Is the “heavy fine” of 260 million for Kuaibo too much?
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Only by changing the tendency of weak law enforcement can the healthy development of the Internet industry be guaranteed. Of course, the specific amount of fines imposed on Qvod and the basis for the punishment still need to be handled in a transparent manner to demonstrate public credibility. According to reports, on May 20, the Shenzhen Municipal Administration for Market Regulation came to Qvod's Shenzhen headquarters and served it with a notice of hearing on proposed administrative penalties, proposing to impose a fine of 260 million yuan, which caused a sensation in public opinion. Afterwards, the bureau clarified to Xinhua News Agency that it is still going through legal procedures and has not yet issued an administrative penalty decision. In fact, these two pieces of information are not contradictory. According to the Administrative Penalty Law, before making a decision on a large amount of fines or other penalties, the administrative department should inform the parties of their right to request a hearing, so the notice of the proposed penalty hearing should be served to the parties before a formal penalty decision can be made. Internet technology is changing with each passing day, often ahead of law and legal theory. At present, few websites directly provide pirated film and television works, but have evolved into "search pointing", "deep linking", "streaming media transmission" and so on with complex forms and ambiguous legal nature. Whether these behaviors are infringements or technological innovations is a matter of great controversy in the judicial and copyright law enforcement circles. This is also the reason why the administrative departments could not crack down on online piracy in a big way before. Qvod has always emphasized that they are "making technology" rather than "making content". Its working principle is that when users use the Qvod player to play movies and TV shows, they will first be linked to more than 20 search websites, and then continue to click to jump to hundreds of video websites, and then download and watch movies and TV shows through these websites. Qvod does not need to store the works involved in the case, and can even put all the responsibility on the "pirate website", which is an abuse of the "safe harbor" principle. China's intellectual property protection environment is changing, and the business model of video websites is also changing. Some websites have embarked on the formal path of purchasing copyrights, while Qvod and others are still playing with the so-called "technology". Therefore, in the second half of last year, after receiving complaints from these video websites, the National Copyright Administration formally filed a case against Baidu Video and Qvod, and determined that Baidu and Qvod directly searched and linked to a large number of pirated websites through the player software they operated, which constituted an infringement of the right to disseminate information on the Internet, and imposed an administrative penalty of 250,000 yuan on the two companies. This case also became the first of the "Top Ten Cases of the National Copyright Administration to Crack Down on Infringement and Piracy in 2013". In addition, last month, the Guangdong Provincial High Court announced the "Top Ten Cases of Guangdong Intellectual Property Trial in 2013", and the Qvod infringement case was also listed. This means that the administrative and judicial departments have reached a consensus on Qvod's infringement. The "safe haven" can no longer provide Qvod with shelter. The development of the Internet industry needs to encourage innovation and curb various piracy and infringement in accordance with the law. To some extent, the latter is the guarantee of the former. Regarding the heavy fine that Qvod may face, some netizens are puzzled: There are so many pirated websites, why is Qvod the only one to be fined so heavily? The public's current perception of the "sky-high fine" of 260 million yuan shows that the punishment scale for piracy and similar behaviors was generally too light. Only by changing the previous tendency of weak law enforcement can the healthy development of the industry be guaranteed. Of course, the specific amount of the fine and the basis for the punishment still need to be "handled in the open" to demonstrate public credibility. According to the law, transparent and non-selective law enforcement, the punishment will be convincing to Qvod, and the heavy punishment will have a demonstration effect. As a winner of Toutiao's Qingyun Plan and Baijiahao's Bai+ Plan, the 2019 Baidu Digital Author of the Year, the Baijiahao's Most Popular Author in the Technology Field, the 2019 Sogou Technology and Culture Author, and the 2021 Baijiahao Quarterly Influential Creator, he has won many awards, including the 2013 Sohu Best Industry Media Person, the 2015 China New Media Entrepreneurship Competition Beijing Third Place, the 2015 Guangmang Experience Award, the 2015 China New Media Entrepreneurship Competition Finals Third Place, and the 2018 Baidu Dynamic Annual Powerful Celebrity. |
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