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Online infringement liability disputes include disputes arising from self-filming** or filming** and some better creative ideas, etc., which are stolen on other social platforms without their authorization.
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Online infringement disputes include abuse of portrait rights, plagiarism and transfer of others' online works without permission, and online language violence.
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Sound disputes include trademarks, patents, image rights, portrait rights, etc.
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This responsibility includes a lot, violating privacy, and then violating portrait rights, etc., etc., and his responsibilities are different according to the nature of his responsibilities.
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What are the contents of my tort liability dispute? Of course, it is to log in to others, or to adopt other people's imitation of other people's portrait rights, apologize for other people's networks**, and so on.
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What are the disputes over online infringement liability?The Internet has network laws and rules, and if there is an infringement on the Internet, it can also be reported and the police will enter the investigation.
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What are the tort liability disputes? That is for example to make someone's avatar or take someone's name. Or in everybody to coerce.
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Network groups are all group disputes, including which are divided into a specific action is divided into several kinds, in general. This cycle is almost squatting.
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What are the rights and responsibilities disputes? Of course, it's deception, fraud.
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It should include a lot, such as he likes to go out, which is normal.
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Well, there are a lot of things that make us feel perfect, very good.
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There are many reasons for the Internet to clear the bed, and if we allow it, you are dirty, which is definitely infringement.
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Some of my aggression liability disputes, which I think are illegal, and some of which are no.
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Online tort liability disputes can be resolved, including a lot of responsibility.
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Legal basis: "Civil Procedure Law of the People's Republic of China" Article 3: The provisions of this Law shall apply to the people's courts accepting civil lawsuits brought by citizens, legal persons, and their organizations because of their financial and personal relationships.
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2. Bear administrative responsibility: (1) order to stop the infringement, confiscate the illegal gains, and impose a fine of less than 100,000 yuan; where the circumstances are serious, confiscate computers and other equipment that are primarily used to provide network services. (2) Warning, confiscation of illegal gains, confiscation of molds or parts mainly used to avoid or destroy technical measures; where the circumstances are serious, computers and other equipment primarily used to provide network services may be confiscated, and a fine of up to 100,000 RMB may be imposed.
3. Bear criminal responsibility: Article 217 of the Criminal Law of the People's Republic of China stipulates that anyone who infringes on copyright for the purpose of making profits, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years is to be given, and a concurrent fine is to be given.
Legal basis: Article 1167 of the Civil Code of the People's Republic of China: If the infringing practice endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.
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1. What are the disputes over online infringement liability?
1) Civil liability. Qilu stops the infringement, eliminates the impact, apologizes, and compensates for losses;
2) Administrative Responsibility. order to stop the infringing acts, confiscate illegal gains, and impose a fine of not more than 100,000 yuan; where the circumstances are serious, confiscate computers and other equipment that are primarily used to provide network services.
3) Criminal liability. Where the infringement constitutes a crime, the public security organs shall pursue criminal responsibility in accordance with law.
2. Legal basis: Article 217 of the Criminal Law of the People's Republic of China.
Crime of Copyright Infringement] Where there is any of the following circumstances of infringement of copyright or copyright-related rights for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment and/or a fine is to be given; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given
1) Without the permission of the copyright owner, reproduction, distribution, or dissemination to the public through information networks, such as written works, fine arts, audio-visual works, software for computing and loss elimination machines, and other works provided for by laws and administrative regulations;
2) Publishing books in which others enjoy exclusive publishing rights;
3) Without the permission of the producer of the audio or video recording, reproducing, distributing, or disseminating to the public through information networks;
4) Without the permission of performers, reproducing and distributing audio or video recordings of their performances, or disseminating their performances to the public through information networks;
5) Producing or counterfeiting works of art signed by others;
6) Without the permission of the copyright owner or copyright-related rights holders, intentionally avoiding or undermining the technical measures taken by the rights holders to protect copyrights or copyright-related rights for their works, audio or video recordings, and so forth.
