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Internet has penetrated all aspects of people work and live. As one of the emerging Internet applications of micro-Bo, is becoming a social and public opinion, corporate branding and product promotion, as well as an important platform for traditional media. However, in its rapid development, there have been some new problems.
Recently, Zheng Yuanjie, Kai-fu Lee, who complained in the micro-Bo, the creation of micro-blog content is plagiarism, a violation of their copyrights. In the spirit of sharing with the world of microblogging, for "140 words" denounce the copyright, or right is hypocritical? Underlie behind this kind of conflicting interests?
Xing plagiarism
"Micro-plagiarism" is cross-platform, cross-cutting
Recently, the "fairy tale king" Zheng Yuanjie in Sina Bo said, the original micro-Bo has been added V users (real-name authentication user) plagiarism.
See Zheng Yuanjie complaint, Kai-fu Lee, chairman of Innovation Works also try to search for his own creation to it, and found that 195 users have been copied, almost no label source.
In addition to the same microblogging platform copying between users, the other four forms of "micro-plagiarism."
Among them, cross-platform copy was "tipping" Sina, Tencent, Sohu and other portals dispute. Not long ago, Tencent microblogging users accused of copying its contents Sina microblogging and pictures - celebrities Tencent microblogging Liu, Karen's text and photos, Sina microblogging search, there were many identical, does not mark the source microblogging content. That someone dubbed "the emergence of 300 and 200 Karen Liu Xiang." It is noteworthy that a copy of the micro-Bo, and more for some of the inactive users.
Content from the user name to the integrity of replication, is a more complete copy. 2010, dozens of outbreaks of collective rights Sina microblogging celebrity events, denouncing the other portal microblogging copy. On 27 September the same year, writer Luo Zhiyuan published microblogging statement: "I found Sohu and other microblogging operators copied my Sina microblogging, including name, picture, micro-blog content and pictures. I hereby declare: I only play a Sina microblogging, microblogging to other published comments Yigai my name has nothing to do with me! "Zheng Yuanjie, economist Han Zhiguo, also made similar statements.
Newspapers and books, television and other media using a micro-Bo quotations, but did not inform the original creator and pay royalties, it is considered a plagiarism. Another view is that "micro-plagiarism" is not only in the field of micro-Bo, also occurs in stars, such as micro-contents entry fields. For example, interactive encyclopedia entries on plagiarism issues and disputes continue to Baidu Baike, and public comment to help network and the network also stars love to play four years of copyright lawsuits.
Competing interests
As long as there is traffic, we will be able to achieve business value
According to reports, the microblogging platform between the "moving content" is common. Current technology, a dedicated direct capture page software you can easily copy content; a large number of people, a microblogging platform batch capture account, and then packaged into another microblogging "zombie powder" account of. Crawl-based page can not be prevented, it is difficult to catch evidence, because they constantly change the IP address.
"Micro-plagiarism" is a consensus from the Internet: As long as there is traffic, we will be able to achieve business value. Microblogging opinion derived from the infinite value of the commercial value, is increasingly becoming the individual's new marketing tool in a crisis public relations, brand marketing, network promotion, and is especially prominent.
Microblogging this Internet favorite, a business battleground. Microblogging commercial operation, the price tag sale of fans, paid forward microblogging has long been commonplace.
According to industry sources, the "zombie powder" (registration not to publish the basic content of the microblogging accounts) brings value, but with the users to clean up "zombie powder" increase public pressure to maintain the "zombie" microblogging operations , we need content, originality, and preferably one's own microblogging platform does not have content.
Part of the microblogging platform, the connivance of such phenomena also contributed to the "micro-plagiarism." In this regard, Tencent microblogging responsible person, we can not determine plagiarism in the end is the "zombie powder" large-scale replication, or intends to capture the behavior of peers. Based on user complaints, the plagiarism did not stop, we believe that all micro-Bo industry have the responsibility and obligation to respect and protect the copyright of microblogging, the relevant platform replication behavior is also necessary to identify the source and stop the malicious copy, Tencent microblogging users against wanton behavior.
Protection of the storm
Work is not difficult to define, not the high cost of power rights
Behind these disputes, an issue emerges naturally: Is there a copyright microblogging?
Have friends that micro-Bo was supposed to share and spread the word even 140 is too hypocritical of copyright; that someone has said, microblogging is their hard work and then create a short, without being informed of the situation, we can not take profit by others .
Beijing Dacheng Law Firm Partner Weishi granary counsel, legally speaking, whether it constitutes a copyright is not to determine the number of words, but by ingenuity. For example, many ad creative originality, there is no doubt that work can form, and give the creators of copyright. In regard to copyright is, if the registration of some microblogging microblogging agreement of the copyright, in accordance with the agreed implementation; if there is no agreement, microblogging should belong to the creator, unless other evidence that the creators are not bloggers.
Associate Professor of Law School of Renmin University of China Yang believes that entry and comment on the contents of the independent author of the idea if it is the product of expression of the author and original thoughts, feelings, can constitute a work enjoys copyright protection.
However, although the relevant provisions of the copyright protection is relatively clear, but specific to the "micro-copyright" protection of the implementation, but there are considerable difficulties.
On the one hand, its "originality," the judge there are some difficulties. Yang explained that, for a short length of microblogging, comments, etc., more than a few words, to determine its originality, standard setting, etc. is not easy.
NetEase microblogging platform official said in an interview for the network reproduced the scripts, jokes, etc., is difficult to define who are the real creators, microblogging forward in learning from each other in an interactive, learning, development, extension of the phenomenon is common.
In addition, Yang said, to determine if there has been a clear infringement of rights of ways and means of relief, there are difficulties. On the one hand, because when the proceedings are only one, if the tort account more, then obviously it will be a very difficult task; In addition, in the present network is not real-name system in the case, to find infringement of the people and entities not easy. On the other hand, the commercial value of microblogging and other assessments, the calculation of the loss of interest are new in the current issue.
Tencent microblogging official personal experiences, although there have been noted for its microblogging plagiarism, but it is difficult to take measures to rights, because "even the divisions who do not know," can only be called on industry self-regulation.
NetEase microblogging platform, said the official, bound only by mutual friends, we have become a common "network manners."
Violations occur, the microblogging platform is jointly and severally liable?
Tencent microblogging, the officials said, because many users, Tencent microblogging no way to audit every user's every microblogging is original, but has been advocating users to publish and share original content.
In order to prevent copyright risk, Sina and other microblogging platform, the user registration, transferring the right to set the format of the user contract. Yang believes that these form contracts involve the right to amend the copyright owner, reproduction rights and many other rights, excluding the main user rights requirement is unreasonable.
Currently, in order to protect Internet copyright, generally accepted "red standard" and "safe harbor principles": red standard is the fact of infringement has been as bright red flag flying in front of the platform, the platform has removed the obligation; haven principle is the fact that platform was told that there is infringement, it must deleted. Sina microblogging, the officials said, was copied to actively support the user rights in various ways, if necessary, Sina Fair to provide full services.
Yang said that users share, forward microblogging should pay attention to label the source, to improve awareness of copyright and respect the copyright of others.
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