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Recently, “today’s headlines” APP mobile phone announced a $ 100 million investment, and to achieve up to $ 500 million valuation. Seeing its economic “success” at the same time, more worthy of attention is probably behind the copyright issues.
“Today’s headlines” as the mobile A PP client software itself is not the creator of work content, but in order to timely sorting and forwarding the day’s “headlines” known. In the field of copyright law, it is well known that legal fees should be paid to forward others’ works, but does this software respect the rights of copyright owners? “Today’s headlines” slogan is “We do not produce news, we are news porters”, but in fact, its handling is not only news, it is copyright. The so-called “news porters”, to cover up the facts of the infringement.
Although the “headlines today” content publishing form compared with other clients, there are some special, many of its links to other sites in the form of content, rather than directly reproduced works of others. “Today’s headlines” ignore the copyright of the defense, it is said they belong to the “link search” approach, rather than “copy and paste” approach. However, this way through the link to publish news and information not only can not form an effective defense, but also a typical infringement.
First of all, “today’s headlines” show the news is not the user directly using the search engine precision search, but the A PP prior information through the collation, classification, ranking and large data algorithm, the “secondary processing “The news. This is a typical tort in the field of copyright law, which is a common understanding reached in the practice of copyright law at home and abroad, through the way that the operator displays the news by its own behavior.
Secondly, through the “today’s headlines” to show the information displayed to the user, in the network copyright law known as the “deep link”, that is not the other side of the link object home page, and directly reach the final goal of two or three path, although omitted Users repeatedly find the news of trouble, but also touched the copyright law tolerated the bottom line. “Deep Link” case many years ago has been established by the European Court of Justice, China escort in shenzhen has more such cases in recent years, the courts are quoted “deep link” to be judged. Therefore, in this sense, the “deep link” is almost equivalent to plagiarism.
Content publishers should understand the “content is king” news law. Copyright law requires respect for the author’s rights and interests, not just for the author’s economic interests, but to encourage innovation, encourage better works.
For a long time, the idea of “stealing books is not stealing” has been misleading the road of copyright protection in China, from film and television drama to literary works, from plagiarism to scientific plagiarism, the “soft power” weakened by copyright protection, Until today has not been eliminated. The original is not protected, innovation and development come from?
In the Internet age, of course, is to encourage technological innovation and the so-called profit model innovation, but the basic premise is not to hurt the original content of innovation; can not others “headlines” copied into their own “headlines.” Internet development will bring a variety of new technologies, such as “today’s headlines,” such as network applications rookie will emerge in an endless stream, but the development of technology should not lead to the deterioration of copyright protection.
This requires the protection of intellectual property to respond to new challenges in a timely manner, and our legal perfection, justice and government regulation, as well as capital to follow, social awareness, should be based on the source of protection of innovation.