nternet companies will be unauthorized biography of the novel was sentenced to compensation
paid for the user to download the novel site in the end is not only to provide information storage space network service providers?. But no matter what the outcome of the decision, the site provides users to upload unauthorized copies of the novel is an infringement of the right to pay damages.
unauthorized Akashi works appeared novel network
July 2006, the scholar network technology limited company found zero technology company without permission, unauthorized use of its copyrighted "Beijing girl", "reduced to fragments", "wobbly", "Hello heartbreak" 4 works uploaded to the zero of company small network (www. Xiaoshuo. COM) for users to read and download online.
the user enters the novel web site home page, in the page "to enter" Kang "search" column, choose according to the "author", click "search", which shows that the "Beijing girl", "reduced to fragments", "wobbly", "Hello heartbreak" and other works of 4. Click on the "Beijing girl", click on the open page download, Download Netcom "confirmed user can save" Beijing girl.Ebx "file to the local disk, in the same way can also download the" save "wobbly" reduced to fragments ", and" Hello heartbreak "works. The download process, the website will be prompted to download work required for the corresponding points, the number of recharge way including voice hotline and online banking recharge recharge and other means, the price is 50 yuan rmb.
in early October 26, 2005, the 4 works the author Akashi agreement with the student’s rights, Akashi agreed to digital form, the duration of this agreement, its copyrighted and published before the works (including but not limited to the right to network dissemination of information, reproduction rights, distribution rights) the exclusive right of use and then the license rights granted to the student’s period of not less than 10 years.
in August 20, 2007, and made a special "Akashi related rights statement", that he made to the scholar’s authority belongs to the exclusive right of use, the student companies can claim rights infringement on his name within the scope of authorization works in digital form the rights, including litigation, the scholar’s and the third party authority works copyright dispute the right to the exclusive use of the student, the company has cooperation work.
so, in August 4, 2008, the student’s to violate copyright on the zero of the company to court, asked the company to stop infringement, zero 62 thousand yuan compensation for economic losses and reasonable expenses 6000 yuan. Zero company argued that: the scholar’s July 2006 know their rights infringement, but the lawsuit was filed in August 4, 2008, exceeded the statutory limitation of action. Zero of business customers is to provide storage space for users to upload works, does not constitute infringement, but they have removed the work involved in the novel network, the scholar’s claim compensation and litigation expenses request should not be.