Grassroots webmaster: The Future, I am also the witness of the network change

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Recently a period of time of the network renovation campaign intensified, the two days and surprised to hear Google to quit China, the individual to do a station and more difficult. Government regulation Network, is to build a harmonious online community, but the personal site is implicated in innocent, operating for many years of the Web site said shut off, the individual legitimate rights and interests completely without protection.

A5 Forum bbs.admin5.com January 14 Thursday Edition chat activities, inviting it legal people-Zhang Yixiong together to discuss "network remediation, grassroots webmaster How to safeguard their legitimate rights and interests", to explore in the current legal system, webmaster how to protect rights. This article in the collation version of some of the key points, welcome to discuss together.

Q: Hello, lawyer Zhuang, can you tell me the latest internet situation from a lawyer's point of view?

A: Recently, coincides with the network crackdown. pornography,. cn Domain name rectification, forum record, white list blacklist and so on, make webmaster feel the domestic Internet winter. In this, I hope that the webmaster can be strong, together through the winter, to greet the advent of spring. The current situation is that the government wants large enterprises, preferably state-owned enterprises to do the Internet, so good regulation. This regulatory storm, the government's attitude is that even at the expense of some employment rate, but also to correct the Internet's public opinion, the fierce.

Q: 1. How do we complain about a legal website? 2. For the former personal name of the CN domain name to be linked to the company's practice, how do we complain; how many odds are there?

A: 1, can you elaborate on the meaning of a knife? In general, the Government will certainly take tough measures against illegal websites, and then the Telecom Access Chamber is concerned that the scope of the illegal website will be enlarged. As long as it may be illegal will be closed, and then to the IDC,IDC very helpless, to him here, the policy has become more hard-line, the actual IDC is also very helpless.

2, cnnic for the previous individual registration. cn Domain name rectification completely in the blind, if there are involved webmaster can give me mail itlaw@163.com, we can unite to do a rights.

Q: CN domain name was revoked for the record is prohibited to resolve, why? Even if it is a virtual thing, we paid for it?

A: Domain name rights are actually a right to use, not ownership. especially. cn domain name. But you are very interested in the situation, you can send an email in detail.

Q: Cnnic is not allowed to register CN country Domain name, is not monopolistic behavior, which discriminates against individual webmaster practices, whether illegal; Can this matter, sued CNNIC this organization?

A: This situation, grassroots webmaster can unite together, together rights, I can provide legal assistance.

Q: What are electronic announcements? What types of websites are included? for example. is the message class all counted? If so, will the current business-to-business, consumer, and classified information classes not be able to do so?

A: This is the present legal provisions to keep up with the existing Internet system. The regulation of electronic bulletin boards appears to have been introduced in 2002. There was no web2.0 at that time. Now many of the original sites are distorted, many types of sites have been difficult to identify is not an electronic bulletin board. So now the regulations look a little behind.

Q: If you do a regular website, the machine room is cut to close, sued the computer room, this need which process, is sued IDC, and then the room as the second defendant, or? If all formalities are complete, the electronic Bulletin card, has not batch how to deal with.

A: 1, according to the contract relationship is IDC,IDC will definitely lose, when it must be submitted to the trusteeship or lease contract. Can QQ contact, explain the specific situation.

2, BBS because the supervision is more difficult, so the government is more afraid. He does not approve of two possibilities, one is not to take responsibility (in case something happens, like CCTV will certainly interview the regulatory department), the other is to get the benefit (national conditions). Theoretically can be administrative reconsideration, administrative litigation, but not afraid of the official afraid of the tube. For the national conditions I also very helpless.

Q: Individual IDC to the computer room across, the room of other legitimate owners are damaged; webmasters can be Shangpei to pay for the loss of IDC, is to sue Telecom or directly to the IDC?

A: Contract relativity, is to tell IDC. Tell IDC. Can sue. But the amount of compensation, you can look at the contract first. The expected amount may not be met if compensation is paid on the basis of loss.

Q: I personally feel that if you want to go to court, first find the legal provisions that can be backed up by your own opinion, the most time is a "method" or "regulation", and as far as I know, China's legal provisions in the field of the Internet are so few and simply impossible to follow, and if I do so, I think I'm afraid the odds are slim, At most also stir a little spray just, the function is not big.

A: Only by moving forward can progress be achieved to obtain the right. Otherwise, even if the infringement, do not send a voice, then the next time will not encounter this situation.

Q: I want to ask Zhuang lawyer, imitate other website template, whether violates the relevant law?

A: Under normal circumstances, creativity cannot be protected by law. If a template is designed very well, others can emulate it. But imitation is not copy, if the template pictures, code, JS and so on all copied over, this affirmation belongs to copyright infringement. Whether or not you're talking about a crime. Tort is generally the civil tort liability, only to a serious extent can constitute a crime, to investigate criminal responsibility, general copyright infringement is not easy to constitute a crime.

