website published false news, infringement of the rights of others, constitute infringement? Recently, Qingyang District People’s Court concluded with a well-known site catering company sued the publication of false news, damage the company’s reputation, influence of network tort liability disputes of its business. After the trial, the court in the end to delete the site in a timely manner, to eliminate the impact of the plaintiff dismissed the plaintiff’s lawsuit claims.
July 28, 2011, the website blog section published an article on the plaintiff owns a restaurant chain using drainage oil blog. In August 1st of the same year, the blogger has on the site to reporter unannounced visits to the head, continue to publish on the production process of the drainage oil store article. The company believes that the false news website published in the public image and normal operation by the impact of the prosecution, requested the court website to immediately stop the infringement, eliminate the effect. After the site was informed that the contents of the alleged infringement of the plaintiff’s interests, the first time that the contents of the deleted.
after the trial, the court held that the plaintiff company found in the site published the reprint untrue articles, not the first time to contact the site to deal with the matters. The court will be a copy of the complaint, court summons, notice of proof and other legal documents to the defendant, the defendant was removed on the site immediately published in the blog article, the video, the defendant should be deemed to have legal obligation and tort fact does not exist, so that the site catering company to stop infringement, eliminate the influence of reason can not be established, the court shall not support the claim. Chen Xuezhu newspaper reporter Chen Di
if the plaintiff contacts with the website
better and faster
in accordance with the provisions of article thirty-sixth of the tort liability law of the People’s Republic of China, "network users and network service providers use the network to infringe upon the civil rights and interests of others, and shall bear tort liability…… If the network service provider fails to take necessary measures in a timely manner after receiving the notification, it shall bear joint and several liability for the extension of the damage." In this case, the site immediately after receiving the court’s legal documents deleted content, so that the site took the necessary measures in a timely manner, does not constitute a network infringement.
found that the plaintiff after the infringement of the article, choose to prosecute to the court. If the victim found that the infringement of online articles directly with the network service provider convergence, faster, better results.