The "Administrative Punishment Decision" officially arrived at the headquarters of Shenzhen Express

Bai Yajing by reporter from Shenzhen

Yesterday (June 26) afternoon, "Administrative Penalty Decision" (hereinafter referred to as "Decision") was officially sent to the headquarters of the fast broadcasting in Shenzhen, 260 million yuan ticket effective immediately. This means that the nation's largest single ticket to deal with infringement officially opened in the noisy month after January. According to "Daily Economic News" reporter has learned that behind this huge ticket, not only the country severely punished piracy infringement factors, but also the online video industry "encirclement and suppression" situation.

The largest ticket

Yesterday, "Daily Economic News" reporter in the fast broadcast headquarters located in Shenzhen High-tech Park saw the company's headquarters has two floors, although only 22 people in its 22 layer to work, but in its 23 layers There are more people, it seems still normal work. As a result, the reporter consulted an unidentified fast cast staff member is still operating normally fast broadcast, which said, "The server has long been off, but also what to operate." Reporters continue to question the status of the game department, the staff will not answer, hurried away.

Fang Canyu, a member of the inspection team of the Shenzhen Market Supervision Bureau (hereinafter referred to as the Shenzhen Municipal Market Administration), said after serving the "Decision," the "Decision" upheld the proposed penalties proposed by the "Notice of Hearing" a few days ago, 260 million yuan fine, and fast broadcast should be paid within 15 days, if not overdue, then the daily penalty plus 3% of the total penalty. This is also the largest domestic ticket infringement ticket. According to a rough estimate by the reporter, if overdue, the daily penalty will be more about 7.8 million.

Although the fastcasting may object to the council's 260 million yuan of dissent, apply for administrative reconsideration to the Guangdong Press and Publication Bureau or the Shenzhen Municipal Government, or directly to the people's court, Fang Fangyu said during the administrative reconsideration or litigation, Administrative penalty decision does not stop execution.

"Daily Economic News" reporter on the scene at the headquarters of the fast broadcast on the 26th learned that the "decision" shows that "without the permission of the right owner, the fast broadcasting company, through its operating fast broadcast player software to the public spread" Beijing love Story "and other 24 film and television works."

According to the report before the Daily Economic News, Zeng Yaodong, Director of the Policy and Regulation Department of the Shenzhen Market Supervision Bureau, described the illegal operation amount of "fast broadcasting" as calculated from the average price of the copyright market infringed upon by him. This means that the film's 24 allegedly infringing films and TV dramas identified by the Bureau are the key basis for its decision that the fast broadcasting company should make about 87 million yuan in illegal business. The large number of fines this reporter reported earlier interviewed a number of legal experts said that this is mainly due to the January 2013 implementation of the "Copyright Law" prior to the "and may be imposed a fine of 100,000 yuan" to amend A "fine of not less than 50,000 yuan in illegal business and a fine of not less than 1 times but not more than 5 times the illegal business amount".

Internal and external difficulties

Since the end of last year, fast broadcast has been ridden with negative news. First, in the second half of 2013, along with Baidu Video, one after another by the Tencent, Youku, Music and other established "China Network Video Anti-Piracy Alliance" prosecution. Then, in December 2013, it was fined another 250,000 yuan by the National Copyright Administration.

However, the fastcasting was delayed until April 16 this year, anti-piracy statement, said it would close the Qvod player. However, this has not reversed the situation that has changed so drastically since. April 22, fast broadcast headquarters was reported by the Jurisprudence, which was a large number of police officers a surprise investigation. May 20, the Shenzhen Municipal Market Authority is more out of punishment 260 million yuan punishment for piracy hearing.

According to public information, there are many infringement disputes about "fast broadcasting" before 2013, however, "fast broadcasting" won more and lost less. In addition, according to a "fast broadcast" infringement case of the Futian District People's Court of Shenzhen Municipality, the court held that "the fast broadcasting company presumed to be the provider of products can not subjectively infringe on the rights of others only by fast-broadcasting software Fault, it should not be affirmed that the accused broadcasters subjective fault. " However, since 2013, the cases involving the infringement of "fast broadcasting" have successively entered the "Top Ten Cases of IPR Fighting 2013 by the State Copyright Administration", the "Top Ten Cases of Guangdong Intellectual Property Trial in 2013", the "2013 Shenzhen Intellectual Property Ten Big case ". This means that from the state to the place, from the government to the courts, officials have reached a consensus on the alleged infringement of "fast-broadcasting".

Fast broadcast recently been repeatedly investigated and fined, on the one hand with the country recently launched "Net 2014" "Jian Wang 2014" to combat online obscenity, piracy related violations, on the other hand with the network video industry's "vertical and horizontal "related.

At the hearing on June 17, Tencent was not only the major informant, but also provided Youhuo and LeTV with a large number of witnesses, material evidence and even classified copyright prices to prove the alleged infringement of the fast-broadcasting. According to an anonymous old employee Baidu revealed to reporters, "This piece of online video has been called to fight, Tencent, Youku that anti-piracy alliance has been relatively hot, but before that there are all kinds of alliances."