The fast-seeding site refuses to sign a 260 million-dollar ticket.

[Abstract] on the day of the issuance of the notice, the rapid broadcast in the absence of a person in charge for the reasons, so that the market supervision Board will be informed of the handling of the lien service.

In recent days, there are news rapid Broadcast Technology Co., Ltd. (hereinafter referred to as fast sowing) because of suspected multiple serious piracy, facing a fine of 260 million yuan punishment.

Yesterday, that is May 21, "Daily economic news" reporters to the Shenzhen market supervision of the Bureau to verify that the decision has not yet formally issued a penalty for fast-sowing fines, but only the "administrative penalty hearing", but was fast sowing on the spot refused to sign.

and Shenzhen Market Supervision office staff Peng Conglin said, if according to the procedure, the rapid broadcast can also through the hearing, the administrative reconsideration, the prosecution and so on a series of procedures, proposed to the fine amount carries on the review, if the fast sowing can find other to benefit oneself's evidence, "then may actually not be able to punish

Quick to refuse to sign the notice of punishment

Yesterday, the daily economic news reporter learned from the Shenzhen Market Supervision Bureau, because the fast-sowing violation of the relevant intellectual property laws and regulations, the Bureau on the afternoon of May 20 to the fast-sowing service of the "Administrative penalty Hearing Notice", Involving a fine of 260 million yuan, but due to the fast-seeding site refused to sign, Shenzhen market Supervision Administration has implemented a lien service, will inform the company at the door of the fast-seeding.

For the reason for the fast-seeding refusal to sign the notice, Shenzhen, the office of the Peng Conglin, said it was "unclear".

Reporters yesterday morning in the fast-sowing scene, the fast-seeding door without the above notice, and fast-seeding staff are not willing to take this matter to the reporter's interview.

On the basis of punishment, Peng Conglin said, the department's law enforcement agencies to know. For a 260 million-dollar ticket, Peng Conglin said it was not clear that the country's biggest ticket in the Intellectual property field was unclear, but it was the biggest penalty for infringing intellectual property rights since the establishment of the Shenzhen market Supervision authority.

The journalist noted that the ticket was limited to infringement of intellectual property rights and did not involve "yellow" penalties. Peng Conglin said that this is intellectual property cases, "involved in yellow" does not belong to the tube.

Piracy penalty is not the first time

It is noteworthy that the Shenzhen market supervision authority on the afternoon of May 20 served as the "Notice of administrative penalty hearing", rather than administrative penalty decision.

Peng Conglin to the daily economic news reporter that the notice is not an administrative penalty decision, according to the procedure, the rapid broadcast can also through the hearing, administrative reconsideration, prosecution and other procedures, the amount of the fine to review, if the rapid broadcast to find other evidence in favor of their own, "there may not be so much punishment." Peng Conglin also said that at present, there is not much information can be published, the relevant information can refer to the Shenzhen Market Supervision Authority Weibo (20.25, 1.18, 6.19%) published content, the final processing results will come out next week.

Kwong Shing Law firm is well aware of the production of lawyers Liu explained that the law, for the larger amount of punishment, must hold a hearing before the decision to be issued, if the company can not be punished to apply for administrative reconsideration.

This means that the 260 million-dollar ticket can eventually open, waiting for the follow-up performance of the fast-sowing.

However, according to the reporter understand, before because of "yellow", a large part of the rapid broadcast of the senior staff were arrested, the fast-seeding boss Wang (Micro bo) is not in the mainland. The yesterday, the fast-seeding is no person responsible for the cause, so that the Shenzhen market Supervision Board will inform the book as a lien service processing. The situation of "no handsome in the army" undoubtedly makes the situation of fast sowing worse.

However, it is not the first time that the fast seeding has been fined because of suspected piracy problems. Last December, the national Copyright administration imposed a fine of $250,000 on the fast seeding of the piracy facts and ordered it to stop the infringement. In this respect, Liu said, this 260 million yuan punishment may belong to repeat punishment.

According to the reporter understands, the administrative punishment has "one thing no longer punishes" the principle, namely to the litigant same illegal act, may not give two times the fine. The proposed fine of $260 million is a repeat punishment and the journalist has not received an official reply.

When will the huge fines be counted?

"I have never heard of such a penalty before, mainly because of changes in the provisions on fines last year." "Liu said.

Liu introduced that the incident may involve the copyright law, the provisions of the regulations on the enforcement of copyright law, the protection of the right to disseminate information network and the relevant judicial interpretations, which stipulate that the amount of the fine is mainly "the amount of illegal business is more than 50,000 yuan, the amount of the illegal business is 1 time times more than 5 times times the following penalty".

It is understood that the "implementation of the copyright law", "Information Network Dissemination Rights Protection Ordinance" have this provision, January 16, 2013 by the State Council executive Meeting adopted, and March 1 in the same year, the official implementation, and before this is only "and can be fined under 100,000 yuan."

According to the Daily economic news reporter analysis, in the "law not retroactive" principle, the Shenzhen market Supervision authority of the punishment can only be calculated from last March, if the maximum of 5 times times the fine, fast-sowing at least 14 months for piracy and profit over 52 million yuan.

However, Liu said that in the actual judicial operation, the "law does not go back and the past" principle of implementation is not good, so the rapid seeding may be from the "safe haven Principle" to start a plea.

The "safe haven principle" refers to the network service provider, as a user's Internet tool, which can be defended if the infringing works or the link of the infringing works are deleted after receiving the written notice of the infringer.

Accordingly, only provides the search, the playback function does not provide directly the pirate movie The Fast broadcast, "cannot control and the audit user uses this software to play and to watch the film and television work content and the nature" as a result, has won 2009 with the Huaxia Joint Holding Limited Company's tort dispute lawsuit.

This time, can the fast-seeding be as lucky as it was 5 years ago?

"The industry thinks that it will happen sooner or later. Liu said that in order to prevent the "safe haven Principle" abuse, the law also stipulates the "Red flag principle", that is, according to the Information Network dissemination Rights protection Regulation 23rd, "(Network service provider) knowingly or should know the linked network works infringement, should assume the joint tort liability." ”

Liu For example, for example, a week ago just released a film, immediately there is piracy outflow, that this obvious infringement, "safe haven principle" to the infringer no longer applicable, should be actively deleted.

Recent rapid sowing has been investigated for spreading obscene pornographic information

April 13

The national "pornography" office and other departments issued "on the launch of the crackdown on obscene pornographic information online bulletin", the Internet obscene pornographic information for a comprehensive inventory.

April 16

Fast-seeding two announcements said that the company has started the business model transformation, from the technical transformation of original genuine content. In order to completely eliminate pirated vulgar content, decided to shut down the QVOD server.

April 23

Shenzhen Municipal Public Security Bureau confirmed that, according to the mass report, fast sowing suspected spread obscene information, the public security organs are verifying.

May 15

National "pornography" office announced: Shenzhen fast-sowing technology companies to disseminate obscene pornographic information was investigated.