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Shenzhen Market Authority for Nora finds illegal business volume is correct.As for determining the amount of three times the amount of illegal business fines, Shenzhen Market Authority considers appropriate penalty amount, say in determining the magnitude and the amount of specific penalties have been fully considered Nora repeatedly been identified relevant authorities constitute infringement,abercrombie and fitch paris, illegal business turnover tremendous and other factors.Focus 2Can apply the principles of safe haven?Nora believes that its behavior is not infringement, should apply the "safe harbor principles." The so-called "safe haven principle" refers to when the network service provider space services not only make web content, if because of its links to related content, stored alleged infringement, in that it can prove that there was no malice and promptly remove infringing links or When content,nike air max femme, the network service provider is not liable.Nora said its offer search.
Nora's behavior should not apply to the "safe harbor principles."Focus 3There is no damage to the public interest?Nora believes Shenzhen Market Authority for Nora punishment is not entitled to penalties,hollister milano, penalties ultra vires. The reason is that the object of Nora infringement of copyright Tencent and other companies, this is just tort, did not harm the public interest. According to the provisions of Article 48 of the "Copyright Law", only tort damage to the public interest, the administrative departments of administrative enforcement powers can be exercised,hollister abercrombie, therefore,chaussure tn pas cher, have no right to punish Market Authority.Shenzhen Market Authority,moncler pas cher, said that Nora was not only Tencent infringement complaint,barbour femme, and also by the music, as the complaint Youku, Sohu and other influential people or interested person the right to film and television work, and their behavior is not simply infringement certain rights holders interests, but disrupt the cultural product market competition order. Number of Nora infringing websites linked numerous and scattered,abercrombie france, destroyed the legal order of copyright protection. In addition,louboutin soldes, Nora has repeatedly been accused of infringement proceedings,ciondoli tiffany, the State Copyright Bureau has also been subject to administrative penalties and require rectification.
the case involves works mostly hit television works, long duration, quantity of work involved, has not only civil compensation can be solved.In summary, the Shenzhen Municipal Market Authority believes that Nora's behavior identified as detrimental to the public interest is factual and legal basis.Focus 4Whether they are "repeated punishment"?Nora argues, December 27, 2013, the National Copyright Administration violated its right to network dissemination of information LETV a case has been made to administrative penalties. Shenzhen Market Authority was in March 2014 for violations of the right to network dissemination of information regarding Nora once again decided to make a book display is not consistent with the Administrative Law Enforcement "punishment no longer" the provisions of the law,abercrombie pas chere, the punishment should fall invalid.Shenzhen Market Authority believes that the decision on punishment for the National Copyright Administration of Nora related interests as the company's conduct violated the music made by the council works penalties for 24 violations Right to Network Dissemination Nora Tencent made, two penalty decision in question was infringing works completely different, there is no duplication or cross.
links and other tools of the services, whether the infringement was unaware of the link works, there is no subjective fault. After Shenzhen Tencent Computer System Co.,hollister sverige, Ltd. to issue a notice of infringement,abercrombie france, which took the delete action. Therefore, Nora's behavior should be applied "safe harbor principles" should not be subject to administrative penalties.Shenzhen Market Authority believes that Nora has infringed subjective intent, and implemented infringe the right to network dissemination of information behavior. Nora could not authorized by the network from multiple distinct works dedicated to piracy website address and set to play active acquisition chain, through classification, sorting and recommendation are edited, included into Nora's mobile terminal equipped with Yunfan Search the site for users. These facts indicate that Nora obviously subjective intent. In addition, Tencent had January 2, 2014,abercrombie paris, January 26,barbour soldes, February 17 cubic Nora wrote,abercrombie pas cher, affirming the rights and demanded an end to the infringement, but until Shenzhen Market Authority for investigation,outlet peuterey, Nora still continue infringing works based chain,woolrich bambino, ed. Clearly.
the fact of infringement independent, does not belong to the same penalties for repeat violations.PlaybackNora "ticket price"In March this year, the Shenzhen Municipal Market Supervisory Authority received a complaint by checking to determine Nora company found unauthorized spread through the network Tencent already has the right to network dissemination of information.
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