Internet video piracy and anti-piracy: Everything for the benefit of

Do not know why, martial arts novels in the "Thieves" seem to be mostly good people, at least not the wicked, such as "Shoot carving Hero biography" in the so-called "Shine" Chu, Cologne pen "Chu Liuxiang", "Water Margin" in the Shikian and so on. Their ability to steal marvellous, let people have to clap, as readers of us rarely think "stealing people things" is right or wrong. In the Internet world, there are some people who specialize in "stealing", and have a large number of advocates, this is the Internet pirates. Pirated people fancy a lot of things, novels, articles, film and television, games, music, all inclusive, which, to film and television plays as the core of the network video piracy is undoubtedly a piece of fat. On a day when computers are not so popular. There will be many hawkers selling pirated DVDs in the streets, subways and bus stops, and they are the major "film and television Distribution" Armies of the year. At that time, cinemas were mostly dilapidated, and many cinemas in small places had been shut down. Although the hawkers profit handsomely, but the risk is also very big, because is the scene sells, carry the big packet small package The video, wants to escape is not easy, which day meets the law enforcement department "pornography", lightly is confiscated, the fine, the heavy is reeducation through labor, the sentence. The popularity of the internet makes it much easier to pirate movies and TV dramas. The Pirates no longer need to burn the discs, and they don't have to compete with the law enforcers to run faster. Internet piracy is beginning to go through a golden age. During that time, the film and television play of the copyright owners rarely come to trouble, one is the search for pirates is very difficult, the other even if found, also get no compensation. At that time, even without the concept of the right to spread the internet, copyright owners never wanted to be able to get income from the Internet. At that time, if the film was released seven days without internet piracy, a lot of film companies will be excited to celebrate. At that time, the main work of anti-piracy is to seek the protection of copyright law enforcement agencies, soberly in the film after the release of piracy do not flood the line. "Black ash industry" people are brain capacity of people, just when the copyright owners are not watching the network video industry, the Pirates have opened up a lot of revenue channels. Although cannot sell the dish, but through the Pirate movie website advertisement, the traffic flow sale, even hangs the Trojan horse and so on, the pirate people discovered that makes money unexpectedly to become so easy. Quietly, several network video giants appeared. Copyright owners began to sit down, they want to say, they think of a lawsuit. But things are not as simple as they think. According to the relevant provisions of the copyright law, the compensation standard of the copyright infringement lawsuit is two, one is the amount of the infringement, and the other is the amount of the loss caused by the infringement. And these two standards are hard to calculate, pirated people will not record the amount of his pirated profits to tell you, and your loss is not directly linked to a certain pirate, because there may be a lot of piracy at the same time, it is possible that you do not operate well, ghosts know why you pay down. Lawsuit won, the amount of compensation, copyright owners are embarrassed to say. Many similar lawsuits, copyrightThe final claim is not enough to pay the lawyer's fee. For a long time, the lawyer fee becomes the burden of the copyright owner. Anti-piracy must develop new ideas. At this time, some copyright owners began to try to ask the lawyer risk agent, that is, lawyers do not charge legal fees, but all the compensation received after the lawsuit is owned by the lawyer. At the same time, because the law stipulates that the copyright infringer should compensate the obligee for the reasonable limit of the lawyer's fee, the copyright owner will also help the lawyer to provide "has paid the lawyer fee" false evidence. In this way, lawyers will usually get a film of tens of thousands of yuan compensation "income", and copyright owners can not spend the cost of Internet anti-piracy, what it takes. At that time, many of the lawyers ' business, claiming to be "copyright law", were doing such business. Just as lawyers risk agency anti-piracy business in full swing, some intellectual property agency companies began to smell the business opportunities, they found its internet cafes in the ubiquitous "video library." At that time, many internet cafes to attract customers, will set up a "video library" on the computer, will be a number of popular movies or TV play downloaded after the inside. These intellectual property agencies began to contact a large number of film and television drama copyright owners, put forward with the copyright owners after the claim, and some even directly to the copyright owners to submit a fixed amount of anti-piracy business contract fees, only to be authorized by the anti-piracy agent. After the authorization