move fingers, and do not take away any legal liability, the sale, very cost-effective.

This theory, too, comes from developed countries. Later, the development of the laws of developed countries, when the market everyone knows that the market is a fake market, managers pretend that the ostrich and do not know, this is not. The so-called red flag theory, according to Baidu Encyclopedia interpretation: "' Red flag principle ' first stipulated in the 1998 U.S. Copyright law Amendment, China's" Information Network dissemination rights protection regulations "also draw on this principle. The regulation stipulates that ISPs must ' not know and have no reasonable reason to know ' the existence of piracy in order to be protected by the ' safe haven principle '. According to this theory, even if some content on the site is not uploaded by the operator itself, but as long as the content is as obvious as the red flag piracy, then operators should take the initiative to delete, and not because of the failure to receive the notice of the copyright owners refused to accept responsibility. "When most of the content of the site is pirated, delete all too late, can only be closed." such as the United States before the largest MP3 exchange website Napster, was forced to close. Pirate Bay founder jailed for sharing works with BT. In fact, the fool of them, no safe haven available.

Baidu Library inside how many genuine, with toe scan to know, Baidu did not know. But, said Baidu, I have a safe haven. To whom this duty of care is transferred is the difference between the red flag principle and the haven principle. In fact, if a market is known for piracy, if not closed, the solution is to raise the threshold of entry to the market to carry out certain requirements for certification procedures. For a normal market, the complaint will be dealt with later. Google in the United States library events, is still in the copyright period, but the author is not linked to the scan, was sued several times, and finally a huge sum of income and share, set up a fund, mainly compensation to the author and protection of genuine.

A few years ago, Shanghai has an Xiangyang road market, and "North Xiu Shui" par, known as "South Xiangyang", to buy and sell infringing parallel imports, even one of my customers from the United Arab Emirates, to Shanghai will ask me the address of this market. The market was named by the Americans many times. Later, Shanghai's solution is to turn off the market. Can turn Xiangyang Road market off, is to say is the heavy hand under the Shanghai municipal government, in fact, this place's land inch, in the real estate market when the most lively, Xiangyang Road market closed, building!

To solve the problem of large-scale infringement of Baidu, is not a legal issue. When the door of the lake is a big one, the top is always trying to make a bond. Perhaps, one day the people search, Pangu epoch-making, the Baidu split! What weapon spectrum first, will become a cloud, because, "small plum knife, example without empty hair", Google is not the global weapon spectrum first, not also in the knife escape?

Mr. Li said, we listen to the government!

Author: lawyer Brooks

Sent in the 21st Century Web column