current position：Home>Netizens editing encyclopedia entries involving infringement Baidu was sentenced to 6 yuan
Netizens editing encyclopedia entries involving infringement Baidu was sentenced to 6 yuan
2022-05-07 23:47:47【Network pusher】
plaintiff ： His father “ entry ” Be modified , Baidu has audit fault
The plaintiff Zhao said ,2013 year 1 month 、6 month , Baidu users to Zhao's father “ Baidu Encyclopedia ” Edit the entry twice , To join his father is “ Da Wen thief ” Words and expressions 、 Delete the opera script in his father's masterpiece 《 red coral 》. The above act of adding insulting words “ Baidu Encyclopedia ” The editor reviews the release and keeps it until 2018 year 7 month ; His father's masterpiece has not been restored . Zhao thinks the act infringes on his father's and his family's right of reputation , Baidu company's review of the entry editor is wrong , Should undertake to stop the infringement 、 To restore to the original 、 Apologize 、 Legal liability for damages .
The defendant ： executed “ notice - Delete ” obligation It has no prior review obligation
The defendant Baidu company argued that it had fulfilled its legal obligations , There should be no legal liability . First of all , As a network service provider , Baidu Inc has fulfilled “ notice - Delete ” obligation . second , Baidu is not the publisher and provider of the articles involved , I don't know or have the ability to know in advance that the articles involved exist in the network products involved , The current law does not impose the obligation of prior review on Internet service providers . Third , As a network service provider , Baidu company has fulfilled the legal obligations of prompt in advance and supervision afterwards . Fourth , Baidu company has provided the registration information of Baidu users involved in the case to the court according to law .
court ： Baidu company constitutes infringement They should bear civil liability
Beijing Internet court finds , Baidu users involved in the case cover up Zhao's paternal opera by deleting the content of the entry 《 red coral 》 The author's actions , It will affect the reality of Internet users 、 A comprehensive understanding of his father's life and his representative works , To a certain extent, it causes the consequence of the reduction of his father's social evaluation . At the end of the words involved in the case, add obvious professional ethics to the father of Zhao 、 To insult one 's personality 、 Derogatory remarks , be based on “ Baidu Encyclopedia ” Openness , The above content will be displayed to non-specific Internet users for five years , Seriously damaged the reputation of Zhao's father .
Created by users 、 Knowledge sharing and opinion expression involved in the process of editing entries , There is a risk of infringement . Especially for the editing of characters , Because it involves the evaluation of the characters , Plus the operation mechanism that everyone can edit , It's easy to be subjective 、 Emotional and specific expressions . So Baidu company for “ Baidu Encyclopedia ” There is no doubt that the supervision of the editors of character terms needs to be enhanced . Besides , Baidu company has never provided the court with the user agreement applicable to the editing of the entry by Baidu users involved in the case 、 Editorial rules , We should bear the consequences of the impossibility of proof . Baidu users involved in this case edit the entries involved twice , None of the references , There is no objective basis for the modification , But all passed in a short time . It shows that Baidu company has not taken effective measures to prevent and control the risk of editing character entries .
Baidu company in can know when the network user uses its network service to infringe upon the civil rights and interests of others , Not taking the necessary measures , Failed to fulfill the management obligations of the network service provider , Should bear the civil tort liability to Zhao . Although Zhao found the infringement after notifying Baidu company , Baidu company after the review of the deletion . But Baidu did not effectively stop the occurrence of infringement , Should compensate Zhao so and so spirit damage solace gold , And make a public apology .
With “ Baidu Encyclopedia ” For the representative network encyclopedia , It has gradually grown into one of the information access channels on which the society depends , Present the social public interest attribute , We should put forward higher requirements for the construction of Internet content . Baidu shall not expand the exemption content without limitation to reduce the operational risk , Responsible for making full use of Internet technology to improve the logical judgment of audit system 、 Computing power , With the help of manual audit , Create a clean and airy cyberspace , Let Internet encyclopedia products really serve the society , Serve the development of the Internet .
author[Network pusher],Please bring the original link to reprint, thank you.
