The first case of domain name registration service providers infringement case in Xinxiang final ver

river network news (reporter Song Xiangle) the reputation of citizens by slander attacks on the network, in addition to the rights to the release site, infringing speech publishers, network service providers should bear responsibility? In July 11th, Henan Province, Xinxiang City Intermediate People’s court announced, the first domestic domain name registration service providers infringement case final judgment to love, spiritual damage compensation network to provide domain name registration services for the infringing website solatium 5000 yuan.

Cuimou for senior staff of a state-owned enterprise in Xinxiang city of Henan province in July 22, 2010, and in the Luo Cui personal grudges in Internet cafes to the employees of the enterprise name made up entitled "Xinxiang × × × company cadre Tibet tricky idle bully bet 2 million 500 thousand to sit on the chair," post, posted, people.com.cn Tianya forum website etc.. After the discipline inspection departments, public security departments were investigated to determine the contents of the post fiction.

March 4, 2011, Choi defamation grounds, the Luo court. In the trial, Luo expressed regret for his actions, admit his reputation caused by the infringement to the plaintiff. The court mediation, the two sides reached the defendant Luo apology agreement.

online information forwarding too fast, although the posts have been identified as false content, the infringer has also been punished by the law, but there are still many websites still have this post." According to Cui introduced through multi contact, most of the site has been deleted this false information.

let the winter of 2011, Choi did not think that the Tokyo information network, China reader network forums and other 7 sites in Xi’an still published in the infringement of the title of the post, he repeatedly contact, found that the 7 sites were used by foreign space, and the site management of Cuimou request ignored. Choi also contacted with the domain name registration services for the 7 sites of the Hangzhou Love Network Co., its appeal for 7 websites are disconnected, but still failed.

helpless, Cuimou according to China’s tort liability law provisions, to name network limited to court.

after the judge that, love net as a network service provider, after receiving the infringee notice that Cui Hailiang should take measures to be taken without love, a network company’s behavior has violated the provisions of the "tort liability law" in article thirty-sixth, the court made the final judgment, net love shall assume the tort liability, compensation solatium 5000 yuan.

Judge

interpretation: domain name registration service provider is a network service provider

?

"tort liability law" thirty-sixth paragraph second: "network users utilize the network to commit a tort, the infringer is entitled to notify the network service provider to delete, shielding, broken links and other necessary measures. If the network service provider fails to take necessary measures in a timely manner after receiving the notification, it shall bear joint and several liability for the extension of the damage."

>

Leave a Reply

Your email address will not be published. Required fields are marked *