Microsoft's "black means" step on legal boundaries

There is no doubt that neither Microsoft nor any other intellectual property owner shall have the right to request relevant law enforcement departments to protect their legitimate rights and interests in accordance with legal procedures, and to carry out rights protection actions under legal conditions. However, judging from the legal point of view, this large-scale "black screen" program of Microsoft in China clearly exceeded the legal line. It can be said that it is a private public hall activity suspected of violating the law.

Obviously, in modern society, any citizen has the right to require law enforcement agencies to protect its own rights and interests when its legitimate rights are illegally violated, it also has the right to conduct "Private remedy" in a reasonable and legitimate manner, but has no right to exercise the public power that can only be exercised by the legal authority. Otherwise, social life will be in disorder. For example, an individual can stop and send a thief to a law enforcement agency. However, he cannot be fined or detained for damages to his or her rights, this is because an individual cannot use punitive measures that can only be exercised by a statutory public authority. Otherwise, it is illegal and the legal consequences arising therefrom shall also be borne.

From this "black screen" behavior, we can see that Microsoft does not report piracy to the relevant law enforcement agencies, nor has it sued the infringer for compensation through legal civil procedures, rather, they use the Internet as a virtual public place and "black screen" to launch disguised punishments. It can be said that Microsoft's behavior has clearly exceeded the reasonable limits of its own rights protection, and the results may also lead to disorder of Internet management in a certain public nature, which may cause harm to normal social work and life. In this regard, this "black screen" plan has already had the illegal characteristics endangering society in a sense and should be put to an end and punished by relevant law enforcement agencies.

In addition, from the perspective of liability for faults, there is indeed a certain amount of piracy infringement in China, while Microsoft is the victim right holder, it has the right to request protection and punishment of the infringers from law enforcement agencies in accordance with laws and regulations. In carrying out rights protection activities, Microsoft is also obligated to abide by China's laws and regulations and protect its rights in accordance with relevant laws and regulations. At present, the "black screen" behavior has obvious penalty meanings and clearly has the nature of public power. It should be said that this "penalty" Power is a public power that can only be exercised by legal authorities.

This "black screen" action by Microsoft already has a certain level of public authority and a harmful social nature. In essence, it can be said that it is a private public hall action, if it is already suspected of violating the law, the relevant law enforcement authorities should immediately suspend the service and impose penalties on it.