Co-branding,as an innovative consumer model,is increasingly favored by“Generation Z”consumers and has become a preferred strategy for many brands to expand their market reach and achieve widespread recognition.Howev...Co-branding,as an innovative consumer model,is increasingly favored by“Generation Z”consumers and has become a preferred strategy for many brands to expand their market reach and achieve widespread recognition.However,with the rapid growth of the co-branding economy,trademark infringement issues related to co-branded products have become more prevalent,posing significant obstacles to the successful execution of co-branding marketing activities.Based on the different legal statuses of trademarks,this study systematically analyzes the various infringement risks that may arise in the use of trademarks within co-branding practices and explores corresponding risk prevention measures.The objective is to provide strong support for the healthy and sustainable development of the co-branding economy.展开更多
Nowadays,facing severe environmental threats and frequent pollution accidents,China is forced to pay more attention to how to relieve the damages caused by environmental infringement in a timely and effective way duri...Nowadays,facing severe environmental threats and frequent pollution accidents,China is forced to pay more attention to how to relieve the damages caused by environmental infringement in a timely and effective way during the subsequent treatment.Since environmental damages nowadays are indirect,latent,and complicated,the traditional civil remedy by individuals is no longer an ideal solution to the problem.Therefore,a new system is required to protect the legal rights and interests of the injured party.Under the title of"Analysis on Diversified Socialized Relief System to Solve Environmental Infringement",this essay adopted several research methods including document research,comparative analysis,specific normative analysis,and combination of theory and practice in order to analyze systems on environmental liability insurance,compensation fund for environmental pollution damages,special deposits in advance(sinking fund),etc..The analysis aims to help build a diversified socialized relief system which is suitable for China to solve environmental infringement.展开更多
With the development of Intemet technology, various kinds of network link show up, from common links to deep links, from the web to mobile client. Many platforms named the deep links banner aggregation service emerged...With the development of Intemet technology, various kinds of network link show up, from common links to deep links, from the web to mobile client. Many platforms named the deep links banner aggregation service emerged gradually. The deep linking has brought convenience to the public and also caused a lot of copyright infringement problems. This paper expounds the identification of infringement of the deep linking information transmission on internet and the identification of infringement of the right of reproduction, furthermore analyzing three kinds of applicable standards to determine interact information transmission behavior. Finally, we should gradually get rid of the dependence on server standard applicable, auxiliary for the substantive alternative standard, and gradually complete the substantive alternative standard.展开更多
The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Pr... The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.……展开更多
Short video platforms face increasingly severe copyright infringement issues in the context of algorithmic recommendations.With the widespread application of algorithmic recommendation technology,platforms have gradua...Short video platforms face increasingly severe copyright infringement issues in the context of algorithmic recommendations.With the widespread application of algorithmic recommendation technology,platforms have gradually evolved from passive neutral intermediaries to active content managers,thereby intensifying the complexity of liability for infringements.Algorithmic recommendations are based on user behavior data and prioritize content with high engagement,often including unauthorized works,which leads to the spread of infringing content.This“pseudo-neutrality”strengthens the platform’s dominant role in content dissemination,making the traditional“safe harbor”principle difficult to apply.By analyzing relevant legal practices,this paper proposes improvements to the platform responsibility identification mechanism and suggestions for enhancing content review and compliance systems,in order to ensure that platforms,while enhancing user experience,effectively fulfill their copyright protection obligations.展开更多
