其好处可概括为两个方面：全面性和动态性。"全面性"是指，从持有的角度加强使用，不仅鼓励数 据的价值创造，更鼓励数据的价值实现。"数据二十条"明确区分了这二者：数据采集属于价值创造；而 对其加工、再利用、流通乃至于应用，这些都属于使用过程，关乎价值实现。"动态性"是指，数据资源 拥有生命周期，包含数据采集、加工、利用、流通、使用等诸多环节，是一个动态过程。如果我们刻舟 求剑，只在它的起点确定价值，就无法体现其在整个流通过程中的价值。 这种强化"使用权"的思路，即我们提出的数据"三权分置"，相比传统的物权确权的思路有几个好 处：第一是灵活。持有权比所有权更加灵活，在数据生命周期里，各个环节的主体都可以参与价值实 现。第二是更加公平。在涉及共同利益的地方，所有权的行使不能伤害社会利益。当个体的开发效率低 于开放带来的社会总效益时，制度设计就需考虑公共利益和公平原则。第三是激励机制。通过扩大用益 权的范围，可以有效激励一线劳动者和网民在内的参与者。 原标题：言必有数｜姜奇平：加强数据基础制度建设，激活数字经济新动能 编者按：随着数据要素市场化配置改革持续深化，制度构建、价值释放与治理协同成为推动数字经 济高质量发展的 ...

Core Viewpoint - The case of "Xiao Wang Shen" infringement has been ruled by the Nanjing Intermediate People's Court, affirming that Taobao Tmall holds data rights over its platform's operational data and derived data products, marking a significant legal precedent in the protection of data rights for large internet platforms [1][3]. Group 1: Legal Context - The ruling is recognized as a landmark case in the realm of data resource law, often referred to as the "first case of data resource law enforcement in the country" [1]. - The court determined that Taobao Tmall possesses commercial secrets and data rights over three categories of data: raw information, processed operational data, and derived data products [3]. Group 2: Infringement Details - The "Xiao Wang Shen" software was found to have illegally accessed and sold Taobao Tmall's operational data, generating an estimated illegal income of approximately 22.96 million yuan [3]. - The court ordered the defendants to cease their infringing activities and pay punitive damages of 30 million yuan to Taobao Tmall, along with reasonable expenses of 100,000 yuan [3]. Group 3: Data Rights and Protection - The ruling reinforces the concept of "data three rights," which includes holding, using, and processing rights over data, thereby clarifying the ownership and protection of data rights in the digital economy [3]. - The "Xiao Wang Shen" software's official channels still display links to plugins with infringing functionalities, indicating ongoing challenges in enforcing the ruling [4].

Group 1 - The core viewpoint of the article highlights the significant growth in Tongfang Co., Ltd.'s data resources, which increased by 61% to 93.44 million yuan compared to the initial disclosure in the semi-annual report [1] - Tongfang's total revenue for 2024 reached 16.802 billion yuan, with a net profit attributable to shareholders of 141 million yuan, marking the first profit after four years of losses [4] - The main revenue source for Tongfang is nuclear technology applications, generating 6.376 billion yuan, accounting for nearly 40% of total revenue, with a gross margin of 32.94% [5] Group 2 - The digital information business of Tongfang, driven by knowledge services, big data, industrial internet, and generative AI technology, reported revenue of 3.936 billion yuan, with a gross margin of 32.73%, the second highest among its five main business segments [5][11] - Tongfang's subsidiary, CNKI, holds nearly 380 million literature resources and has faced frequent copyright disputes, including issues related to authors needing to pay fees to download their own papers [11][12] - The current copyright model of CNKI involves indirect authorization through agreements with journal publishers, which has led to legal challenges regarding the rights of authors [12][14] Group 3 - The market regulatory authority investigated CNKI for abusing its dominant market position in the Chinese academic literature database service market, resulting in a fine of 87.6 million yuan based on 5% of its 2021 sales in China [14] - The "three rights separation" framework established by the "Data Twenty Articles" indicates that data ownership, processing rights, and product operation rights are now distinct, with CNKI primarily holding processing and operational rights rather than ownership [16]