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Sohu IT News] On December 22, Sohu IT learned that the Beijing High Court made a first-instance ruling on the case of Pan Asia Company (also known as Entertainment Base) suing *** search infringement, ruling that *** search was legal.
At the same time, the court ruled that there was a flaw in the way in which the lyrics snapshot service provided in the lyrics search directly provided to users was flawed, and the court ruled that the entertainment base should be compensated with 10,000 yuan for this rectification, and the plaintiff should bear most of the total litigation costs of 10,000 yuan.
In the judgment, the Beijing High People's Court confirmed that the linked songs involved in the case were not uploaded or stored on the server of **, and that the positioning and linking services were provided, not information network dissemination, and the act of providing *** search services to network users by entering keywords in the search box did not constitute an infringement of the right to disseminate relevant information on the network.
The court confirmed that as far as the search is concerned, the prior technology of the search engine cannot be searched according to the content of the audio file, and can only be searched based on keywords, and if the song claimed by the plaintiff is blocked according to the song name, it may damage the legitimate rights of others, and there will be a mistake in deletion or blocking, so the notice that only provides keywords without a specific link address does not meet the requirements of the "Regulations on the Protection of the Right of Information Network Communication" on the notice of rights.
Since the first lawsuit in April 2005, Pan Asia has taken the lawsuit to court five times, and the subject matter of the lawsuit has also increased from 5 million yuan to 100 million yuan.
Your worries are unnecessary! You can still use it to find songs in the future!
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Article 52 of the Copyright Law provides that a person who commits any of the following infringements shall, according to the circumstances of the act, bear civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses: (1) publishing his work without the permission of the copyright owner; (2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone; (3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and fortune; (4) Distorting or tampering with the works of others; (5) Plagiarizing the works of others; (6) Without the permission of the copyright owner, the use of the work by means of exhibiting or filming the audiovisual work, or the use of the work by means such as adaptation, translation, or annotation, except as otherwise provided in this Law.
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On December 27, 2018, Toutiao v. Infringement of the Right to Disseminate Information on the Internet was pronounced in the Haidian District People's Court of Beijing. The court found that the company disseminated "Is Tianjin Cuisine Derived from the Improvement of Lu Cuisine" in the "Baijiahao"** and "Mobile Phone" apps without permission? and other articles, infringing on the rights holder's right to disseminate information on the network of Toutiao.
Netcom believes that its advertising slogans unjustifiably derogated the reputation of Netcom by tampering with Netcom's corporate culture slogans, infringed on Netcom's right to reputation, and caused a bad impact on the Internet. ByteDance, as the publisher of the advertisement, shall jointly bear the liability for infringement with Taoyou Tianxia for the advertisements with infringing content published by Taoyou Tianxia on its client. Taoyou Tianxia Company and ByteDance Company were required to stop the infringement, apologize and compensate for economic losses and reasonable expenses totaling 5 million yuan.
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Forgive me for my limited ability to understand ==
Are you asking about infringement, or something else?
So in your case, the patent office should ask the court to compel the infringer to stop the infringement. As for compensation, you still need to file a lawsuit with the Intermediate People's Court that has jurisdiction. Of course, your search report is not made in vain, and you generally need to provide a search report to file a case when you go to the intermediate court. >>>More
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Yes! Any geometric or physical quantity as long as it can establish a double set between a mathematical quantity (such as force and vector), it can be considered that this quantity is measurable, if we use the coordinate system to find the length of a line segment, although the coordinate system can change, but the value obtained is not the same, the mass is the measure of the inertia of the object, in Newton's famous work "Mathematical Principles of Natural Philosophy", it is defined that mass can be obtained by the product of density and volume, representing the amount of matter, implied as a measure of the inertia of the object, There are even places in the book where the word mass is not used to write about the inertia of objects. (The direct translation in the original book is the quantity of matter, and the word mass in physics now agrees).
Yes, let's use an analogy.
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