XXX

Information network dissemination behavior refers to the placing of works on the information network, namely the behavior of providing“works”.If the Internet service provider only provides the network address of the link to the work without involving the transmission of the work, and the link itself will not actually allow the user to obtain the work, it will not constitute a direct infringement of the right of information network dissemination.

Case: S is a well-known children’s author.She published a book in 2006.S found later that Company W illegally provided its readers with an online reading service of S’s book on its website at the price of RMB 1.2 yuan / copy, and she believed that Company W infringed her copyright and she filed a lawsuit.((2017) Zhe 8601 Min Chu No.1014)(https://www.daowen.com)

The court found that: (1) Company W provides internet promotion services to Company M through content linking according to its cooperation agreement with Company M, and promotes the content and link address provided by Company M.(2) Company W clearly indicated“the source of the content is from Company M” on the relevant page showing the work involved in the case, and made a statement on the payment method indicating that Company M received the full revenue of the work involved in the case.(3) According to the use of a technical means of packet analyzing in court, it was confirmed that the book was stored in a web server.The book provided by Company W on its website and its client machines were read directly from the web server.

Finally, the court determined that Company W just provided the link in this case, and was not involved in the transmission of the work.Company W only provided the network address of the work.Whether the user can obtain the work or not depends on the linked website.The link itself did not allow the user to actually obtain the work.The act of disseminating works to the public over information networks refers to the act of placing works in information networks, and specifically refers to the behavior of providing works.Therefore, this act of Company W did not constitute a direct infringement on the right of information network dissemination.