Internet regulation protects search engines (Xinhua) Updated: 2006-07-05 17:00
China's first regulation on on-line copyright, implemented on July 1, will
protect search engine operators from copyright infringement accusations and give
them a legal status, say experts.
"Search engines providing links can be
exempted from copyright infringement of the content under the regulation," said
Wang Bin, secretary general of on-line copyright alliance of Internet Society of
China.
Last September, seven record companies accused Baidu.com, the
largest Chinese search engine, of offering pirated free downloads of their
songs, triggering a spate of legal cases against search engine operators.
However, the new regulation stipulates that Internet service providers
which merely offer search services and links are not liable for links to pirated
content if they delete the links after being informed by the copyright owners.
If the search engines continue to provide links to pirated content, they take on
the infringement responsibility along with the pirate websites.
"It
means search engines would not be directly responsible for pirated products they
provide links to," said Wang.
Government statistics show that China has
over 111 million Internet users and Internet companies are beginning to focus on
providing sound and image content.
"Copyright has become a prominent
issue for websites and laws and regulations are needed to guarantee the
websites' legal right to provide content," said Wang.
He believed the
new regulation would encourage Internet content providers to take more serious
consideration of intellectual property rights protection.
Baidu.com
welcomed the new regulation and believed it would give search engines a legal
status and help promote cooperation with record companies.
"Baidu hopes
to have mutually beneficial cooperation with record companies and protection of
on-line copyright needs coordination of the whole industrial chain," said Wang
Dong, brand and marketing director of Baidu.
Music searches are Baidu's
most popular service after website searches. Baidu has been active in
participating in the industrial chain of digital music. Last October, it
launched a music alliance and the number of record companies in the alliance has
increased from the original six to 30.
The regulation would bring
opportunities to search engines as well as responsibilities, said He Qifeng, an
analyst with the China Center for Information Industry Development.
"It
lays a framework for Internet service providers and clarifies their
liabilities," said He.
But the regulation was hard to implement to some
extent, He said. Due to the large number of pirate websites, copyright owners
would find it difficult to list them all, and even if they could, search engines
might not want to delete all the sites if it affected search results, said He.
"Search engines may have a dilemma then," said He.
If copyright
owners failed to inform the website and chose immediate legal action, the
regulation gave no guidance to courts on how to rule in such cases, said Wang.
He said the on-line copyright alliance would discuss the issue with
Internet companies, judicial and legislative
departments.
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