App Store repeatedly accused of cell phone rights and regulations sound

Chen Zhuyu Since Apple introduced the concept of mobile App Store, Nokia, Google, Microsoft and other major handset manufacturers and platform providers have also built their own application stores. However, because the mobile app store in the development process ignores the copyright question, causes the more and more mobile phone rights protection incident to occur. Recently, the video Network and China Encyclopedia Publishing Co., Ltd. to the alleged infringement of the Apple company to court, the issue of mobile phone infringement has gradually entered the public eye.　　If the mobile App store does not attract enough attention and copyright protection, it is believed that more and more mobile app stores will become the protagonist of copyright infringement, and the development of mobile Internet will fall into a new predicament.　　Application stores into "hardest hit" now, users can easily download movies, music, books, apps, etc. from the mobile App Store, and these "free lunches" are mostly at the expense of copyright infringement, to the relevant copyright party and the domestic copyright protection system has brought impact. A succession of copyright violations occurred in the mobile App Store. A few days ago, the Apple App Store offers dozens of copyrighted works, such as the complete collection of Han's novels, for users to download without Han's authorization, and Wu Xiaobo's best-selling book, "Surging for 30 years", was also sold out to Apple's App store without authorization. More than these are the authors of the Apple App Store, where most of the Chinese writer's work currently sold in Apple's App Store has not been authorized by the author. In this respect, there are more than 10 publishing institutions and some well-known writers of the Alliance, to set up a company to establish the Internet copyright protection work.　　In addition, video website Music Network also and Apple company in court, in the Apple App Store on the "painted Skin" and other film and television dramas of piracy proceedings; The video network also found that "panda audio-visual" in the case of unauthorized, to provide the public with download services, the dissemination of dozens of music video network to enjoy the exclusive right to disseminate information network film and television works. As mobile phone users of mobile phone books, video and other demand is increasing, to Apple as the representative of the mobile phone application store, fear to become after Baidu, text copyright party, video Copyright party another big "public Enemy."　　It is not difficult to foresee that if the mobile phone app Store is still indifferent to mobile phone infringement, it will be repeatedly accused. The low cost of infringement encourages unhealthy trend so, what causes the frequent occurrence of mobile phone infringement incidents?　　How should the mobile App store take the appropriate measures to strengthen the copyright protection? First, the mobile app store ignores domestic copyright issues. Apple, for example, blamed several Japanese publishers at the end of 2010 for piracy of some Japanese digital books sold at Apple's App store. After several Japanese publishers protested the infringement, Apple said in a statement that it would "take appropriate measures immediately to resolve the complaint". Compared to the copyright works "painted Skin" by the infringement, Apple uploaded most of the infringing works not only not strictly audited, but also to upload the infringement of the attitude of acquiescence, allowing the infringer to collect download fees to users, and profit from it. According to Apple's App store, Apple can get 30% of its pirated salesCommission。 Second, the mobile app Store has a different product audit standard for its sales. Apple, for example, currently has two content-download stores, one in the music-and-television itunes store and the other in the App Store, which is the main download app. For the itunes Store products, Apple generally through direct and film companies, record companies, publishers, authors and other copyright parties directly to the sales, audit relatively strict. In the App Store, according to Apple's App Store review Guide, its main review is application technology specifications, and copyright issues are not the focus of the guide's review. It can be seen that Apple has not done all the audit of copyright liability, condoning the existence of piracy, the mobile phone infringement of the frequent occurrence. According to the relevant provisions of our copyright law, any organization providing Third-party platform services has the responsibility and obligation to uphold the rights and interests of copyright owners.　　Therefore, to strengthen the copyright awareness, the early establishment of a copyright review mechanism, mobile phone application shop is duty-bound. In the face of serious violations, Apple China has yet to establish a corresponding channel of complaint or provide legal support. Looking at Apple's official complaint Web site, the complaint address and phone calls are from Apple in the United States. This means that when the domestic copyright party found that the content was pirated, only to find Apple U.S. companies to complain.　　In this respect, it is necessary for Apple to provide channels of complaint and legal support as soon as possible to safeguard the legitimate interests of copyright owners. Third, China's mobile phone infringement compensation is too low to promote the mobile phone app store infringement. Not long ago, the Chinese Encyclopedia Publishing Company Limited and Le Video network have sued Apple for 535,200 Yuan and 100,000 yuan respectively for claiming that his information network was violated. A small company called Mirror Worlds LLC in the United States sued Apple for violating its patent rights, obtaining up to $622.5 million in compensation. Compared to the above case is not difficult to find, even if the video and China Encyclopedia of the final win for Apple, the loss of only more than 600,000 yuan, this is undoubtedly nowhere, is not a deterrent.　　For the mobile phone store piracy, the state-related departments not only to combat, but also severe punishment. In addition, the lack of protection and the corresponding rules and regulations are missing is also caused by mobile phone infringement repeatedly banned a major reason. Despite the increasing public interest in mobile phone infringement, and the relevant stakeholders have considered the legal way to solve the problem, but the current mobile phone infringement rights are still difficult. Intellectual property experts said: "The evidence is difficult, the right to find in a relatively short period of time is infringed, the judicial part of the recognition of the technical ambiguity, which makes the mobile phone rights into a dilemma." "In addition, because Apple has no subsidiaries in China, the lawsuits will become an international lawsuit, which will cost a lot of energy and costs, and even if the final win, the copyright owners will be able to recover less compensation." In addition, Le Vision Network Law director Liu said that at present, for mobile phone infringement problem,The law has not made specific provisions, but the network infringement has made a unified regulation, but not to the computer or mobile network. In the face of the phenomenon of mobile phone infringement, it is difficult to prevent the recurrence of mobile phone infringement by mobile phone application store self-examination, and to speed up the improvement of domestic mobile phone infringement laws and regulations is fundamental.