Network infringement, as its name implies, refers to the infringement that occurs in the network environment. The so-called network refers to "a system that connects multiple computer systems with different geographical locations and independent functions through communication equipment and lines, and realizes resource sharing in the network with perfect network software (namely, network communication protocol, information exchange mode and network operating system)." Internet tort is essentially the same as traditional tort, that is, the actor infringes on the property and personal rights of others because of his own fault, and should bear civil liability according to law, as well as other acts that cause damage to people as specified by law.
Second, what are the types of network infringement?
Internet users use the Internet to infringe upon the civil rights and interests of others, which can be roughly divided into the following types:
(A) is an infringement of the right to personality. Mainly as follows:
1, stealing or counterfeiting other people's names, infringing on the right to name;
2, unauthorized use of other people's portraits, infringement of portrait rights;
3. Publish articles that attack, slander others and infringe on the right of reputation;
4. Illegally invade other people's computers, illegally intercept other people's transmission information, disclose other people's personal information without authorization, send a large number of spam, and invade privacy.
Specific personality rights include body rights, life rights, health rights, freedom rights, privacy rights, name rights, portrait rights, reputation rights and honor rights. 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 legal weapons to pursue the responsibility of the infringer, his legitimate rights and interests can be protected.
China's Constitution stipulates that "China citizens' houses are inviolable. It is forbidden to illegally search or illegally invade citizens' homes. " "China citizens' freedom and privacy of communication are protected by law. "Article 140 of the Supreme People's Court's Opinions on Several Issues Concerning the Further Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that" publishing others' privacy in written or oral form, or fabricating facts to publicly vilify others' personality, insult and slander others, damage their reputation, and cause certain influence, shall be deemed as an act of infringing citizens' right of reputation.
Article 7, paragraph 3, of the Answer to Several Questions on the Trial of Reputation Rights clearly states that publishing others' privacy without others' consent and causing damage to others' reputation shall be deemed as infringement of others' reputation rights. It can be seen that the right to privacy is not only gradually highlighted as a specific personality right in our laws, but also received legal attention and protection under the network environment.
(2) Infringement of property interests. Based on the convenience and commercialization of online activities, it is not uncommon to infringe on property interests through the network, such as stealing funds from other people's online banking accounts, the most typical of which is infringing on online virtual property, such as stealing other people's online game equipment and virtual currency.
(3) Infringement of intellectual property rights. Mainly manifested in the infringement of copyright and trademark rights of others:
1, copyright infringement. Such as unauthorized digital transmission of other people's works, circumvention of technical measures, infringement of databases, etc.
2. Infringement of trademark rights. Such as using other people's trademarks on the website, deliberately making consumers mistakenly think that the website is the website of the trademark owner, and maliciously squatting domain names that are the same as or similar to other people's trademarks.
Article 36 of the Tort Liability Law of People's Republic of China (PRC) * * * Internet users and Internet service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability.
3. According to the law, copyright includes personal rights and property rights of works, as follows:
(1) Personal rights of works: the right to publish, the right to sign, the right to modify and the right to protect the integrity of works.
(2) Property right of works: the copyright owner shall enjoy the rights of reproduction, distribution, lease, exhibition, performance, projection, broadcasting, information network dissemination, shooting, adaptation, assembly and translation.
With the wide application of the Internet, there are endless acts of copyright infringement on the Internet. For example, many websites upload their works to the Internet without the consent of the copyright owner. Reprinting news released by news organizations without signing a license contract with news organizations; Spreading smuggled audio-visual products on the Internet and so on. Correspondingly, the number of Internet copyright disputes accepted by the courts is also increasing.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Computer Network Copyright Disputes stipulates the determination of the jurisdiction of network copyright infringement disputes; Bringing digital works into the scope of copyright protection makes it clear that digital communication is one of the ways of using works.
Third, how to determine the jurisdiction court of network infringement?
China's Civil Procedure Law adheres to the principle of territorial jurisdiction of infringement cases: the place of infringement and the defendant's domicile. For example, Article 28 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that a lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile. In order to clarify the place of infringement, the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC) came into effect on February 4, 201May.
Article 24 stipulates that the place where an infringement occurs as stipulated in Article 28 of the Civil Procedure Law includes the place where the infringement occurred and the place where the infringement result occurred. In this explanation, in view of the increasingly active information network, the place where the infringement is carried out and the place where the infringement result occurs are defined more specifically and clearly. Article 25 of this interpretation stipulates that the place where the information network infringement occurs includes the location of the computer and other information equipment where the alleged infringement occurs, and the place where the infringement result occurs includes the domicile of the infringed person.