The fast-seeding has been signed. 260 million penalty decision the application of the safe haven principle is officially denied.

Source: Internet
Author: User
Keywords CCTV penalty
The fast-seeding has been signed. 260 million penalty decision Book Haven Principle was officially denied "TechWeb report" June 26 news, this afternoon, the Shenzhen market Supervision Authority officially to the fast-seeding company served the "Administrative penalty decision book", 260 million yuan ticket effective today. It is understood that the fast-seeding company has signed the decision, and earlier in May, the Shenzhen market supervision authority to the fast-seeding company issued the "Administrative penalty hearing" was refused to sign. It is understood that the rapid broadcast infringement of other people's Information network transmission rights case hearings held this month, 17th, the results of the hearing punishment to maintain the original "administrative penalty hearing" in the content of the proposed punishment. At the 17th hearing this month, the fast-seeding company made the following points: 1, the fast-seeding company's behavior does not have the subjective intention, should apply the safe haven principle, does not constitute the administrative illegality. 2. There is no evidence or sufficient evidence to prove that the fast-seeding company infringes the public interest. 3, the fast-seeding company has carried out rectification, this case belongs to repeat punishment. 4, the proposed administrative fine amount and its calculation method is wrong. The Shenzhen market supervision Administration said that at the hearing, the fast-seeding company and the case unit, the third person in the cases, and so on the above views of the heated debate, the final hearing group to maintain the handling of the punishment proposal, the main reasons are: 1, the fast-seeding company submitted evidence does not prove that it does not infringe the subjective intent The evidence verified by the Bureau shows that it violates the infringement and subjective intention of violating the right of information network transmission of others. 2, the fast-seeding company without the copyright owner's permission to disseminate the infringing works to the public is essentially to reduce the unfair competition behavior of operating cost management, which violates the management Order of fair competition in the market, thus damaging the public interest. 3, the fast-seeding company in the National Copyright administration to make administrative penalties, ordered rectification period after the end, is still in the implementation of tort, so this punishment does not belong to one thing again punishment. 4, the case of the illegal operation of the amount of the determination of compliance with the relevant provisions, the illegal operation of the amount of three times times fine punishment is appropriate. In addition, the Shenzhen market supervision authority said that at present, the administrative penalty decision of our Bureau on the fast Seeding company has come into effect and the parties concerned should pay the fine to the Shenzhen Finance Committee within 15th. If the penalty is not paid, the daily penalty is 3% Plus. If the parties are not satisfied with this penalty decision, they may apply to the Guangdong Provincial Press and broadcasting Bureau or the Shenzhen Municipal People's government for administrative reconsideration within 60 days, or they may sue the people's Court directly within three months. It should be noted that administrative review or litigation during the administrative punishment decision not to stop execution. (Anton)
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