Baidu Faces Collective Condemnation from Writers: Both Sides Agree to Negotiate Before Qingming Festival
Author: Zhang Jingke | Source: The First Financial Daily | 2011-03-18 08:14:26 | Read 1870 times
On March 15, the China Audio-Video Association's Record Working Committee and fifty writers including Han Han, Jia Pingwa, Guo Jingming, Li Chengpeng, and Dangnian Mingyue, separately issued the "Open Letter of Protest Against Baidu" and the "March 15th Chinese Writers' Declaration Against Baidu," jointly targeting Baidu Wenku. The "March 15th Chinese Writers' Declaration Against Baidu," written by Murong Xuecun, stated: "It (Baidu) has stolen our works, stolen our rights, stolen our property, turning Baidu Wenku into a market for stolen goods."
In response, Baidu followed the "Network Safe Harbor Principle" and stated that any right holder can point out their copyrighted work links to Baidu, which will review them within 48 hours and handle them according to the law.
The "Network Safe Harbor Principle" refers to the "Regulations on the Protection of the Right to Communicate Works to the Public via Information Networks" officially implemented on July 1, 2006 (hereinafter referred to as the "Regulations"). Among its provisions, it states that network storage and search providers who disconnect related infringing links after receiving a notice from the right holder are not liable for compensation. In many infringement lawsuits, Internet companies often use this regulation as a legal weapon.
However, multiple lawyers told The First Financial Daily that Baidu's actions do not apply to the "Network Safe Harbor Principle."
"Baidu Wenku and Baidu MP3 have clearly categorized or set up rankings for infringing works, proving that Baidu is aware of its own infringement, and Baidu also profits through advertisements on related infringing pages, and it is not merely providing information无偿," Shanghai Dabang Law Firm intellectual property lawyer You Yunting (Weibo) told our reporter.
Wang Junlin, partner at Beijing Yingke Law Firm, believes that if Baidu Wenku reconnects infringing links after disconnecting them, it constitutes intentional behavior and is not protected by the "Regulations."
Moreover, Wang Junlin pointed out that some provisions in the "Regulations" contradict relevant articles in the "Copyright Law of the People's Republic of China" (hereinafter referred to as the "Copyright Law"), because the "Copyright Law" clearly stipulates the protection of copyright holders' rights. "The effect of the law should outweigh the regulations. Perhaps the original purpose of formulating the 'Regulations' was to protect new things like the Internet, but now Internet infringement is becoming increasingly rampant. It is suggested that relevant departments should amend the provisions in the 'Regulations' that do not fit the current situation."
You Yunting said: "Baidu's approach is highly questionable, because Baidu not only harms the interests of traditional industries but also harms the interests of emerging industries."
Companies have started to react to Baidu's monopoly and intellectual property infringement. Li Guoqing, co-president of dangdang.com, stated that starting from April 1st, they will stop tens of millions of yuan worth of advertising and search placements on Baidu.
Additionally, Shen Haobo, CEO of Motie Books, revealed the latest progress in negotiations with Baidu on Weibo: "A senior executive from Baidu met with me and Gao Xiaosong from the music industry. This senior executive expressed a positive intention to negotiate. My stance: 1. I cannot represent writers and the publishing industry. 2. Baidu does not need nor can it solve any individual cases involving Motie writers; it must fundamentally address the concerns of all writers and publishers. 3. Baidu must conduct transparent negotiations with representatives publicly endorsed by writers and the publishing industry. Both sides agreed to formally negotiate before the Qingming Festival."