Advertising avoidance is resistance to advertising intrusion.This issue has been the subject of much academic research in recent years.To guide scholars to better carry out relevant research and promote enterprises to...Advertising avoidance is resistance to advertising intrusion.This issue has been the subject of much academic research in recent years.To guide scholars to better carry out relevant research and promote enterprises to better implement advertising activities,this study intends to summarize the relevant research on advertising avoidance in recent years.The specific method is to use the core literature meta-analysis method to identify,filter,and screen relevant literature published in core journals from 1997 to 2020 with the keywords advertising avoidance and advertising resistance.We review the collected articles from the following perspectives:the definition and classification,external stimulating factors,internal perception factors,and moderating factors of advertising avoidance.On this basis,the SOMR model of advertising avoidance is constructed according to the SOR model.Finally,some prospects for future related research are presented.展开更多
The“notice-necessary measures”rule began with the“notice-and-takedown”rule,which originated from the United States safe harbors rule,established to limit the liability of Internet Service Providers(ISPs)for helpin...The“notice-necessary measures”rule began with the“notice-and-takedown”rule,which originated from the United States safe harbors rule,established to limit the liability of Internet Service Providers(ISPs)for helping infringement in network infringement.China’s Tort Liability Law and Civil Code amended the“notice-and-takedown”rule so that when the right holder sends an effective notice of infringement to the ISP,the ISP shall take necessary measures more than removal to be exempted from liability.This article will discuss the transformation of the rule and types of necessary measures,and reconstruct the relationship between effectiveness of notice and types of necessary measures.展开更多
Famous Chinese film director Chen Kaige has made a big comeback with the release of his visually breathtaking movie The Promise, a $44 million mythological epic said to be the most expensive film in the history of Chi...Famous Chinese film director Chen Kaige has made a big comeback with the release of his visually breathtaking movie The Promise, a $44 million mythological epic said to be the most expensive film in the history of Chinese cinema. As with every project Chen is involved in, the film has drawn extensive attention before and after its screening. Having been given a Golden Globe nomination for展开更多
Text-to-video artificial intelligence(AI)is a new product that has arisen from the continuous development of digital technology over recent years.The emergence of various text-to-video AI models,including Sora,is driv...Text-to-video artificial intelligence(AI)is a new product that has arisen from the continuous development of digital technology over recent years.The emergence of various text-to-video AI models,including Sora,is driving the proliferation of content generated through concrete imagery.However,the content generated by text-to-video AI raises significant issues such as unclear work identification,ambiguous copyright ownership,and widespread copyright infringement.These issues can hinder the development of text-to-video AI in the creative fields and impede the prosperity of China’s social and cultural arts.Therefore,this paper proposes three recommendations within a legal framework:(a)categorizing the content generated by text-to-video AI as audiovisual works;(b)clarifying the copyright ownership model for text-to-video AI works;(c)reasonably delineating the responsibilities of the parties who are involved in the text-to-video AI works.The aim is to mitigate the copyright risks associated with content generated by text-to-video AI and to promote the healthy development of text-to-video AI in the creative fields.展开更多
In November 2020,the third amendment of the Copyright Law of the People’s Republic of China was completed and officially implemented in June 2021,which is undoubtedly of great significance to Chinese citizens with a ...In November 2020,the third amendment of the Copyright Law of the People’s Republic of China was completed and officially implemented in June 2021,which is undoubtedly of great significance to Chinese citizens with a growing awareness of copyright.This has also triggered our thinking about the impact of Copyright Law on digital copyright.Through the analysis of the cases after the amendment of the Copyright Law,we find that to a certain extent,the Copyright Law has played a great role in the protection of digital copyright,but it is still unable to achieve comprehensive protection,and there are still some imperfections.From this point of view,the simple legal protection of digital copyright cannot be taken into account.It still needs to be combined with technical protection means,cooperate with social conditions,and work together to create a harmonious and healthy online publishing environment and promote the protection of digital copyright.展开更多
