Infringement of the right to disseminate information on the Internet
In essence, after the original work is digitized, uploading it to the Internet platform is an infringement of the original right holder’s right to disseminate information on the Internet. The Internet is borderless and global, which allows anyone to download the work through the Internet at any place and at any time. It is also because of the above reasons that the infringer can easily make a profit through online transactions, which damages the interests of the original right holder.
The issues of liability for infringement by Internet service providers, how to determine the existence of infringement facts and the principles of compensation for damages, and the sharing of responsibilities of “third-party e-commerce platforms” when online stores sell pirated publications without authorization on “third-party e-commerce platforms” are all urgent issues to be resolved.
In addition, in cross-border e-commerce, some online shopping malls and online stores often have some unauthorized promotional pictures, advertising slogans, and original product descriptions, which obviously should also receive widespread attention.
Infringement of database
It is generally believed that a database is a compilation formed by an orderly collection of literary and artistic works or other information materials. These literary and artistic works and their information collections fall within the scope of copyright protection. Digital databases are very easy to copy and spread in cross-border networks. Infringers can easily take away databases remotely using the Internet file transfer function, which seriously infringes the legitimate rights and interests of the original right holders.
In July 2016, the United Nations Commission on International Trade Law adopted a document on online dispute resolution in cross-border e-commerce – “Technical Guidelines on Online Dispute Resolution”, and some countries have taken corresponding countermeasures. my country can also explore a diversified online dispute resolution mechanism (Online Dispute Resolution, ODR) in line with international standards to quickly and effectively resolve domestic and cross-border e-commerce copyright disputes. The China International Economic and Trade Arbitration Commission (hereinafter referred to as “CIETAC”) has established an Online Dispute Resolution Center (http://www.odr.org.cn/) to provide “fast and efficient online arbitration services” to resolve disputes over Chinese domain names, Asian domain names, universal URLs, wireless URLs and SMS URLs. On August 17, 2015, the Binjiang Court of E-commerce heard an Internet copyright dispute case throughout the process. The plaintiff and the defendant were thousands of miles apart, and the entire process, including filing and hearing, was completed through the online court system.