Q: Then I ask the guests, if it is my station, the site has been copied by others, including art pictures, can sue them infringement? What regulations should be used to sue them, accuse him of what crime, and what should they compensate?

A: This can tell. As long as the other is a can find the domestic individuals or companies. But after winning, we have to consider how to get the compensation. You can refer to the three orientation.

Q: The recent CCTV is not open network television domain name is www.cntv.cn if I take www.cntv.com to get a website, will not constitute infringement?

A: Now the state for video site supervision has risen to a certain height. After all, video web site will become another kind of television media, influence the direction of public opinion. There are several large private video sites have risks, for small sites, the risk is greater.

Q: What if the legitimate Web site is closed? No yellow, no illegal information, just a cut of the ripple, such a situation can find someone to pay for? Does the law have such protection?

A: This is a question of whether a regulatory instrument is legal. Now the supervision is the sacrifice of part of the legitimate interests of station owners.

Q: Zhuang lawyers think that the current internet situation, grassroots webmaster do what the site is easier, will not be closed? How to do a good job in the legal scale of personal webmaster?

Answer: hehe. Be legit. But now the legality is becoming more and more vague. For example, vulgarity is not a legal concept, but a moral concept.

Q: The legal yardstick is too difficult to grasp. Today, the government said that this is legal, it is legal, it is illegal to say that tomorrow is not legal, can the law have a specific provision to explain the legal standards?

A: There is no better way, this is the status quo.

Q: Hello Zhuang lawyer, see the outdated in the Maoming network police record, this is not counted as BBS special record? If, in the county network police can BBS special record?

A: The Public Security Bureau actually does not have the right to carry on the website record. But local police have launched their own records to make it easier to manage local websites. And this record does not equate to the BBS record.

Q: Now the case of grassroots webmaster must be badly beaten, many people have said that the policy can be developed, to do so to survive. The problem is that a lot of documents are not easy to do, the webmaster also need to cooperate with the policy, but difficult, survival is a problem. Can't the people in the department see it? How does the law maintain the webmaster?

A: The government has chosen the latter, in part because of unemployment and close supervision.

Q: Zhuang lawyer, asked a digression, 12th Baidu was attacked, as if the foreign hackers for, if the hackers in China, was caught the inevitable severe punishment, the Law on the legal penalty for hackers, because it affected the Baidu this enterprise, that personal site how does not these regulations? If you break the net, who will pay for the loss?

A: The law serves the ruling class. If it affects social cohesion and stability, it will certainly be sanctioned by law ...

Q: That is doomed to ordinary can not defend the rights, said today, "personal webmaster rights" is just empty talk.

A: Cannot cover the whole. Not empty rhetoric, but the internet to make the rights of the complex. After all, there are too many cross regions, it is too difficult to find infringers. For example, you buy things on Taobao, maybe you are in Shanghai, sellers in Tibet. You went to Tibet to defend the rights AH. But in reality, surely near the door of the house. Another example, in real life, dumplings store have business place, business main body, but on the network, what is fictitious, how to know each other is who. This is the network form problem, and can not say "personal webmaster rights are empty words."

Q: Wang's article said, only to recognize the situation, stationmaster can have more living space. That personal webmaster is not only first "endure humiliation", helpless sacrifice, and so on the Internet trend stability, and then continue to attack the Internet, unfortunately it was too late.

A: Now the retreat is tantamount to giving up your rights. The consequences are even worse.

A: Listen to the lawyer, even if it is a lawsuit, we can be a pioneer. In front of the state apparatus, any argument is small Ah ~ helpless ~ ~

A: Although small, but still can push a little bit.

A: Things have two sides, can only be optimistic to tell themselves, I am witnessing history, I also made a little contribution to promote history.

A: All in all, we are at this stage of history, regardless of whether we are willing or unwilling to face. Network Remediation Campaign, we can only comply with the sacrifice, it is the need for history. Cup with AH ~ ~

A: Yes ~ sometimes sacrifice is a kind of historical need, we are the group of people who are "needed" ...

Answer: Brother, optimistic enough, haha

Q: Zhuang lawyers believe that the current network environment, personal webmaster do what type of site is easier to survive?

A: Related to public opinion-oriented, such as video sites, forums, news sites, Guining retreat. Taobao similar shop, certainly also can. The novel station, the music station, only has the future with the copyright person cooperation. You see this Google Book event and Yao team and Google cooperation Top100 website.

Under the current internet situation, the grassroots stationmaster group survives difficultly, must defend the rights more not easy, if and related policy head-on conflict is Ishing. Grassroots webmaster To understand the current situation, the rational view of the problem, and actively cooperate with the relevant policies, it is possible to survive in the cracks. Chinese characteristics of the Internet reform is underway, and grassroots webmaster is fortunate to experience, had to optimistic to himself that, "I am also a witness of the network change!" (Wen/Meng Jiang finishing)

More about the webmaster rights of discussion can also go to version chat posts to see, post address: http://bbs.admin5.com/viewthread.php?tid=1549118&from=