of the copyright owners, these intellectual property agencies began to carry out a large range of Internet cafes forensics work, mainly to hire a notary office or take the form of video and so on, the Internet Café computer TV programs to do evidence preservation. The Internet cafes will then receive their claim letters. As long as the amount of compensation exceeds the Court's usual award, the final thing often ends in settlement. Through this anti-piracy model, some intellectual property agencies can earn tens of millions of of their income in a year. This anti-piracy model has become difficult as more intellectual property agencies, law firms, and internet cafes are waking up. Forced to make a living, some people even take a fishing or plant the way to carry out infringement evidence, such as intentionally provide relevant video to the Internet Café administrators in the computer sharing, and even upload their own films after the evidence and so on. Anti-piracy began to use weapon. Of course, this is not the first anti-piracy, in the area of trademark infringement, fishing and planted in the way of the infringement of evidence early have many practitioners, such as the manufacturer to customize a trademark of the merchandise. The development of anti-piracy mode has also reminded people that anti-piracy is not only a defensive means, but also a means of attack. Including film and television dramas, all kinds of application software, many of the rights of people have begun to "play side selling" or "to play to promote sales" strategy. That is to raise the "anti-piracy" stick, asking the infringer to buy legitimate network transmission or use authorization. At this time, the network video giants have been fully fledged, of course, can no longer blatantly pirated. So most of the platform took the "buy some, steal some" strategy, that is, money to buy some works of the network transmission rights, the rest is still pirated. Because they are clear, according to the present judicial status, through the court verdict of several film and television dramasThe amount of compensation must be much lower than the total purchase fee. Of course, the way of piracy can not be as rough as before, even thieves, practitioners have to pay attention to some technical content. These video platforms are no exception, they invented a "user upload" mode. Be caught pirate, say is the user uploads, have nothing to do with oneself. Their legal basis is the "haven principle", it is mainly based on the provisions of the Regulations on the protection of the right to disseminate information network, which stipulates that the 14th article provides: for the network service provider that provides the information storage space or provides the search, the link service, the right person considers the work, the performance, the recording video product which the service involves, Infringement of their own information network transmission rights or deleted, changed their rights to manage electronic information, the network service provider may submit a written notice requesting the network service provider to delete the work, performance, audio and video products, or disconnect from the work, performance, audio and video products. The 23rd article stipulates: "The network service provider provides the search or the link service for the service object, upon receipt of the notice of the obligee, the disconnection from the link of the infringing works, performance or audio-video products under this Ordinance shall not be liable for compensation; but knowingly or in the knowledge of the linked works, performances, audio and video products infringing , we should bear the responsibility of joint tort. "In accordance with the meaning of the video platform, the user uploaded the infringing works, I did not find that you told me, I deleted on the line." As for the true user upload, you know. At the time, piracy and anti-piracy game in a basically balanced state, look at that posture short time is difficult to win. However, Sohu video of the aggravating changes in both sides of the balance of power. September 15, 2009, a day must be loaded into the history of Internet video industry. In the previous days, Sohu video is also often sitting in the pirate dock. However, in a blink of an eye, Sohu video reverse water, joint excitement nets and three, launched the establishment of "China Network Video Anti-Piracy alliance", said to be three joint, in fact, another two is dine just, Sohu video has become "anti-Piracy alliance" leader. At the ceremony, we can clearly see the figure of the Chinese Copyright Association, Beijing Copyright Bureau, internet video copyright, film production companies and other institutions. The first battle after the Alliance, pointed to its network video industry leader Youku, potatoes. Sohu Video is undoubtedly the "anti-piracy" magic real master. In the Internet in many segments of the industry, in addition to when the eldest brother slightly safer, even the second, old, many are facing the fate of the destroyed. At that time Sohu Video, in the network video industry in the seating, at most is a small valet. Follow the other network video platform Step-by-step, sooner