Why is Baidu Library a "thief"

On the moral and interest level, we are not clear to outsiders, but the legal level is black and white. I read Netease's comment on how Baidu Library becomes a "thief"
', The problem is clear, the following comes from: http://news.163.com/special/reviews/baiduwenku.html

The "safe harbor" principle requires the right holder to inform the Infringement

In the dispute between Baidu and the publishing industry, the Internet "avoids
The Hong Kong principles have been repeatedly mentioned. The so-called "safe harbor principle" is Article 23rd of the Regulation on protection of the right of information network communication: network service providers provide search or link services for service objects.
After the notice, if the link to the infringing works, performances, audio and video products is broken in accordance with the provisions of these Regulations, it shall not be liable for compensation. But in fact, Baidu Library has already provided space for works, not for searching and providing
Link, beyond the applicability of the safe harbor principle.

In addition, the intention of the safe harbor system is that the website cannot tell which content is infringing, so that the default service provider does not know the infringement, you can delete the notification within the legal time after receiving the notification. However, Baidu Library has set up classification and recommendation, which indicates that the website is fully capable of knowing which content is infringing. At this time, the "safe harbor principle" should not be applied ".

The "Red Flag" principle requires platform vendors to prove "innocent"

Copyright protection to restrict abuse of the "safe harbor" Principle
Developed countries have proposed the red flag principle. China's Regulation on protection of information network communication rights also draws on the following: network service providers must "know without reason or have no reasonable reason to know" the existence of piracy, in order to obtain the "safe haven"
Then. According to this theory, even if some content on the website is not uploaded by the operator, as long as the content is obviously pirated, the operator should take the initiative to delete it, instead
If you receive a notification from the copyright owner, you are denied responsibility.

Only by improving laws can we protect the interests of all parties

If most of the website content is pirated, it is too late to delete it. USA
The biggest MP3 download website, usenet, was rejected. The founder of the Pirate Bay, who shared the work with BT, went to jail on this basis. That is to say, legislation should gradually reduce the copyright dispute in the digital age.
The Authority provides evidence to determine the digital copyright encryption technology. The publisher must prove that he owns the copyright of the work before publishing the work. The interest sharing modes of creators, publishers, platforms, and other parties will also replace creation
Copyright transaction mechanism.