HC Domain Name closure event: Lawyers claim to be internet hegemony

Intermediary transaction SEO diagnosis Taobao guest Cloud host technology Hall

April 21, 2011 afternoon, HC network domain name suddenly unable to resolve, lead to up to 4 hours, HC network can not access, after the HC network and its domain name service providers in China million network communication, learned that the Department of the one months ago, there are foreign customers complained about online infringement of HC products, but China million network has not been with Hui-cong contact, And then directly after one months, stop the analysis of HC domain name, resulting in Web site can not visit, China million network response said that the cessation of analysis is based on relevant provisions, is in accordance with the law.

The author as the Internet professional lawyer, very interested to know what China million network can allow the domain Name service provider to stop the resolution of the relevant provisions in the end is which provisions?

In fact, whether it is "Internet Information Services Management measures", "China Public computer Internet Network management measures" or "China Internet domain name management measures", which stipulates the right to punish or break the network of institutions are not an administrative organ.

Then see the latest "Ministry of Commerce, Ministry of Industry and Information Technology, Ministry of Public Security, People's Bank, General Customs administration, General administration of Industry and Commerce, AQSIQ, press and publication Administration (copyright), intellectual Property Office on further promotion of Internet shopping in the field of combating infringement of intellectual property rights and counterfeiting of fake and First of all, the notification specification is for objects like Taobao, Pat, and so on the network shopping platform, and HC network as a contact domestic enterprises and domestic buyers of business-to-business E-commerce platform does not fully conform to the definition of online shopping platform, even if it is a network shopping platform, the notice is only so stipulated:

On the Internet shopping platform which violates the intellectual property right circumstance seriously, business, industry and Commerce, communications, press and publication (copyright) and other departments to take the legal interview, warning, rectification of the time limit and other ways to urge the development of their health norms, the period of rectification is not in place and serious circumstances to be dealt with strictly according to the law, until the cessation of its website access

From the above provisions can be summed up three points:

1. The main body of the implementation is the State administrative organs;

2, the existence of infringement of intellectual property rights and serious circumstances, first must be interviewed, warning, rectification and other means of the deadline;

3, the above means is invalid and the circumstances are serious, still can take stop the website Access service and domain name resolution service.

And China's network is not an administrative organ, there is no administrative authority to stop the HC network of Domain name resolution services, then, China million net rudely unilaterally stop the domain name resolution service behavior, can only be a breach of contract and tort, breach of the breach is China million net and HC network related domain Name service agreement, Infringement is the right to use the domain name of HC NET, at the same time, this kind of stop analytic behavior has already caused the huge loss that many clients of HC NET can't visit.

In a comprehensive sense, this incident occurred, and China's domain name service providers are particularly large domain name service providers have always been strong, in these domain name service providers Although said services but never understand the true meaning of service, which also has a very close relationship with the vacancy of responsibility, I hope this event can give these domain service providers sounded the alarm, Just as hegemonism in international relations will be spurned by the international community, the hegemony of the Internet can eventually be punished.