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Without permission to include works and provide download CNKI infringement was awarded 196,000

via:凤凰网     time:2022/8/4 22:01:03     readed:54

Knowledge network included works infringement was awarded 196,000.

On August 4, Beijing court information network to disclose a series of cases, according to the judgment for the ownership, copyright infringement, Beijing century super star information technology development co., LTD. (hereinafter referred to as the "super star" of the century) charged electronic magazine "China academic journals (cd-rom version) co., LTD. (hereinafter referred to as the" academic journal company "), the super star, It has the exclusive right to use the articles involved in the case, and the defendant academic Journal Company provided the paid online reading and downloading services of the above-mentioned articles without permission, infringing upon the rights of the plaintiff. The court heard that the defendant will be involved in the article collection and download services, does not belong to the journal and journal reprint or excerpt behavior, the defendant's behavior constitutes infringement. A total of 13 lawsuits were filed, with Century Super Star receiving a total compensation of 196,000 yuan.

The copyright of the article involved in the case dates back to September 2011, when Century Super Star and the author of the article involved in the case signed the "Personal Works Authorization", the article involved in the information network transmission right, nature is exclusive right of use, the authorization is valid for ten years, after the expiration of three months without objection, the authorization will be automatically renewed.

However, before the expiration of the authorization letter in August 2021, Century Chaoxing landed on the operating website of the defendant academic Journal Company www.cnki.net (namely, CNKI), and found that it provided paid online reading and paid download services for the above-mentioned articles without permission. Century Chaoxing entrusted an agent to notarize the evidence preservation and record this process. As a result, Century Super Star asked the court to order the defendant Academic Journal Company to compensate 42,500 yuan and pay Century Super Star's legal fees of 3,000 yuan. In the trial, the century super star and net have confirmed that the articles involved have been deleted.

The court heard that the defendant will be involved in the article collection and download services, does not belong to the journal and journal reprint or excerpt behavior, the defendant's behavior constitutes infringement. The court ordered the defendant to compensate the plaintiff for economic losses ranging from thousands to thousands of yuan and expenses for rights protection.

Century super star co., LTD. Is a digital library solution provider and digital library resources providers, website, century super flag has a super star learn App and found that, the chain, reading, show, etc. Series of products, has won the 360000 individual authors authorization, and mechanical industry press, citic publishing group, nearly 300 press and publishing group of more than 10 depth cooperation.

Tianyan data show that up to now, Century super star involved in more than two thousand legal proceedings, of which, Century Super star as the plaintiff has involved more than 5.53 million yuan, and Century super Star as the defendant involved in more than one thousand legal proceedings, involving more than 9.88 million yuan.

世纪超星公司案由统计 来源:天眼查

Source of case statistics of Century Super Star Company: The official website of CNKI shows that the predecessor of CNKI, China Academic Journal (CD-ROM edition), was founded in 1996 and China National Knowledge Infrastructure (CNKI), also known as CNKI, was launched in 1999.

In April this year, the news that the Chinese Academy of Sciences (CAS) was unable to use the CNKI database due to the heavy burden of nearly 10 million subscription fees caused heated discussion. In addition to the Chinese Academy of Sciences, many universities, including Peking University, have also fallen out with CNKI due to high fees.

In addition, the copyright issue involved in CNKI has also become the focus of social attention. In 2021, a retired professor, Zhao Dexin, sued CNKI for including more than 100 papers without authorization, and was awarded more than 700,000 yuan in damages.

On May 13, the State Administration for Market Regulation announced on its website that it had launched an investigation into CNKI for alleged monopoly activities according to the preliminary inspection. On the same day, Tongfang shares announced that it will fully cooperate with the State Administration of Market Regulation on the anti-monopoly investigation of the subsidiary. The announcement said it will take the investigation as an opportunity to deeply introspect, fully self-examine, overhaul, operate in accordance with the law, innovate the development model, and assume social responsibility for China's knowledge infrastructure.

On June 24, the relevant person in charge of the cyber security review office said that in order to prevent national data security risks, safeguard national security and protect the public interest, on June 23, 2022, the cyber security review office interviewed the person in charge of CNKI and announced the launch of the cyber security review of CNKI.

Tongfang's 2021 annual report shows that CNKI is its wholly-owned subsidiary. Annual report, hownet is mainly engaged in publishing and Internet services, has now formed a "China hownet" (CNKI) web portal, to provide users with "Chinese knowledge resource pool", "Chinese academic journal database", "bo master thesis database in China" and a series of products, as well as the knowledge resources, Shared Internet search and web publishing service.

The annual report revealed that Tongfang's main business revenue of 1.289 billion yuan; Net profit attributable to shareholders of the parent company was RMB194 million. It is worth noting that the gross margin of CNKI reached 53.35%. By the end of the reporting period, CNKI's total assets reached 2.755 billion yuan.

As of August 4, Tongfang shares (600100.SH) closed up 1.38% to 4.42 yuan. The stock is down more than 26% this year.

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