Client of new classics abb is carried in on April 17 report (Dong Xiang is depended on) who can think of, did photograph of a piece of black hole become the black hole of a company unexpectedly? Nearly a few days, the copyright storm that visual China causes still is in continuously, allow view of public of regain of intellectual property topic. Track as media development, visual China is suspected of " copyright is extortionate " commercial pattern is opened one horn. End of client of new classics abb notices in, actually, also exist in Internet industry similar " thought fors the time being " the business, from the back of respecting this is being hit " tort " the Internet company of banner is a clear-cut case.
Say to go by Flash Player --
Weigh orange network, next " visual China " ?
There is media coverage before this, the picture library of visual China has tiring-room system to take the tort action of each websites automatically, dimension authority often does not go when beginning to discover, when tort picture accumulative total arrives to be measured certainly, undertake thought fors the time being again, with sueing the fashion that promotes at the same time, reach passive copyright to trade. This by call inside course of study " fishing type thought fors the time being " , or be " blackmail " .
Respecting copyright issue, not be picture copyright website has only " fishing thought fors the time being " phenomenon, also exist in Internet industry similar " thought fors the time being " the business. End of client of new classics abb notices in, have such one is being hit " tort " the Internet company that banner gets a benefit, its dimension authority covers road and visual China be exactly the same.
The matter should speak of from last year. On September 3, 2018, limited company of science and technology of network of Chongqing heavy orange (" heavy orange network " ) sue limited company of 2345 network science and technology (" 2345 " ) , call enroach on copyright of its computer software, request court sentences your the accused to stop the enroach on of copyright of pair of software of computer of Adobe Flash Player, compensate for pecuniary loss and reasonable defray nearly 120 million yuan.
As we have learned, the legal indemnity upper limit of copyright is 3 million yuan, and why does heavy orange network drive a 120 million yuan day price? When those, the sound on the network falls down at the same time almost maintain, heavy orange network has copyright " touch porcelain " disrelish.
Just as one would expect, in investigation falls, of heavy orange network " thought fors the time being " the business rises to surface sadly...
The person that often gets online should have seen Adobe Flash Player, as we have learned, adobe Flash Player is Adobe company's subordinate multimedia player application software, to face global user to use a free product. When Flash animation is browsed on the webpage, need installs ability of Flash Player player to watch. Because of its free character, some earlier year of mainstream browser on market all inside buy crosses this one plug-in unit. Nevertheless, in the numerous product of Adobe series, flash Player is a small tool only.
On July 26, 2017, adobe announces to plan plug-in unit of terminative Flash Player, be in stopped to develop and issue this plug-in unit before the end of the year 2020. As we have learned, the main reason that makes this decision depends on Adobe function and safe problem, its are exposed to the sun to be put in many and serious safe flaw since release, even if also is solved newlier thoroughly hard frequently.
Adobe announces to will abandon update and safeguarding Flash Player before the end of the year 2020
And, as the development of mobile Internet, a variety of levels that include HTML5 inside should have matured, enough provides the substitute with Flash feasible player. After this, a lot of functions of Flash had been replaced by place of competitor HTML5 technology.
A variety of evidence make clear, flash Player already cannot get used to the product requirement below mobile port, lag behind at congener product already in technical level. Why to emphasize this a little bit particularly as to here, can undertake explanatory from the back.
"Chela " open a firm, "The rear foot " take accredit to sue?
Announce to will stop in Adobe more time of half an year is less than after Flash Player, in Feburary 2018, heavy orange network announces to reach strategic collaboration with Adobe, full-fledged member is in charge of the emission of Adobe Flash Player in chinese mainland area and operation. But should antedate actually this, heavy orange network says on the litigant book that submit to, already obtained product authorization in January 2018.
Simple for namely, heavy orange network took the sole agency of area of chinese mainland of Adobe Flash Player. Originally free Adobe Flash Player, evolve from this it is " China is offerred especially edition " product.
Public data shows, heavy orange network held water in November 2017, it is limited company of science and technology of network of Shanghai sword emperor (advocate battalion 2144 little game, say below " 2144 " ) wholy-owned subsidiary, main body business involves network game, mobile game and little game to wait.