For safe development of underground space and especially in areas of geological infringements it is necessary to creat effective system of tracking, forecasting and management for deforming processes in such areas-sys...For safe development of underground space and especially in areas of geological infringements it is necessary to creat effective system of tracking, forecasting and management for deforming processes in such areas-system of geomechanical monitoring. Besides it is necessary to study and imagine the internal mechanism of deforming processes in such special zones. In the paper some basic aspects of creation of geomechanical monitoring systems for realization of supervision, study and modelling of deforming processes, for modelling and study of the stress-strain state of massif in areas of large-scale underground mining works in view of a block-hierarchical structure of rock’s massive (presence of geological infringements) are considered. In particular such important tasks, as research of deforming processes in areas of geological infringements with the help of GPS-technologies and use of the received results for the modeling; construction of models adequately describing a condition of rock’s massive in area of geological infringement. Some results of researches on study of cavities influence on occurrence of an area of limiting conditions in region of geological infringement and possible shift along infringement are submitted.展开更多
In the contemporary world, digital content that is subject to copyright is facing significant challenges against the act of copyright infringement.Billions of dollars are lost annually because of this illegal act. The...In the contemporary world, digital content that is subject to copyright is facing significant challenges against the act of copyright infringement.Billions of dollars are lost annually because of this illegal act. The currentmost effective trend to tackle this problem is believed to be blocking thosewebsites, particularly through affiliated government bodies. To do so, aneffective detection mechanism is a necessary first step. Some researchers haveused various approaches to analyze the possible common features of suspectedpiracy websites. For instance, most of these websites serve online advertisement, which is considered as their main source of revenue. In addition, theseadvertisements have some common attributes that make them unique ascompared to advertisements posted on normal or legitimate websites. Theyusually encompass keywords such as click-words (words that redirect to installmalicious software) and frequently used words in illegal gambling, illegal sexual acts, and so on. This makes them ideal to be used as one of the key featuresin the process of successfully detecting websites involved in the act of copyrightinfringement. Research has been conducted to identify advertisements servedon suspected piracy websites. However, these studies use a static approachthat relies mainly on manual scanning for the aforementioned keywords. Thisbrings with it some limitations, particularly in coping with the dynamic andever-changing behavior of advertisements posted on these websites. Therefore,we propose a technique that can continuously fine-tune itself and is intelligentenough to effectively identify advertisement (Ad) banners extracted fromsuspected piracy websites. We have done this by leveraging the power ofmachine learning algorithms, particularly the support vector machine with theword2vec word-embedding model. After applying the proposed technique to1015 Ad banners collected from 98 suspected piracy websites and 90 normal orlegitimate websites, we were able to successfully identify Ad banners extractedfrom suspected piracy websites with an accuracy of 97%. We present thistechnique with the hope that it will be a useful tool for various effective piracywebsite detection approaches. To our knowledge, this is the first approachthat uses machine learning to identify Ad banners served on suspected piracywebsites.展开更多
There are several methods and technologies for comparing the statements, comments, strings, identifiers, and other visible elements of source code in order to efficiently identify similarity. In a prior paper we found...There are several methods and technologies for comparing the statements, comments, strings, identifiers, and other visible elements of source code in order to efficiently identify similarity. In a prior paper we found that comparing the whitespace patterns was not precise enough to identify copying by itself. However, several possible methods for improving the precision of a whitespace pattern comparison were presented, the most promising of which was an examination of the sequences of lines with matching whitespace patterns. This paper demonstrates a method of evaluating the sequences of matching whitespace patterns and a detailed study of the method’s reliability.展开更多
For years, rumors have circulated that the code for the original DOS operating system created by Microsoft for the IBM personal computer is actually copied from the CP/M operating system developed by Digital Research ...For years, rumors have circulated that the code for the original DOS operating system created by Microsoft for the IBM personal computer is actually copied from the CP/M operating system developed by Digital Research Incorporated. In this paper, scientifically tested and accepted forensic analysis mathematical techniques, step-by-step processes, and advanced software code comparison tools are used to compare early versions of the two code bases. The conclusion is reached that no copying of code takes place1.展开更多
