Can you pay a fine for the fast seeding?

Today may be more content, please be patient to read, because it may be more important.

Now the attitude of the national regulatory authorities is very tough ...

As for the reason, we all know it.

The hearings were focused on four focal points:

1, the case is not a violation of the principle of the two penalties;

2, the question of the nature of infringement;

3, the legal application of the amount of punishment;

4, there is the problem of whether the amount of punishment is too high.

(I'm sorry I wasn't able to hear, but it's said that every question was answered)

I only know that the Shenzhen Market Authority's explanation is:

Because the amount of the fast seeding is calculated on the basis of the amount of illegal operation of the fast-seeding company, while the fast-seeding company has implemented the illegal operation of violating the rights of information Network of other people, it has reached 86.716 million yuan, so the Shenzhen market Supervision Bureau intends to impose a fine of 3 times times the amount of illegal operation of the company, which is 260.148 million yuan. (that is to say, 260 million is a legal fine, and no disorderly fines?) )

The Shenzhen Market Authority believes that the parties to express the company without permission, through the network to the public to disseminate the "Beijing Love Story" and other film and television dramas, comprehensive works, the amount of illegal operation of 86.716 million yuan, combined with its repeated implementation of tort, long duration, social impact, but by the administrative organs, refused to correct, continue to infringe , the subjective intention is obvious, the illegal circumstance is serious, the illegal business volume is huge and so on actual situation, therefore, the legal plan imposes the illegal business amount three times times fine, namely fine 260 million yuan.

Here's an important question--if you don't pay the fine ...

If the fast seeding is overdue, the administrative penalty is not fulfilled, according to the 51st of the Administrative Punishment law, the Shenzhen Market Supervision Bureau can apply for the penalty of 3% of the fine amount every day, and the people's Court shall enforce it. Of course, if the rapid broadcast is not convinced, you can also put forward administrative reconsideration--60 days after the decision to receive punishment, or three months to sue the people's Court.

So how much is the fast seeding?

At least, 2011 year income is 130 million, 2012 year income 300 million.

260 million fine, pour or have the ability to pay the HA

(This number is followed by a careful talk about fast sowing.) )

Look down ... Look down.

——— The following is not a ——— at today's hearing.

About to be fined 260 million yuan for fast seeding

Shenzhen market Supervision Authority on the rapid broadcast issued a plan to punish 260 million yuan of the proposed administrative punishment, but the November 2013 National Copyright Administration for Baidu and fast-broadcast piracy penalty is 250,000, the two have a very large gap. In addition, from the domestic other for the video copyright infringement, the overall amount is lower, a lot of cases in the final award of the amount of 100,000 yuan below.

The Capital Copyright Industry Alliance Secretary-General Han Zhiyu explained that: according to the legal provisions of the punishment, the need to be punished according to the principle of filling, including three:

First of all, to see the infringer of the infringer caused by the actual loss of how much, the penalty should be made up for this loss;

Secondly, if the loss caused by the right person is uncertain, it depends on the actual profit of the infringer.

Finally, when both are uncertain, the legal penalty is used, the previous limit is 100,000, then rose to 250,000.

The national Copyright Administration's punishment for the fast sowing is based on the final principle, it is easier to 25万来 the punishment according to the upper limit stipulated by law when it is impossible to ascertain the amount of loss and illegal profit caused by the right person.

And 260 million means the government's punishment for copyright infringement is rising.

Yang sister here to remind me, I know a lot of people like fast sowing, many friends for the fast broadcast more than 200 million yuan fine Senqui, then we also have to consider the rights of pirates will be what mood?

260 million is this amount very low?

Because the copyright fee of the genuine content is very high, more than 200 million yuan can buy only one half of the film, such as "Gong bead" copyright fees need more than 70 million, and the third quarter "China good voice" copyright fees need more than 200 million yuan.

Do they take back the cost? If the original video site can not survive, the entire industry has been destroyed, then we these netizens, is not even more to see?

OK, then popularize the knowledge, a video website video transportation technology experts to explain how fast broadcast technology to build pirated websites:

It takes four processes to build pirated websites: video uploading and sharing, small website building, fast seeding technology support, and advertising alliance.

The first is the video sharing process, the fast broadcast has a sharing tool, will publish, share out the address, this address is the seed file of the fast seeding, with "Qvod" beginning.

Small site to build stations need to use the station tools, there are many online, such as Apple CMS, the site is a tool to support the fast seeding. Apple CMS website in the future can click "Program Download", through its background can be "a key acquisition" video content, and this collection is the fast broadcast of pirated video to provide the seed address.

After collection, the station tool can generate pirated video collection of pages, click can enter the play page, and in the play page, need to download the fast broadcast of the player software can be viewed, can be said that the fast-seeding technology here played a very large support role.