This shows, heavy orange network founds be not worth two months, obtained the authorization of Adobe Flash Player, establish time to look from the company honest too cross coincidence. Additional, occupy the personage inside course of study to divulge, be in early before heavy orange network holds water, 2144 already tried to communicating be related of Flash software accredit with Adobe company, what the process is as long as a few years is long.
Cut of net of official of Flash Player China pursues
Those who require an attention is, since founding 1982, adobe company never has had authorization to this product the record that other company has thought fors the time being.
Here setting falls, heavy orange network " chela " open a firm, "The rear foot " obtain next authorization, turn and with tort lawsuit form, ask to the mainstream browser firm that uses this technology the loss of high specified number of software copyright is compensated for, backside motive afford for thought.
In the meantime, preamble is mentioned, flash Player lags behind at congener product already in technical level, and choice of heavy orange network obtains next product authorization in instantly opportunity, also have some of unimaginably queer making a person.
Be pointed to to install baleful program to gather user information
Occupy blue whale finance and economics to report, this can detect for the Flash Player of edition especially the user is in an area, if domestic user installed version of blame this locality, can hint incompatible, cannot move, ask compulsively to reinstall a special edition next. The special place of this version depends on, the meeting after installation runs a service that the name is FlashHelperService forcibly, forcibly collect user privacy.
Client of new classics abb carries discovery in, can jump directly from Flash Player of Adobe website download turn " net of Flash China official " , this website lower part has make clear droit to belong to heavy orange network; In the meantime, on the website " use agreement " show, "FlashHelperService " it is the product that offers by heavy orange network / service.
Privacy states cut pursues
The report is narrated to say before, in this incident by exposure hind, heavy orange network amended user agreement for many times, but also make clear in new agreement collect user pertinent information, use at pushing to send ad.
Netizen cut pursues
The netizen sends post memory to say on forum, him backstage task manages implement in discover accidentally, have the baleful program of moving FlashHelperService, "Do not look not to know, look frighten jump. The official website of this program offers Adobe Flash Player to download namely. The official website of this program offers Adobe Flash Player to download namely..
End of client of new classics abb returns discovery in, in know had initiated on platform " Flash Player of block of heavy orange network " relevant topic, the netizen explodes in the comment makings say, heavy orange network " collect privacy not only, take a representative the first thing updates carry secretly compulsively to shoot window ad namely. " additionally the netizen points to, the practice of heavy orange network is belonged to " act of scampish type trade " .
Know topic check scheme
According to Adobe government data, the global installation amount of Flash has 1.3 billion about, global netizen is made an appointment with 4 billion, according to the newest data of CNNIC, china has the netizen of more than 800 million. Calculate with this scale, the Chinese netizen that has 250 million at least was brought into the monitoring range of heavy orange network, think this number is much more astonishing.
Next " hapless " who is?
Occupy blue whale finance and economics to report, in the light of weigh be related of orange network lawsuit at present, 2345 responses say to already got a court of justice relevant writ, next meetings use legal method, safeguard company legitimate rights and interests.
2345 relevant controller disclose, heavy orange network submits to to its before dimension authority lawsuit, realize HTML5 to broadcast already, at the same time 2345 browsers had taken off Flash Player plug-in unit.
120 million yuan when submit to in the light of heavy orange network lawsuit is compensated for, partner of some attorney office expresses inside the industry, tort compensation involves method of 5 kinds of calculation, include obligee loss, infringer to gain profit, the reasonable multiple that allows fee, legal compensation and conventional compensation, at present the legal indemnity upper limit of copyright tort case is 3 million yuan.
This lawyer says, "From the point of the litigant case of heavy orange network, its spend the amount of claim for compensation of 100 million is apparently in ask a price of all over the sky. Combine this case case to look, network of even if heavy orange is obtained win the lawsuit, compensatory specified amount won't exceed 1 million yuan basically also.
In addition, the tripartite browser on the Edge browser that at present Windows10 takes oneself and market, be like 360, the browser such as search dog, can take Flash Player oneself. These company future can become the next of heavy orange network sue a boy or girl friend still is an unknown. In 2345 become " first target " later, the dimension authority object of heavy orange network or very will fast outspread to 360, the company of other and large Internet such as search dog.
Client of new classics abb carries know in, heavy orange network and the copyright issue desk of 2144 still are in the jurisdictional demur phase of early days, at present have not sessional adjudgement. (In APP of new classics abb)