In a previous paper [1], I compared DOS from Microsoft and CP/M from Digital Research Inc. (DRI) to determine whether the original DOS source code had been copied from CP/M source code as had been rumored for many yea...In a previous paper [1], I compared DOS from Microsoft and CP/M from Digital Research Inc. (DRI) to determine whether the original DOS source code had been copied from CP/M source code as had been rumored for many years [2] [3]. At the time, the source code for CP/M was publicly available but the source code for DOS was not. My comparison was limited to the comparison of the DOS 1.11 binary code and the source code for CP/M 2.0 from 1981. Since that time, the Computer History Museum in Mountain View, California received the source code for DOS 2.0 from Microsoft and was given permission to make it public. The museum also received the source code for DOS 1.1 from Tim Paterson, the developer who was originally contracted by Microsoft to write DOS. In this paper, I perform a further analysis using the newly accessible source code and determine that no code was copied. I further conclude that the commands were not copied but that a substantial number of the system calls were copied.展开更多
文摘Co-branding,as an innovative consumer model,is increasingly favored by“Generation Z”consumers and has become a preferred strategy for many brands to expand their market reach and achieve widespread recognition.However,with the rapid growth of the co-branding economy,trademark infringement issues related to co-branded products have become more prevalent,posing significant obstacles to the successful execution of co-branding marketing activities.Based on the different legal statuses of trademarks,this study systematically analyzes the various infringement risks that may arise in the use of trademarks within co-branding practices and explores corresponding risk prevention measures.The objective is to provide strong support for the healthy and sustainable development of the co-branding economy.
基金山东省社会科学规划研究项目"山东省自主创新体系建设中的知识产权法律保障机制研究"(批准号12CFJ04)的研究成果山东师范大学优秀青年骨干教师国际合作培养计划(英文名称为:Excellent Young Scholars Research Fund of Shandong Normal University)经费资助
文摘Nowadays,facing severe environmental threats and frequent pollution accidents,China is forced to pay more attention to how to relieve the damages caused by environmental infringement in a timely and effective way during the subsequent treatment.Since environmental damages nowadays are indirect,latent,and complicated,the traditional civil remedy by individuals is no longer an ideal solution to the problem.Therefore,a new system is required to protect the legal rights and interests of the injured party.Under the title of"Analysis on Diversified Socialized Relief System to Solve Environmental Infringement",this essay adopted several research methods including document research,comparative analysis,specific normative analysis,and combination of theory and practice in order to analyze systems on environmental liability insurance,compensation fund for environmental pollution damages,special deposits in advance(sinking fund),etc..The analysis aims to help build a diversified socialized relief system which is suitable for China to solve environmental infringement.
文摘With the development of Intemet technology, various kinds of network link show up, from common links to deep links, from the web to mobile client. Many platforms named the deep links banner aggregation service emerged gradually. The deep linking has brought convenience to the public and also caused a lot of copyright infringement problems. This paper expounds the identification of infringement of the deep linking information transmission on internet and the identification of infringement of the right of reproduction, furthermore analyzing three kinds of applicable standards to determine interact information transmission behavior. Finally, we should gradually get rid of the dependence on server standard applicable, auxiliary for the substantive alternative standard, and gradually complete the substantive alternative standard.
文摘 The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.……
文摘Short video platforms face increasingly severe copyright infringement issues in the context of algorithmic recommendations.With the widespread application of algorithmic recommendation technology,platforms have gradually evolved from passive neutral intermediaries to active content managers,thereby intensifying the complexity of liability for infringements.Algorithmic recommendations are based on user behavior data and prioritize content with high engagement,often including unauthorized works,which leads to the spread of infringing content.This“pseudo-neutrality”strengthens the platform’s dominant role in content dissemination,making the traditional“safe harbor”principle difficult to apply.By analyzing relevant legal practices,this paper proposes improvements to the platform responsibility identification mechanism and suggestions for enhancing content review and compliance systems,in order to ensure that platforms,while enhancing user experience,effectively fulfill their copyright protection obligations.