Click to watch, there will be many ads on the page, including some of the yellow content. These ads are the way through the Advertising Alliance, to the small site owners to bring into the proceeds. Create such a small pirate website, just prepare a very small server to store the Web page, address, spend 20 minutes or so can be maintained is very simple.

A video website legal advisor Liu's behavior analysis of piracy infringement on fast sowing

On the PC side, click on the "online video" in the top right corner of the fast-broadcast player, and "cloud Sail Search" will appear. Cloud Sail Search is April 2013 on-line, this is the quick launch of its own video search engine. Cloud Sail Search embedded in the fast-broadcast video player, you can search for video content, and a variety of movies and videos for detailed classification, ranking and recommendations. The national copyright administration punished the fast seeding at the end of 2013, and one of the reasons was that the fast seeding embedded search links in the player, which involved helping the tort.

In the cloud sail search in the search box type "Palace lock Bead" and search, in the first search results we saw the play poster, cast staff, region, year, type and other information, under these information is the series of links. The source of the fast broadcast player includes the video link of the genuine video website such as Youku, Archie and music, and also includes a pirated video link called "Other sources". This is completely pirated content. Search "Gong bead", select "Other sources", in "other sources" can directly play "Gong bead" video. You can see that the upper left corner of these videos has Hunan TV's horn, which indicates that the content of the media is not from the Internet, but the TV station's wired signal into the corresponding video, uploaded to the internet for piracy. Click from the Youku link to play, if the content from Youku, all Youku video is with excellent cool watermark, but the fast broadcast video with Oriental TV logo, so it can be clearly judged that this is the gun version of the contents of the stolen record. The fast-seeding is indicative of the video source URL: www.522yy.com, and the site is not from Youku. Visible fast broadcast directly on the server's pirated video content in the mobile phone software, but also made a corresponding camouflage, the pirated content disguised as genuine, this is with obvious malicious infringement of the dissemination of behavior.

As "other sources" and the previous five genuine video site side by side, visible cloud sail search and fast broadcast knowingly "other sources" in the corresponding video content piracy. and select "Other sources" for playback, in addition to directly in the fast-seeding software for video playback, fast seeding will also be automatically downloaded side of the broadcast side, a film read, has been downloaded to the local, this is the fast-broadcast pirated content PC-side online transmission and replication process.

At the end of 2013, the State Copyright administration penalized the company for infringing on the piracy links and demanded that it adjust the mode of the fast-seeding player. However, the company ignored the "Order rectification notice" requirements, adhere to the cloud sail search to provide pirated links, through the fast-broadcast player to provide pirated video content online playback and download.

Analysis on the income source of fast seeding

According to the fast-seeding operation and financial data disclosure, its main income comes from three parts: window ads, software bundles, game revenue, fast-broadcast piracy mainly involves the first two parts of income.

Fast broadcast player after the installation of individual users will continue to have a window, display a variety of content and advertising, this window ads to the rapid broadcast brought a large amount of income. In addition, the fast-broadcast player installation process will have three software bundles, which is one of the sources of revenue.

It is reported that the fast-seeding 2011-year income of 130 million, 2012-year income of 300 million, of which half of the income from the game, the other half from the piracy involved in the advertising window and software bundled, can be seen in the piracy of the fast-sowing has brought extremely substantial profits. Fast-seeding software coverage of the crowd, according to the data released by the Iris, the rapid seeding in the investigation can still reach more than 33 million of the software coverage, visible fast-sowing market is very large, tort is very broad, from which the profits are very rich.

The high level of the broadcast of the public are claimed never to do content, it is a large number of pirated film and television works and yellow content to the rapid broadcast brought a large number of users. Piracy and bad content has laid a "solid" foundation for the rampant growth of the fast-growing wild, and downloading of pirated content while broadcasting is clearly falling into the realm of information networks. In the process of piracy, the rapid broadcast through the construction of small Web sites, background servers and other technical support, as well as the introduction of advertising, and so on, played a role in abetting, encouraging and helping infringement. As far as the Internet video industry is concerned, the individual power of a small webmaster can hardly afford the huge cost of copyright investment. There is no fast-seeding technology, pirated content, advertising in the Help, support, a large number of pirated small sites can not survive.

Capital Copyright Industry Alliance Secretary General Han Zhiyu:

The form of the fast-seeding tort has two technical features: one is through the client player's way to carry out infringement activities (including the PC end and mobile end of the player, even including the form of set-top box), large screen, medium screen, small screen three areas are performance for the player operating. Fast-seeding is the first through the form of the client player, not the website infringement, so we have to study the use of the player to undertake the infringement of what kind of responsibility. Second, from the rapid spread of pirated content from the source, fast-broadcast mainly from other sites crawling content piracy playback, it does not store content, but through the way of deep links to provide works, which involves direct infringement or indirect infringement of the cognizance. A group of pirated small Web sites use fast-seeding stations to provide pirated content through fast seeding, and gain revenue through advertising alliances, which has an impact on the entire video industry.

