格式条款
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期货律师:居间合同一般不算格式条款,有效
Sou Hu Cai Jing· 2025-09-30 11:47
Core Viewpoint - The article discusses the legal implications of a futures intermediary being pressured by a futures company to sign a supplementary agreement containing clauses deemed unreasonable, highlighting the nature of standard contract terms and the validity of the existing contract [1]. Group 1: Contractual Nature - Standard terms are defined as clauses pre-drafted for repeated use without negotiation with the other party, characterized by being unilaterally drafted, reused, and non-negotiated [1]. - The futures intermediary's contract with the futures company is not considered a standard term contract since it changes annually and involves acceptance of the company's offer, indicating a genuine expression of intent between both parties [1]. Group 2: Legal Implications - The futures intermediary is advised to weigh the pros and cons before deciding whether to sign the related documents, emphasizing the importance of understanding the contractual obligations and potential consequences of non-signature [2].
格式条款问题突出 强化新业态知识产权保护
Bei Jing Shang Bao· 2025-07-28 03:02
Core Viewpoint - The rapid development of social media platforms has led to governance challenges regarding personal information security, platform responsibility, consumer rights, and intellectual property protection [1][2][3] Group 1: Case Statistics and Trends - The number of cases related to social media platforms has been increasing annually, with 458 cases in September-December 2018, 8011 cases in 2019, and 10424 cases in 2020, representing a year-on-year increase of 30.12% [1] - Copyright disputes constitute the highest proportion of social media platform disputes, accounting for 87.71% [1] Group 2: Intellectual Property Protection in New Business Models - New business models in areas such as online gaming, video, digital music, and online education are presenting new challenges for intellectual property protection [2] - A case involving a website operator and an app operator highlighted the issue of unauthorized sharing of premium content, leading to a ruling that the app operator must compensate the website operator 2 million yuan for economic losses [2] Group 3: Legislative Changes and Challenges - The revised Copyright Law effective from June 1 expands the protection scope of audiovisual works, emphasizing rights protection in emerging fields [3] - The application of new technologies like AI, big data, and cloud computing is significantly impacting traditional infringement recognition rules [3] Group 4: Mixed Business Operations and Legal Responsibilities - The traditional "safe harbor" principle is facing challenges due to the evolution of social media platforms into multi-service providers, leading to complex legal responsibilities [4][5] - Platforms are increasingly required to ensure compliance with legal obligations related to content regulation and data security as they diversify their services [4] Group 5: Consumer Rights and Data Protection - Issues with platform format clauses have been identified, where platforms often exempt themselves from liability while increasing consumer responsibility [6] - The court emphasized that platforms must not harm users' rights while exploring new business models, particularly in cases involving subscription services [6] Group 6: Future Directions - The Beijing Internet Court plans to strengthen the protection of fair market competition and address issues like online fraud and identity theft [7] - There is a focus on clarifying the rights attributes, protection scope, and accountability mechanisms for new types of intellectual property in the digital economy [7]