Article out small gain " Chinese sound " .
Occupy acoustical story of China: Popular teleplay " Yan Xi strategy " be segmented nearsightedness frequency applies in the mobile phone " today's top headlines " on release, copyright just loves to surprise art the company is sued accordingly " today's top headlines " operation business byte beats network of information of company inroad work transmits power, claim for compensation 30 million yuan. The case was in Beijing Haidian yesterday afternoon the court is sessional.
Love is strange art sue byte to beat: " the strategy that delay happiness " in " today's top headlines " on release recommend extract to exceed 1300
Accuser Beijing love is strange art limited company of science and technology shows evidence of a video on front courtyard, the teleplay that shows they have exclusive network to transmit power " the strategy that delay happiness " in byte of the accused Beijing the mobile phone of operation of limited company of jumpy science and technology applies " today's top headlines " go up to be released by section, recommend an user.
Tell to say formerly, " the strategy that delay happiness " surprise in love art during website and client carry entire network to broadcast solely, broadcast a quantity to exceed 15 billion, and in " today's top headlines " on the extract of relevant nearsightedness frequency without legal authorization exceeds 1300, odd drilling to the limit of one's capacity is highest achieve 1.1 million times. And be sent in accuser is seasonable processing after lawyer letter, cause huge loss to accuser.
The accused argue says, these video by " today's top headlines " the user uploads, is not cloth be reportinged, because this the accused did not violate the right of accuser directly. User of the accused quote registers the clause in the agreement to serve as evidence:
The accused square agent expresses: "The agreement tells user head clearly what date platform offers is service of space of network news storage, the content that does not encroach tripartite so that release to close right increase reachs his to violate consequence.
Accuser just puts forward, reading user agreement is not registered premise condition, indemonstrable the accused had used up clew obligation. Think to cooperative relation is between platform and user, suspect even release " Yan Xi strategy " the user Zhang date of content is him platform opens:
Accuser square agent expresses: "We think the accused is not the platform that an information stores the space serves, the accused is offer content to transmit a service to the user, use platform and technology, enlarge content to transmit limits and influence result, be cooperate with division of labour to provide content and share profit with the user. Be cooperate with division of labour to provide content and share profit with the user..
"Today's top headlines " artificial examine and verify is not aimed at tort content, is love strange art oppugn its to whether use up processing tort obligation?
The focus of bilateral argument is mixed besides the accused the relation of the user, still having respondent is capable to all handle tort content to obligation. Accuser puts forward, of the accused " today's top headlines " the result that interfacial content appears is data algorithm and artificial examine and verify, do not know the fact that content of on 1000 tort exists impossibly. And the accused expresses, artificial examine and verify is not aimed at tort content:
"Artificial interpose and examine and verify are the security that is aimed at content, if experience yellow experience fears cruel reactionary etc undertake examine and verify, and be not a needle to whether be suspected of tort undertaking examine and verify to content. Platform does not have the legal obligation that examines content actively to whether be suspected of tort. The accused is objective on cannot undertake man minute analyse and examine and verify to experience case content, and subjective go up to also cannot know the system pushs the content that gives an user, whether is content of witting experience case suspected of have no way tort. The management that because this does not answer,requirement defendant company assumes outclass to have technology and standard of whole video industry is compulsory.
Accuser thinks, the accused is double standard:
"The accused thinks today's top headlines is right travel and be being recommended of tort content is to be based on algorithmic and advanced technology, extremely accurate to recommending the identifying of content, but the accused explains he does not have discovery and the technical capacity that delete tort content again, do not have adopt measure to avoid tort to damage distensible technical capacity. When the accused is enlarging gain, the technical ability that maintains oneself is tall, but when protecting obligee right, reduce the demand of the technical capability to oneself again, those who use is a double standard. We think the accused is to be in it is a name intentionally with user Shang Quan, the principle that tries to use port evades tort responsibility. The principle that tries to use port evades tort responsibility..
Accuser still puts forward, in enter legal order but below the case that accuser has not provide tort to link, the accused had deleted content of partial experience case, actually capable discovery mixes demonstrative the accused processing tort content. And the accused expresses, the tort content of 93% is to be in receive before sueing material, had managed measure processing through the copyright with active the accused, think the accused all just arrives already actively to notice obligation reasonably, take effective measures to prevent tort behavior to continue to happen, but the caption of a few video and keyword are not included " Yan Xi strategy " or the clear message such as role title, still having a few video is accuser proper motion uploads use as conduct propaganda, because this discovers hard, discriminate and handle tort content.
The accused still puts forward, "Today's top headlines " on grow when issuance experience case video very short, can not be opposite " the strategy that delay happiness " generation supersedes sexual function, can suck those who lead an user to accuser even " love is strange art " go watching complete video, bring more advertisement and member income to accuser. Accuser expresses, although odd a video is not long, but as a result of " today's top headlines " press the way that browse and watchs a record to recommend, go up objectively bring about relevant extract to be shown centrally, enough implementation replaces accuser platform to finish those who do work to view the result.
Front courtyard careful restricts two hours continuously, accuser love is strange art hold to claim for compensation 30 million yuan, the accused byte is jumpy also insist to rejoin opinion, request court rejects the entire lawsuit request of accuser. Both sides does not agree to mediate. The court was not adjudged on the court.
Center wide reporter: Bai Jie dagger
