Web site free of "defendants" 10 big experts ingenious plan

Recently participated in a Web site legal issues of the big "consultation" to find some of the experts a number of tricks, here to participate in detail. If the line, although not dare to make any guarantee, but also can be applying manages, greatly reduce the probability of being sued in court.

Is the internet the "Promised Land" and is not bound by the laws of the real world? Once, many people thought that the internet is a free heaven that can do whatever it wants, a dream "concession" beyond human society. Many "Ashes class" network worms, even "freedom" as the basic nature of the network, sacred inviolability. If, in the early years of growth, the Internet can enjoy a free childhood like a pony, then when it comes to maturity one day, humans should put a "bridle" on it. Otherwise, "wild" everywhere will cause more and more serious consequences. The rapid development of Internet in China has also brought about various legal problems, such as infringement of intellectual property rights, bad information and even online fraud, which endanger the normal development of the society and the Internet, which has caused more and more network lawsuits.

More and more websites accidentally touched the "Thunder", Confusedly became "defendant". With the real world to understand the Internet, participation in the gradual deepening of the site to touch the "thunder" the possibility of greater. Once had the unrestrained day, I am afraid like a good childhood, is gone. If the site does not take the initiative to sweep the "illiteracy", the first contact with the "thunder", this moldy head to injustice does not injustice? Bad, fry a havoc, burn, even forced you Jankin.

Archie recently had the honor of being a website practitioner, participated in a large "consultation" on the legal issues of the website, and found a number of the experts ' ideas, here to participate in detail. If the line, although not dare to make any guarantee, but also can be applying manages, greatly reduce the probability of being sued in court. What kind of expert are you in the way of "consultation"? Legal Office of the State Council, National Copyright Administration, Intellectual Property Research center of Cass, China Software Alliance, Supreme People's Court intellectual Property Court, Beijing High Court intellectual Property Court, Beijing Second Intermediate Court intellectual Property Court, etc.

Count 1: No "net" in mind

Reproduced works, no matter what the media, must comply with the copyright law, no longer to "net" as an excuse for illegal, the law will not "net" open one side. If rely on "NET" proud method, domineering, woe not far!

Count 2: No need for White

Is there any content that can be legitimately diverted? Yes, a penny is not spent, do not have any infringement concerns, that is, "current affairs news." "Current affairs News" to the news element (five W) information, if it contains the author's description, comments, photos and so on, it belongs to the "works", there is copyright, can not be reproduced casually.

Count 3: Xianzhanhouzou

What to do with other people's work in a hurry? No problem, do not have to greet each article first, ask for consent, the actual operation is not realistic. First use no problem, but must follow up two things: one is to indicate the source, the second is to pay the cost of reproduction. Do not worry about costs, according to your reprint cost criteria, even if an article to a piece of money, also line. If even this piece of money is reluctant to, then your "red flag can play how long", it is worth playing a big question mark! May pay the reprint fee to the first media (website), may also unify to the Copyright center registration, pays the reprint fee.

Count 4: Write less than copy

You copy other people's things, the other side does not take seriously, if move to the serious, careful fox was trampled! Your editor may be smart enough to qiatouquwei and reinvent other people's content, but does it hide your tail? Wrong! (1) Qiatouquwei, the other party can only sue you for that part of infringement, not the full text, (2) makeover, if you can identify the "change" is only a noun, name, or sentence paragraph expression order, "tort" is the same set up! Plagiarism is not easy, how to be in the absorbing, the real originality comes natural and unrestrained!

Count 5: Be cautious about submitting articles
Passive tort is the most Wohuo, judge your responsibility, mainly see whether there is "subjective negligence." For example, the author for you to contribute, you feel very good, used. The author is a "charlatan", the content is copied from others, others will you alone, or with the author of the court. The key to determining whether you are responsible or responsible is to see if the subject matter is covered within your site. If eight poles can't hit, then there is no responsibility; If the domain is the same, for example, you are a sports website, the suspect content is the analysis of the match, then you should have the ability to judge whether plagiarism, so may be identified as "subjective negligence." For security reasons, it's best to start with a "firewall": sign a contract with the author.

Count 6: Disclaimer of Blame

Tort happened, people find the door to do? There is also to fight for "exemption", that is, the opportunity to compensate for losses, the key is to actively cooperate with each other, verify the facts, recognition, error correction, apology. If no matter 3,721, rebuffed, denies, that in the court will be dead.

Count 7: All over the tree "the Scarecrow"

Copyright notices must be limited. For your copyrighted work, there is a "copyright statement" that is good for defending your interests. If there is no it, once infringed, the other side may find a loophole drill.

Count 8: Multi-"solution sets"

Provide technical function Service website, like free mailbox, free webpage, BBS and so on, all may cause the legal dispute. For example, the free mailbox, perhaps because of technical reasons, such as the mail mistakenly cast, not open, etc. to the user caused a loss; for example, free web pages and BBS easily anonymous illegal information, bad information, because the technology is difficult to control.

Solutions include: (1) design of eye-catching format contract pages, for the user before using, plainly make a choice (Yes or No, "accept" or "do not accept"), or even the user may suffer loss, encountered trouble, pumping out in front of each other, ask the other party to make a clear choice, like a cigarette on the note " Smoking is harmful to health ". (2) Free web pages, BBS user registration, in addition to the contract to regulate the interests of both parties, but also consider the use of real people, real name, so as to guide its content, the real responsibility of speech, to ensure that disputes can be traced to the responsible person. The relevant laws in Singapore stipulate that online registration must be in real identity.

Meter 9:100% Pure Link

Links may also provoke lawsuits. Principle: Only "physical" links, do not involve content guidance, provision. There are several record companies in the United States that sue a website in Beijing for infringement. Because it is the chain has a mp3 download site, the problem is, it is not simply to provide the other side of the domain name links, but the other side of the MP3 category, and even the names of the songs listed. To do so is to participate in the provision of content, a person is a right.

Count 10: Build More "Firewalls"

As the saying goes, many people do not blame the ceremony. For business management, "more contracts, people are difficult to harm." First villain, after the gentleman, more sign the contract will only benefit. Of course, if the contract is a valid contract, otherwise do not work hard. For example, many E-commerce sites have encountered this problem: consumers encounter rights and interests of the site, and the actual responsibility is likely to be the site's partners, such as manufacturers, or distributors. If you signed the contract with these partners in advance, if the customer before the order, and your contract more standardized, more specific, "firewall" a lot, you take the initiative. Soldiers to will block, Prito, there is no website what the problem.

10 tricks to the end, finally attached to a "super Magic curse", remember to keep saying: respect for the law, respect for morals, respect for people. Engaged in High-tech industry, there should be a corresponding high quality, including a high level of moral self-restraint.

With this guiding ideology, his body upright, not afraid of the ghost knocking at night.