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The lawyer said haven principle does not apply to grab headlines today not exonerated

March 3, 2017

 

lawyer interpretation: can save the headlines today,

?

today’s headlines copyright storm intensified, the media and today’s headlines rumored to be huge claims each one sticks to his argument, royalties for the media did not take concrete action, and today’s headlines are untenable.

The focus of the debate is still around

infringement, today’s headlines that it plays the role of search engines, just grab and diversion, there is no infringement.

NetEase science and technology linked to a lawyer specializing in intellectual property disputes Zhang Yan on both sides of the interpretation, the main points are summarized as follows.

1, the search engine is difficult to set up

law does not explicitly define the search engines, but Wikipedia, Baidu Encyclopedia Search Engine entry mentioned in the search engine, which automatically collect information from the Internet, after a certain order after the query to the user’s system. The working principle of search engine includes collecting information, sorting information, receiving inquiry.

from this point of view, today’s headlines do not meet the characteristics of search engines.

No matter whether the

search engine, today’s headlines have permission to grab the content of the website, depending on whether these sites are authorized to today’s headlines, headlines today said it has reached a cooperation with thousands of media sites, but this statement yesterday by the Tencent and the Sohu denied.

2, "grab" not exonerated

grab no infringement is not established.

first website even grab headlines today authorized its content, but only original content, network media and print media to get the authorisation of the content, but does not have the right to authorize paper media content to other platforms reproduced or crawl.

For example,

Beijing authorized NetEase reported that the inclusion of its NetEase to grab headlines today authorized its content, but the contents of authorization should not contain the Beijing news content, or NetEase, and today’s headlines are to bear tort liability.

then whether it is reproduced or crawl, today’s headlines are in use of the content of other media, today’s headlines in a large number of media content has not been use authorized paper media.

third in today’s headlines after crawling on the page for the two processing, retaining only the LOGO website and the contents of the article, and add their own comments and other modules, this process also need to page through the website of the license, without the license, can also be regarded as infringement.

3, haven save today’s headlines

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haven principle that the State Council promulgated the "information network transmission right protection regulations" stipulates that the network service provider information storage space for clients, for services to the public through information network to provide the works, performances, audio and video products, and have the following conditions, shall not be liable for compensation.

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