In recent years, along with the further development of mobile technology, video users surge. Chinese Internet network information center (CNNIC) issued by China mobile media research report shows, in the mobile phone video users about content, movie content, the proportion was first reached 33.1% respectively.
However, high speed development in the hidden behind the surge also undercurrent. Recently, the video website joy fox is going to just some unauthorized phone video resource sued apple electronic products trading (Beijing) Co., LTD. Le forensic director liu xiaoqing miniaturization tells a reporter, at present has many cell phone video of tort phenomena, hopefully through legal means to this new tort phenomena to disciplinary norms.
"Apple" mobile video infringement by meansLiu xiaoqing told the legal daily reporter, September 12, 2008, the movie ghost "won state administration of radio, film and television movie administration permission release. In the same year, the music for the miniaturization of information network transmission right film rights and other rights, rights protection, deadline for five years.
"That is to say, from October 2008 30 to 2013 on October 29, joy fox film" ghost "is in mainland China information network transmission right sole and exclusive proprietary right holder, and has a right to IPTV, digital TV and the Internet provide on demand, broadcasting infringement lawsuits and demand compensation." Liu xiaoqing said, 2011 February, joy fox found apple electronic products trading (Beijing) Co., LTD. Web site operating "App store" online mall through network, IPOD handheld end products, iTunes, system software associated Settings to IPOD handheld end products provide users of the film "ghost" demand, download service charge, the film once every demand charge $0.99. "But this did not obtain joy fox spread the permission, fails to pay the corresponding charge, suspected of illegally use and obtain interest".
For liu xiaoqing said, reporter later call "apple" website provides technical support department telephone, technical personnel tells a reporter, current "App store" the video is provide the resources, demand was authorized to pay download movies, these charges is primarily used for the payment of a royalty fee. Users need to register before they download, available through two modes is registered, a free account, one kind is charge account. If you want to pay programs and video under, it must register charge account, in China can select each bank credit card, but must ask whether can use a credit card to pay $.
The Beijing intellectual property lawyer marcus chin when accepting a reporter to interview, says mobile software itself has "a substantial not infringing USES", its as technology itself is neutral, the key will this for neutrality qualitative technologies for the use of the neutral, there is help, instigates, induce act.
"It mainly depends on mobile software network operators whether actual knew or should have known that this phone software used in the specific situation, and infringement of mobile phone software network operators have regulatory obligations and ability, still with mobile software network operators." about whether therefore profit Marcus chin said.
Cell phone video is the trend of the spread of infringementAccording to liu xiaoqing introduction, besides apple, joy fox also found "91 mobile assistant (iPhone) - panda video" in unauthorized cases, download services provided to the public, to spread the GongSuo heart jade ", "borrow gun", "wind language" dozens of joy fox enjoy exclusive information network transmission right of film and television works. In addition, there are "Chinese cinema" without joy fox in the cases, license to provide online download and public GongSuo vod services, to spread the heart jade ", "borrow gun", "wind language" dozens of joy fox enjoy exclusive information network transmission right of film and television works.
However, reporters in the interview to provide download service, found that mobile phone operators are concerned, the copyright consciousness are not a video consideration.
Cell phone video download of Beijing to provide a comprehensive site technical staff Mr. Gao says to the reporter, they have realized video resources exist, but because the current copyright problems caused by cell phone video has yet to happen, so the copyright disputes people usually won't notice that such problem.
"At present, in the Internet new technology environment, the film and television works copyright square in cell phone on the new media, it is hard to estimate the copyright loss to the extent that the original film and television works formed theenormous impact market. If the film works copyright square into huge creation of manpower, money, but few will dampen necessarily benefit film works to create new works square investment for film and television works, the enthusiasm of copyright square, mobile software operators, mobile phone users long-term interests of the third party is adverse." Marcus chin said.
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