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"Safe Harbor" Principle:Infringement doesn't matter,I'll just delete it

"Safe Harbor" Principle:Infringement doesn't matter,I can just delete it. Lin Yun and Fan Bingbing were previously accused of writing about makeup in Xiaohongshu.、Notes on skin care,Known as the "Queen of Delivery" by many netizens,The title of "Queen of Delivery" is not a new one.。Not only did they make batch after batch of cosmetics popular, they even made the “Little Red Book” APP popular.。 For today’s girls,It is a normal phenomenon to "plant grass" on Xiaohongshu。

Watch the vast collection of outfits shared by various Xiaohongshu experts every day、Beauty tutorial、Travel guide、Food review。 However, on July 28,Xiaohongshu official Weibo released a statement,Accused Dianping of plagiarizing a large number of Xiaohongshu users’ original content notes。 Among them, the account is suspected of using the Xiaohongshu username.,Create fake accounts in batches,Plagiarism and transfer of original notes posted by users on Xiaohongshu。 According to Xiaohongshu’s estimation,Plagiarism counts in the millions。

Like similar plagiarism issues,Many people say, "There is nothing we can do about similar infringements.",Many Internet companies have done this before,Litigation is troublesome,Because even if plagiarism is proven, it is difficult to prove losses.。” Others said, “The content on Dianping applies to the safe harbor principle.,That is to say,The platform is not responsible for the content uploaded by users,If you appeal, it will be enough to delete the content.。

” The “safe harbor” principle means that when a case of copyright infringement occurs,,When ISP(Internet service provider)Only provide space services,does not create web content,If the ISP is notified of infringement,then have the obligation to delete,Otherwise it will be regarded as infringement。If the infringing content is neither stored on the ISP's servers,We were not told what content should be deleted,The ISP will not be liable for infringement。

Later, the safe harbor principle was also applied to search engines、Network storage, etc.。But the "safe harbor principle" has therefore become a "safe harbor" for search websites and sharing websites.,It has even evolved into a shield for some websites to bear liability for infringement compensation - "Infringe first"、Waiting for notification;without notice、irresponsible;you notify、I delete、I am exempt from liability”。

So if Dianping completely copies the information of Xiaohongshu customers,,Such as customer name、avatar、Post content,Clearly inappropriate use,Infringement of copying rights、right of name、Suspicion of portrait rights;If there is any tampering with the content of relevant comments,It may also be suspected of infringing the copyright of the relevant user.。

"Xiaohongshu was created for、collect、Maintaining user accounts and their content has operating costs,And users’ original content provides commercial benefits to Xiaohongshu.,This interest should be protected exclusively。” Although there is currently no corresponding qualification that can serve as exclusive protection for this type of infringement,But similar software like Xiaohongshu,At least you must apply for copyright、ICP business license、EDI business license!

like food business、For books, a food business license and a publication license are also required.。Protect copyright at its most fundamental level,Provide direct evidence to resolve copyright disputes! Otherwise, when defending rights,Instead of successfully safeguarding rights, the company got into trouble because of incomplete qualifications.。Don’t let the “safe harbor principle” appear again and again。


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