The sidebar is recommended
- Isolated hotel is hard to save in the first quarter
- Of App Design Pattern - Navigation Design
- Yuanqi forest fights fiercely in the Red Sea market
- I, a 985 undergraduate, joined Huawei's outsourcing company, exposed my pre tax salary and frankly wanted to resign
- Build a top service team and start the customized design training of pinai whole house
- After tasting 9 courses of scrambled eggs with tomatoes, the robot "Chef" drew a taste map
- The total number of relevant videos is more than 5 billion! Kwai releases the first round observation report of NBA playoffs
- "Spy war blockbuster"! Baidu employees were fined nearly one million yuan for job hopping
- Mass production of high-end Bluetooth chip: at83xp new generation
- VC exit, the beginning and the end reflect each other
guess what you like
36 krypton read "it is estimated that 80% of the scenes in the book may become a reality in 20 years"
This "amateur" programmer used 50 1080ti to fight cancer
Qimai data: the number of online apps in domestic app stores decreased by 21.4% year-on-year in 2021
Mother's Day is coming. Are you ready for the activity plan and advertising materials?
We media basic software Photoshop novice Xiaobai tutorial (8) -- a case of gradient tool
It is open 24 hours and can scan the code to download books
To break the boring time of the weekend, it is enough to use a Jimi z8x
Cloudflare successfully responded to one of the largest HTTPS DDoS attacks in history: 15.3 million requests per second
Basic functions of free OA system
These four screen recording software are really fragrant
- Video editing software
- Anti science culture people, what kind of popular science do you want?
- Seven regrets of decoration loopholes. Don't fall into the pit when you are decorating!
- What if there is no nucleic acid certificate for passengers entering Zheng outside the province? Zhengzhou east coach station: on site arrangement
- Make work more free! From spreadsheet to low code, the birth and development of black technology software
- The headline is an encyclopedia. Please be kind to the headline
- Three solutions of volcanic engine help Hualin securities build a new version of dolphin stock
- Horizontal survey: the best remote tool! Todesk, sunflower, TeamViewer, anydesk
- 5g "routine" exposed? The people's daily made a sound overnight after 300 million people were cheated
- Mitsubishi PLC software installation, use, programming logic common problems summary, software installation so easy
- The simplest family KTV establishment scheme
- Interior designer registration conditions and examination contents - suggestions collection
- Wild feast: what are the highlights of the 2022 Dakar Rally?
- Jia Yueting's microblog IP possession is displayed as Beijing netizen: President Jia has returned home?
- The investment companies of Nora whose licenses have been revoked have been cancelled or revoked
- One of the most useful enrollment methods for art training institutions: special introduction
- One hundred children around the factory had nosebleed, and BYD promised to make thorough rectification after being accused of pollution
- The IP territorial business behind the network's popularity: some links have been taken off the shelf and are still selling for keywords
- Dry goods kindergarten spring theme activity plan, collect it quickly
- Dry goods: 800 million yuan sold in one year, panda does not go through the marketing planning scheme (detailed explanation of ppt on page 47)
- [uncle Dao said] a fire that has been burning for a hundred years
- This year's national college entrance examination will be held from June 7 to 8
- How to apply for Tiktok guild
- The revenue decline of several head MCN institutions and the openness of the contradiction between the platform
- Direct attack on March 15: apple, hungry, 51job, Internet companies named in those years
- Baidu home decoration brand Zhuang Xinjia starts xinju award designer competition
- "Second empty"! Why is it so popular for the ambassador to China to bring goods?
- Radio and television and other four departments: minors are prohibited from participating in live broadcasting, reward and engaging in live broadcasting
- E-commerce information / dry goods of "February 25 express" on e-monkey.com, which gathers new e-commerce news all over the world
- Remote control boot, easy office weapon: sunflower boot box K3 hands-on experience
- The return rate of Ningde times Shanghai Port factory is 90%, and the production capacity returns to the pre epidemic level
- The graduate student talked with the liar for 3 hours and was cheated by 740000. He didn't wake up until his girlfriend dissuaded him
- Frontline ｜ the new hi version of extreme fox alpha s is launched, equipped with Huawei's full stack intelligent driving scheme + Hongmeng car machine OS
- How to create a successful entry in the Encyclopedia of business people
- Hardcore observation 629 when Google Docs encountered poetry, it crashed
- Consumer level Raptor ultimate nuclear bomb zen4 version thread Ripper rushed to 96 core 192 threads
- Microsoft edge team sends an open letter to recruit chrome kernel plug-in developers
- Samsung Galaxy Z flip4 exposure: Xiaolong 8 plus + 3400mah combination is unique
- Huawei's first high-level automatic driving car, extreme fox alpha s, has a new hi version on the market: from 397900 yuan
- Xiaolong 8 plus flagship Samsung Galaxy Z fold4 / flip4 Online