or later is dead. If you want to live, you must be the boss. And the shortest way is to suppress the opponents who have already ruled the Lord. "Anti-piracy" spell implementation, but also eventually helped Sohu video into the network of video industry giants. Today, most of the network video giants have basically completed the "wash white." "Anti-theftVersion "under the banner of more and more members. Whether it is true or false, anyway, you have to mix in this river, do not shout on the two voices "anti-piracy", always be regarded as heterogeneous. Of course, there are not Buxinxie, this is the "fast seeding." The fast-seeding operation is similar to the Thunder before, but its means is more secretive, the operation is more complicated, can be called "Pilfer saint". In recent years, the court ruling, basically ruled out the video industry can be based on the "safe haven principle" to circumvent the "user upload infringing TV play" tort liability. To get a free movie play, you need to think of a new strategy. Fast broadcast launched a "Qvod resource Server" program, using this program, anyone want to set up a film and television site, have become very simple, blink of the kung Fu will be completed. The fast seeding also can provide the movie the search, but does not directly search jumps to these movie sites, but first jumps to the other several search site platform. And such a search site platform, with the help of fast seeding, can also be very simple to complete the construction. The logic of the fast seeding is very simple, don't say I tort! I did not put the infringement film and television play on my server, I did not directly search for infringement of the film and television dramas, I just searched the results of other search platform and play. Anti-piracy of a few brothers are not willing to, you quickly think that others are fools, you play so iffy, you are not according to the rules of the Lake of Cards. All right, pick you up. November 13, 2013, the Anti-Piracy Alliance held a conference, claiming to have sued the fast-sowing and Baidu case hundred. In fact, it's just a obvious shot. There are indications that the parties concerned had once considered a criminal sanction of "fast seeding", but eventually stranded because of the concealment of its technology and the vagueness of the law. Unfortunately, many people have been arrested for setting up video sites. Mention fast sowing, always let me think of "Gecko", is that kind will "break tail to survive" animal. Baidu Video is obviously very admire the "fast-seeding" of "stealing", Baidu modeled on the "fast-seeding" of "Qvod Resource Server" program, launched a "Ray CMS system" of the construction of the station program, will "steal" continue to flourish. More because of Baidu before the "Archie Art", "PPS" video platform acquisition, supplemented by its powerful search function and flow support, Baidu video naturally become the thorn in other network video platform. Anti-Piracy alliance to Baidu and "fast broadcast" put forward a lot of "complaints", but these complaints can not be resolved at once, at least under the current legal framework, there is no "one recruit enemy" spell, Baidu and "fast seeding" are not "vulnerable" weak opponents. But one of the many complaints may be worth paying attention to, and that is the question of "abnormal jumps of the search engine on video". Baidu Video Search For example, when the user clicks the search results, not the normal jump to the search results on the site to play, but the technical means to achieve directly in the Baidu page to play. Put in the past, Baidu does not do video site site, may not be what the problem, as long as Baidu play my video when not to spot Baidu's own ads on the line. But now hundredTo do their own video site, other network video giants are certainly not happy, over the same term, no one remembers their video web site, so they think this constitutes infringement and unfair competition. As far as this problem is concerned, there may be more search engines in the future to join the fray. Who is right and who is wrong now it is difficult to assert that, as far as I know, a search engine used this model has repeatedly invited various "experts" to "legitimate" argument. It is a bold guess that different parties may get different rulings from the courts, whether such irregular jumps are lawful or not, and the way in which the court decides may consider the manner of the jump and the business background of the parties. Online video industry, there is no forever friends, there is no eternal enemy. For the copyright owner, who is against piracy, who pays me money, who is my friend. For video platforms, piracy or anti-piracy, they are fully considered their own factors, industry background and social environment, any choice, after all, is for commercial interests. Among online video practitioners, there are many experts in the field of copyright law practice. In particular, the industry "giants", their every step of choice and response, are based on their understanding of legal and judicial practice and the implementation of the contract, the operation of commercial operations also includes the use of law.