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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]