Fast broadcast player is Shenzhen Fast Broadcasting Technology Co., Ltd. developed a video-on-demand software, according to the information released in June 2012, the software has been downloaded 750 million times, then the user has reached 50 million, the cumulative user has reached 200 million. The fast broadcast player is through the Fast Broadcast official website to download, the QVOD resource server is with the fast broadcast player matching a video release software, the so-called video publishing surface goal is encourages the user to upload the work, actually qvod the resource server mainly is produces and saves the seed file. The so-called client player management means that the enterprise is profit-making, using the player as the operating platform, by providing the works for its users, cultivating their own customer groups, expanding their market share and obtaining the advertising revenue or other income business mode. Video player is a kind of software that can play video files, there are thousands of similar player software clients on the market, most of them are end users, so it is also called Client player, and only a few are used as operating platform. The current domestic more popular video player before there are dozens of, now has on the hundreds, such as Storm audio and video, fast broadcast, Baidu audio-visual, popular, music, Sohu, etc. have their own players. But like music, Sohu, Archie Art player is to broadcast their own buy the copyright program, and like the fast broadcast and Baidu audio-visual, is to use the player crawl, pirated other web site content, try to borrow other people's resources to maintain their own operations.

The following omitted 10,000 words ... Details of the case

In the course of punishment, will there be any problem of Shenzhen the market supervision administration after the punishment of the National Copyright administration?

Han Zhidong: This is definitely not. The procedure of administrative punishment is very strict, this time on the fast sowing penalty is due to a right to provide more than 20 of works, there are screenshots, the evidence is downloaded, the administrative penalty does not need to be like a criminal case from the server to pick things, in terms of administrative punishment is enough, that can be punished, There is a right person to provide a screenshot of more than 10 works can be punished. Shenzhen punishment may be another reason, not the right to provide the work of the person. In addition, the fast-sowing of the violations in the National Bureau after the punishment has been there, and constantly new film and television works are infringed.

--Share some of the data I've got

According to an organization of public opinion platform analysis: Sina Weibo is still the most important distribution of information dissemination, on the "Fast seeding", "fast broadcast tort" or "fast broadcast 260 million" These keywords to search, micro bo information accounted for 97.33%. Big V in the microblogging platform and other opinion leaders from the media have played a very important role in the early days of communication.

Where do people focus on the fast-seeding event?

Guangdong province, especially in Shenzhen, because the fast-sowing "stronghold" is in Shenzhen;

From the city view, Beijing, Shanghai, Guangzhou, Shenzhen netizens on the "fast-seeding event," a higher degree of concern, mainly because the north, on, wide and deep netizens pay more attention to political news, perhaps this also shows that, especially for the first-tier city netizens, fast-sowing is to obtain pirated film and television drama works of important channels

Who pays attention to the fast seeding?

20-39-Year-old Netizens are most concerned about the rapid-seeding of the event, of which 30-39-year-old netizens occupy 54% of the proportion, beyond imagination? Fast broadcast to everyone's impression is that the use of fast-seeding are young people, the real situation to see young and middle-aged occupy the main, and 20-29-year-old netizens accounted for 36%; There is also a point to confirm that 97% of the attention of netizens are male, 3% is female.

This one...... Understandable.

As of May 20, the notice of administrative punishment was served, not the decision on administrative punishment, so according to the procedure, there is today's hearing.

Simply share the background of the fast-seeding event. On the afternoon of May 20, the Shenzhen Market Supervision authority on the fast-sowing service of the administrative penalty notification, the fast-sowing proposed to be punished 260 million yuan.

This is actually a prelude.

June 12, the National Copyright Administration and the network Letter Office, Ministry of Public Security and the Ministry of Police launched the tenth crackdown on cyber piracy activities of the Sword Network Action, referred to as "sword Net 2014". "Jian net 2014" mainly has four aspects of work: first, the protection of digital copyright, the second is to standardize the network reprint, the third is to support the rights of the Law, four is to punish the infringement of piracy. This is the sword network has been the theme of the past few years, such as in the punishment of fast-sowing and Baidu audio-visual piracy problem.

Who's on the cusp?...... In addition to the fast seeding, there are today's headlines.

But Nirvana, heard that the situation of these two is completely different, the fast-sowing yellow, today's headline is mainly copyright issues-it is said that as long as the settlement, it is OK, at most is a few two silver--I mean lightly to punish. So I think there will be a lot of media and today's headlines, and the news of the settlement. Oh, say, I'm going to go to the headlines today. Come back ... This paragraph is not on the table, the day after tomorrow.

Today, two o'clock in the afternoon half fast broadcast hearings in the market supervision of the hearing of the conference room, fast-acting lawyers and fast-seeding staff to participate in the hearing, in addition, music, Youku also as a witness to attend the hearing.