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Chinese video site shielding upgrade overseas IP copyright dispute
Beginning of this year, some in Japan "video enthusiasts" is concerned, happy days are over. Prior to this, as long as the landing of China's potatoes, such as video yoqoo site, you can watch the content-rich Japanese TV drama series, and do not need to pay any charges. Today, once taken for granted that their free viewing mode halted.
January 5, potatoes net to our reporter confirmed that the recent potato network has been shielding some of Japan's IP, these users can not landing net potatoes.
"There are a small minority of potatoes outside users can not watch network programs, mainly because it was authorized by the relevant regional and manner." Potato Network, told reporters the person concerned, as part of program content was not broadcast in Japan authorized by the region, resulting in potatoes net "active" in the region masked IP.
In fact, the potato's experience is not the case. Shanghai Intellectual Property Department of law firm lawyers Tour Cloud Chamber said that at present in the network area of authorized video content, the basic are sub-regional delegation of authority; and for the vast number of overseas video content, China's video site was only the exception of Hong Kong, Macao and Taiwan in addition In mainland China's "right to disseminate information network."
But in reality the other side, the Internet technology "without borders" in the region led to non-authorized users can easily access the free video Web site from China to provide audio-visual program services, which led directly to content providers in the copyright license agreement the "regional" restrictions become a mere scrap of paper.
Reporter was informed that, as China's video site, "cross-regional" infringement becomes more extensive, has provided overseas copyright concerns, in recent years, overseas copyright principles of China's video site above infringement activism is becoming more frequent. "It can be said that China is now the overwhelming majority of video sites there are similar 'cross-regional' infringement risk." Cloud Chamber considers Tour.
Calamity from Japan
"In fact, it is a long-term potential risks to hide, but only recently concentrated burst out." Engaged in a perennial video copyright authorization consulting a lawyer, told reporters that with the development of China's video site, and its overseas Internet users the influence gradually emerged, leading to its "cross-regional" increasing overseas copyright infringement side attention.
According to Japanese media, a growing number of Japanese users to watch China's video site has just released the Japanese TV dramas, animated films, such as not only a violation of copyright works, is more serious is the impact to the operator of Japan-related charges business.
It is reported that Japan's largest radio and television organizations launched the toll network NHK television service "NHK ON DEMAND". The service relies on broadband networks on the Internet, users can, through a personal computer or TV to pay-on-demand programs. But video sites from China, "cross-regional" in the provision of non-authorized video content, a direct threat to its fee-based services operators.
In this context, since the beginning of last year, NHK and China began to negotiate the major video sites. January 5, yoqoo network confirmed to our reporter, NHK indeed on copyright issues with network yoqoo had to negotiate, saying the two sides to maintain "friendly and cooperative way of communication" and "have been exploring cooperation model."
Which many people in the industry revealed that it is precisely because the most recent period, from Japan and other places of China's copyright provider of video sites has increased the rights, and that led to the ultimate shield some potatoes in Japan IP.
January 5, potatoes network in an interview with reporters denied this saying: "(We) do not receive a notification or a class of." However, the potato network to recognize, shielding some Japanese IP, "is in the near future the decision. "
Even so, in a country other than Japan, from China's video site offers a "cross-regional" non-licensed content remains lawless. Potatoes Network, said: "In France, the United States and other areas of the normal users can access network potatoes." Yoqoo side and said that at present, have not heard from any foreign region, users can not landing yoqoo network.
"Cross-regional" infringement
"This is a serious abuses." Evening of January 6, Beijing Network chairman Shang Culture Communication Co., Ltd.in an interview with this reporter, to which aggrieved.
As the nation's largest digital video content copyright owners side, the net is still owned, including the Korean SBS television stations, TVB in Hong Kong and many overseas institutions in the Mainland of China Television's rights and interests of copyright agent.said that the network is still the only general access to overseas content providers in the Chinese mainland areas of copyright authorization, and therefore the copyright on the video Web site to sign the licensing agreement, that they will require the copyright is limited to mainland China.
"From a technical point of view, we would ask the authorized video site shielding outside the region of non-authorized IP, cross-regional players in order to avoid an infringement."explicitly told reporters that there is a copyright and the network of cooperation potatoes, in yoqoo signed licensing agreement, the "require shielding outside its region of non-authorized IP."
But that runs counter to this argument is that yoqoo network has made it clear that reporters never take the initiative to shield any outside IP. "This is a clear infringement."that, as the copyright owner side, the net still the protection of the rights and obligations related to video content only player in the authorized region.
told reporters, in fact, similar to the "cross-regional" infringement in China's video website industry is not uncommon, "There will always be the provider of overseas copyright complaints, and its program content was from China video site 'cross-regional' the player, thus affecting the authority of local operators. "
that encountered a similar situation, the net would also be immediately warned to stop violations related video Web site, serious cases will also denounced the law.
Even so, a similar human rights violations tend to have little effect, "often we have just the period of its representations, video website will be masked related IP. Soon thereafter, however, will re-open."that because of China's Internet video copyright protection of relevant legislation is lagging behind, resulting in lower cost infringement, "Therefore, the video site for copyright protection is often a passive response, rather than take the initiative to accept."
"Void" outside the broadcast?
In fact, outside of the "cross-regional," the broadcast of non-authorized content, the broad masses of the Chinese video Web site, the move is not worth the candle.
Analysys International analyst Liu in an interview with this reporter's opinion, the overwhelming majority of China's video site, overseas Internet users are basically ineffective marketing audience, because China's current profitability of the major video site is still online advertising revenue, However, the video ads on the site structure, mainly in online games, faster consumer goods products such as advertising majority, instead of brand advertising, "products targeted advertising is characterized by strong demand for delivery of advertisers is mainly directed against China's video site users. "
In addition, Analysys International's data show that China's current mainstream video site from outside the user's traffic flow is less than the total of 7%. Therefore, Liu believes that overseas users or whether it is the structure of the scale of China's video website advertising business, its marketing is very limited significance.
More than that, overseas users watch video programs and consumption in China will be occupied by the video site's server and bandwidth, which in the video site refinancing rather difficult moment, definitely not in line with the trend runs counter to reduce power consumption.
"Therefore, masked outside the region of non-authorized IP, from a commercial point of view and legal risks to consider, have practical significance." Liu think.
And in the international arena, shielding outside the IP has already been a precedent. U.S. well-known video site Hulu network outside the United States has been shielding the IP. When a user clicks on sites outside the video, it will prompt: "The video service is only available to users within the United States."
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