AliCloud Content Infringement Cases Joined Expert: Cloud manufacturers should be exempted from liability
Recently, the People's Court of Shijingshan District, Beijing, ruled that the cloud manufacturer was suspected of infringement. The defendant Alibaba Cloud constituted an infringement and compensated for economic losses and outstanding reasonable expenses of about 10000 yuan.
At present, the company has Alibaba Cloud Beijing Intellectual Property Court of Appeal. Although the court has decided what cloud can do, its manufacturers will sue for infringement cases, which will have a profound impact on similar cases in the future, which also triggered the industry's consideration of whether cloud service providers should bear any responsibility.
Precedent of judgment in network infringement cases In recent years, server providers often see network infringement cases involving them. As early as the beginning of the year, the network infringement cases reported by relevant media involved the same server provider, but the two judgments were different.
Beijing Film Company (hereinafter referred to as "Beijing Film Company") Jingdezhen Company told Jingdezhen Intermediate People's Court that the film copyright consent company played the "seven swords" online website and asked for a 10000 yuan economic loss and civil liability to stop the infringement company's compensation and apology.
After receiving the complaint, the company applied to the court to join Jingdezhen, Zhejiang company as the defendant, and provided evidence to prove that the blog website Beijing Film and Television Company actually rented Zhejiang company through the company's server.
After the court found the facts, there were plaintiffs: "Seven Swords" copyright infringed copyright and had the right to safeguard their legitimate rights and interests. Due to the large amount of information on the Internet, no matter the openness of the Internet, there are independent websites. As the contact information of Jingdezhen Company, a basic network service provider, there is no obligation to review whether there is a defect in rights.
Since the defendant Jingdezhen Company ordered the defendant Zhejiang Company to delete the infringing work "Seven Swords", the plaintiff has no objection, then the plaintiff's action to stop the infringement has been realized, and it is no longer an order for the defendant to stop the infringement immediately. We can also see the default judgment of the server provider in the case of.
Universal review has the right to communicate with server providers
Obligation. Shijingshan Court believes that the company is an cloud server provider, US server There is no prior review of whether the content is stored in the server rental tort obligations, but in other major interests damaged by the network services it provides, the cloud provider should assume the corresponding obligations, take necessary, reasonable and appropriate measures to actively cooperate with the rights of the obligee to prevent the loss of the obligee from continuing to expand, as also seen from the statement of the Shijingshan Court
The cloud supplier has no obligation to review the content in advance whether the server I am renting infringes. At the same time, according to the current domestic laws and regulations, the manufacturer has the right to review whether the cloud server storage has been leased or infringed.
One of the main factors of the Shijingshan Court: the cloud company Ledong Excellence informed the company that it had always held a negative attitude. From the announcement made by the excellent company for the first time, Alibaba Cloud did not take any measures. For months, Alibaba Cloud was unaware of the main point of view of the damage consequences, and objectively caused the damage consequences to continue to expand. Alibaba Cloud should bear the corresponding legal liability.
As a result, a new question is: under what conditions can the cloud, as a server provider, view the user's storage content. In addition, the ability of the cloud to judge whether a user's behavior is an infringement deserves serious consideration.
For Alibaba Cloud, the normal logic should be that the law enforcement department should decide whether to infringe, and the law enforcement department should assist in the notice of the cloud investigation, rather than directly violating the requirements of the cloud investigation, because it is impossible to distinguish whether or not the cloud infringes. In addition, if any organization or individual can request the user content stored in the ECS for review, who will guarantee the data security of cloud users?.
Profession: applicable exemption clauses for cloud computing suppliers
With understanding, financial network technology first contacted cloud related business personnel and their lawyers, who also expressed their opinions on financial network. About the allegations, cloud
