What are the acts of network infringement?
1, online infringement of personality rights
? 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 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. "The third paragraph of Article 7 of the" Answers to Several Questions on the Trial of Reputation Rights Cases "clearly stipulates 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. Copyright infringement on the Internet
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.