2. What are the online infringements?
1. Infringement of personality rights online. Cyberspace is a virtual space, but it is not illusory, it depends on the objective existence of the real society, and there are still illegal acts that infringe on personality rights in the network. As far as the current situation is concerned, as long as the victim can take up the law to investigate the responsibility of the infringer for online infringement of the right to reputation, portrait and name, his legitimate rights and interests can be protected;
2. Online copyright infringement. With the wide application of the Internet, copyright infringement on the Internet is endless, such as many ** upload their works to the network without the consent of the copyright owner; Without signing a license contract with the news unit, the news released by the news unit without authorization; Smuggling pirated audio-visual products are disseminated on the Internet.
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1) May bear civil liability. That is, to stop the infringement, eliminate the impact, apologize, and compensate for the loss.
2) may be subject to administrative liability. will be ordered to stop the infringing acts, confiscate the illegal gains, and may be fined not more than 100,000 yuan; where the circumstances are serious, confiscate computers and other equipment that are primarily used to provide network services.
3) may be subject to criminal liability. Where there is any of the circumstances of copyright infringement for the purpose of profit, and the amount of unlawful gains is relatively large or there are other serious circumstances, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount of unlawful gains is huge or there are other especially serious circumstances, a sentence of between three and seven years is to be given, and a concurrent fine is to be given.
2. Legal basis:
1) Article 179 of the Civil Code provides that the main ways to bear civil liability are:
1) Cease the infringement;
2) removal of obstructions;
c) eliminate the danger;
4) the return of property;
5) restitution;
6) Repair, rework, and replacement;
vii) continued performance;
8) Compensation for losses;
9) Payment of liquidated damages;
10) Elimination of impact, rehabilitation, and restoration of reputation;
11) Apologize.
Where the law provides for punitive damages, follow those provisions.
The methods of bearing civil liability provided for in this article may be applied separately or in combination.
2) Types of administrative penalties under Article 8 of the Administrative Punishment Law:
a) Warning; b) fines;
3) Confiscation of unlawful gains and confiscation of illegal property;
4) Order the suspension of production and business;
5) Temporarily withholding or revoking permits, or suspending or revoking licenses;
6) Administrative detention;
7) Other administrative punishments provided for by laws and administrative regulations.
1. How to determine the competent court for online infringement disputes.
1. The people's court at the place where the infringement occurred or where the defendant is domiciled has jurisdiction over a lawsuit arising from an infringement.
2. The place where the infringement is committed, including the place where the infringement is carried out and the place where the result of the infringement occurs.
3. The place where the infringement of information network is committed includes the location of the computer and other information equipment that carries out the alleged infringement, and the place where the result of the infringement occurs includes the domicile of the infringed party.
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Where network users use network services to commit infringing acts, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, blocking, or disconnecting links. Where network service providers fail to promptly employ necessary measures after receiving notice, they are jointly and severally liable for the expanded portion of the harm and the network user.
Where network service providers know that network users are using their network services to infringe on the civil rights and interests of others, but fail to take necessary measures, they are jointly and severally liable with the network users.
Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.
Legal basis: Civil Code of the People's Republic of China
Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.
Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or the slag is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.
Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tort liability such as stopping the infringement, removing hidden and blind obstacles, and eliminating dangers.
Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.
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2. Bear administrative responsibility: (1) order to stop the infringement, confiscate the illegal gains, and impose a fine of less than 100,000 yuan; where the circumstances are serious, confiscate computers and other equipment that are primarily used to provide network services. (2) Warning, confiscation of illegal gains, confiscation of devices or components mainly used to circumvent or destroy technical measures; where the circumstances are serious, computers and other equipment primarily used to provide network services may be confiscated, and a fine of up to 100,000 RMB may be imposed.
3. Bear criminal responsibility: Article 217 of the Criminal Law of the People's Republic of China stipulates that anyone who infringes on copyright for the purpose of making profits, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine; Where the amount of money obtained by the illegal registration is huge or there are other especially serious circumstances, the sentence is to be between three and seven years imprisonment and a concurrent fine.
Legal basis: Civil Code of the People's Republic of China Article 1100 Tomb Bureau Article 67 Where the tortious act endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.
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