Article 48 states that any person shall have the right to make a temporary reproduction of a work of authorship without the author’s permission and without paying any remuneration, under the following conditions: reproduction is transient or incidental; reproduction is an integral and essential part of a technological process; purpose of reproduction is to enable a transmission of data in a network between two or more persons through an intermediary, or to enable a lawful use of a work of authorship; and reproduction does not have independent economic significance.
(1) This Law regulates the regulates the conditions and manner of information society services, obligations to inform service users, commercial messages, rules relating to the conclusion of the contract in electronic form, the responsibility of service providers of the information society, and monitoring violations. (2) Article 3, par. 1.3. defines an information society service as a "service provided at a distance, for a fee, through electronic equipment for data processing and storage, upon personal request of services users, and especially internet based commerce, offering information and advertising via the Internet, electronic search engines, as well as providing search data and services transmitted by electronic networks, providing access to a network or storage of services users’ data." Moreover, Article 3, par...
(2) Article 2, par, 1.5. defines that producer of an advertising message as a a legal entity, which has been registered for planning advertising activities, creating or producing advertising messages, planning or renting advertising space within public media, or for certain stages of the advertising process. (3) The Law defines various types of advertising which are strictly prohibited, such as advertising calling for a boycott of another person, advertising with prohibited symbols, advertising of pornography, advertising showing use of force, advertising highlighting the dominant position of one gender compared to a person of another gender, advertising of narcotics, alcoholic drinks, tobaccos or weapons. Moreover, abuse of inexperience, ignorance and credulity of juveniles is also strictly prohibited in advertising...
Provisions of this law are relevant in terms of civil liability of intermediaries for damages caused by breaching contractual and extra-contractual obligations provided by the law.
Three years after rights owner Sohu sued Baidu for both direct and indirect copyright infringement of Sohu's hit web series 匆匆那年 (namely, the fleet of time, 2014), Baidu won on appeal at Jiangsu High People’s Court after the 2018 defeat at a lower court. The Court held that users’ uploading, storing and downloading activities do not in themselves constitute dissemination of information over the network with the intent of communicating to the public. Although discovered evidence has shown copies of the web series appearing on Pan, the Court found insufficient proof of users’ actual “sharing” or “disseminating” activities using Pan services on the platform. On a particularly thorny issue of what constitute a valid notice, the Court tossed out Sohu’s MD5 hash matching proposal, holding that the notice failed to provide...