文摘Advertising avoidance is resistance to advertising intrusion.This issue has been the subject of much academic research in recent years.To guide scholars to better carry out relevant research and promote enterprises to better implement advertising activities,this study intends to summarize the relevant research on advertising avoidance in recent years.The specific method is to use the core literature meta-analysis method to identify,filter,and screen relevant literature published in core journals from 1997 to 2020 with the keywords advertising avoidance and advertising resistance.We review the collected articles from the following perspectives:the definition and classification,external stimulating factors,internal perception factors,and moderating factors of advertising avoidance.On this basis,the SOMR model of advertising avoidance is constructed according to the SOR model.Finally,some prospects for future related research are presented.
文摘The“notice-necessary measures”rule began with the“notice-and-takedown”rule,which originated from the United States safe harbors rule,established to limit the liability of Internet Service Providers(ISPs)for helping infringement in network infringement.China’s Tort Liability Law and Civil Code amended the“notice-and-takedown”rule so that when the right holder sends an effective notice of infringement to the ISP,the ISP shall take necessary measures more than removal to be exempted from liability.This article will discuss the transformation of the rule and types of necessary measures,and reconstruct the relationship between effectiveness of notice and types of necessary measures.
文摘Famous Chinese film director Chen Kaige has made a big comeback with the release of his visually breathtaking movie The Promise, a $44 million mythological epic said to be the most expensive film in the history of Chinese cinema. As with every project Chen is involved in, the film has drawn extensive attention before and after its screening. Having been given a Golden Globe nomination for
基金This research is supported by“Research on Legal Issues Caused by Sora from the Perspective of Copyright Law”(YK20240094)of the Xihua University Science and Technology Innovation Competition Project for Postgraduate Students(cultivation project).
文摘Text-to-video artificial intelligence(AI)is a new product that has arisen from the continuous development of digital technology over recent years.The emergence of various text-to-video AI models,including Sora,is driving the proliferation of content generated through concrete imagery.However,the content generated by text-to-video AI raises significant issues such as unclear work identification,ambiguous copyright ownership,and widespread copyright infringement.These issues can hinder the development of text-to-video AI in the creative fields and impede the prosperity of China’s social and cultural arts.Therefore,this paper proposes three recommendations within a legal framework:(a)categorizing the content generated by text-to-video AI as audiovisual works;(b)clarifying the copyright ownership model for text-to-video AI works;(c)reasonably delineating the responsibilities of the parties who are involved in the text-to-video AI works.The aim is to mitigate the copyright risks associated with content generated by text-to-video AI and to promote the healthy development of text-to-video AI in the creative fields.
文摘In November 2020,the third amendment of the Copyright Law of the People’s Republic of China was completed and officially implemented in June 2021,which is undoubtedly of great significance to Chinese citizens with a growing awareness of copyright.This has also triggered our thinking about the impact of Copyright Law on digital copyright.Through the analysis of the cases after the amendment of the Copyright Law,we find that to a certain extent,the Copyright Law has played a great role in the protection of digital copyright,but it is still unable to achieve comprehensive protection,and there are still some imperfections.From this point of view,the simple legal protection of digital copyright cannot be taken into account.It still needs to be combined with technical protection means,cooperate with social conditions,and work together to create a harmonious and healthy online publishing environment and promote the protection of digital copyright.
文摘For safe development of underground space and especially in areas of geological infringements it is necessary to creat effective system of tracking, forecasting and management for deforming processes in such areas-system of geomechanical monitoring. Besides it is necessary to study and imagine the internal mechanism of deforming processes in such special zones. In the paper some basic aspects of creation of geomechanical monitoring systems for realization of supervision, study and modelling of deforming processes, for modelling and study of the stress-strain state of massif in areas of large-scale underground mining works in view of a block-hierarchical structure of rock’s massive (presence of geological infringements) are considered. In particular such important tasks, as research of deforming processes in areas of geological infringements with the help of GPS-technologies and use of the received results for the modeling; construction of models adequately describing a condition of rock’s massive in area of geological infringement. Some results of researches on study of cavities influence on occurrence of an area of limiting conditions in region of geological infringement and possible shift along infringement are submitted.
