With the advent of the 5G era and the development of cloud storage technology, the use of network disks has become more convenient. More and more users use Baidu network disks to store files, photos, music, movies, etc. Some of them involve copyright issues. Network disk users upload and store copyright works of others. Does the disk platform help infringement? Does the right party have the right to ask the network disk service provider to delete the file directly from the server? With the settlement of Sohu and Baidu's infringement dispute, these questions have been answered.
A few days ago, the Jiangsu Higher People's Court made a judgment on the relevant rights party of Sohu v. Baidu's online disk web drama "Hurry That Year" in the case of the right to spread information on the Internet. After a full trial, the court of second instance finally determined that the Nanjing Intermediate People's Court on the composition of Baidu The first trial to help infringement was wrong, which means that Baidu Netdisk does not need to bear any liability for infringement.
Uploading, storing, etc. of works are not considered to be disseminated, and Baidu is not liable for infringement
Sohu believes that the infringement of Baidu's online disk includes the following: Baidu's online disk disseminates the works in the form of second transmission, offline download, sharing, uploading, downloading, etc., which constitutes a direct infringement; Baidu's online disk has not deleted the video files on the server in accordance with the request of the right party , Which constitutes indirect tort liability. The first instance of the Nanjing Intermediate People's Court rejected Sohu's claim for direct infringement, and found that Baidu constituted a direct infringement and lacked the facts and legal basis, but Baidu had indirect infringement. Subsequently, the case was appealed to the Jiangsu Higher People's Court.
In the second instance, the Jiangsu Provincial Higher People's Court determined that Baidu did not commit indirect infringement. The court held that the right of information network dissemination refers to the act of disseminating works to the public in an information network environment, but for network disk service providers and users of network disks, uploading, storing, and downloading of specific works does not mean that there are concurrently Dissemination intentions and behaviors, so the simple uploading, storing, and downloading behaviors do not necessarily infringe on the right to disseminate information about related works on the Internet.
In addition, Sohu's request for Baidu Web Disk to prevent users from uploading works involved in the case and delete the stored content of the users of the Web Disk, the court held that it failed to prove that Baidu Web Disk users were involved in infringing communication, and asked Baidu Company to Complete investigation of all documents will increase the burden on Baidu and may damage the legitimate rights and interests of users who use the product properly.
Remove hundreds of thousands of related infringing resources
A person in charge of Baidu Netdisk said that while protecting the legitimate rights and interests of users, Baidu Netdisk also increased its efforts to protect the interests of copyright owners. In terms of improving the copyright protection mechanism, Baidu's web disk has adopted a variety of measures, including increased monitoring, detection and crackdown on infringement and piracy, insisting on cracking down on illegal and infringing acts on the platform, and identifying suspected infringing documents through various means. It also processes and upgrades the copyright protection platform to ensure that a professional team will follow up and resolve the complaints efficiently after receiving the complaint.
Since the beginning of this year, Baidu has dealt with hundreds of users of maliciously spreading copyright resources and hundreds of thousands of related infringing resources. It has actively cooperated with the police in cracking down on copyright piracy crimes and achieved good results in controlling infringement and piracy. .