基金This research project was supported by the Ministry of Culture,Sports,and Tourism(MCST)and the Korea Copyright Commission in 2021(2019-PF-9500).
文摘In the contemporary world, digital content that is subject to copyright is facing significant challenges against the act of copyright infringement.Billions of dollars are lost annually because of this illegal act. The currentmost effective trend to tackle this problem is believed to be blocking thosewebsites, particularly through affiliated government bodies. To do so, aneffective detection mechanism is a necessary first step. Some researchers haveused various approaches to analyze the possible common features of suspectedpiracy websites. For instance, most of these websites serve online advertisement, which is considered as their main source of revenue. In addition, theseadvertisements have some common attributes that make them unique ascompared to advertisements posted on normal or legitimate websites. Theyusually encompass keywords such as click-words (words that redirect to installmalicious software) and frequently used words in illegal gambling, illegal sexual acts, and so on. This makes them ideal to be used as one of the key featuresin the process of successfully detecting websites involved in the act of copyrightinfringement. Research has been conducted to identify advertisements servedon suspected piracy websites. However, these studies use a static approachthat relies mainly on manual scanning for the aforementioned keywords. Thisbrings with it some limitations, particularly in coping with the dynamic andever-changing behavior of advertisements posted on these websites. Therefore,we propose a technique that can continuously fine-tune itself and is intelligentenough to effectively identify advertisement (Ad) banners extracted fromsuspected piracy websites. We have done this by leveraging the power ofmachine learning algorithms, particularly the support vector machine with theword2vec word-embedding model. After applying the proposed technique to1015 Ad banners collected from 98 suspected piracy websites and 90 normal orlegitimate websites, we were able to successfully identify Ad banners extractedfrom suspected piracy websites with an accuracy of 97%. We present thistechnique with the hope that it will be a useful tool for various effective piracywebsite detection approaches. To our knowledge, this is the first approachthat uses machine learning to identify Ad banners served on suspected piracywebsites.
文摘There are several methods and technologies for comparing the statements, comments, strings, identifiers, and other visible elements of source code in order to efficiently identify similarity. In a prior paper we found that comparing the whitespace patterns was not precise enough to identify copying by itself. However, several possible methods for improving the precision of a whitespace pattern comparison were presented, the most promising of which was an examination of the sequences of lines with matching whitespace patterns. This paper demonstrates a method of evaluating the sequences of matching whitespace patterns and a detailed study of the method’s reliability.
文摘For years, rumors have circulated that the code for the original DOS operating system created by Microsoft for the IBM personal computer is actually copied from the CP/M operating system developed by Digital Research Incorporated. In this paper, scientifically tested and accepted forensic analysis mathematical techniques, step-by-step processes, and advanced software code comparison tools are used to compare early versions of the two code bases. The conclusion is reached that no copying of code takes place1.
文摘In a previous paper [1], I compared DOS from Microsoft and CP/M from Digital Research Inc. (DRI) to determine whether the original DOS source code had been copied from CP/M source code as had been rumored for many years [2] [3]. At the time, the source code for CP/M was publicly available but the source code for DOS was not. My comparison was limited to the comparison of the DOS 1.11 binary code and the source code for CP/M 2.0 from 1981. Since that time, the Computer History Museum in Mountain View, California received the source code for DOS 2.0 from Microsoft and was given permission to make it public. The museum also received the source code for DOS 1.1 from Tim Paterson, the developer who was originally contracted by Microsoft to write DOS. In this paper, I perform a further analysis using the newly accessible source code and determine that no code was copied. I further conclude that the commands were not copied but that a substantial number of the system calls were copied.
