Why the illegal broadcasting industry chain has not been banned repeatedly?

category:Internet
 Why the illegal broadcasting industry chain has not been banned repeatedly?


According to a survey conducted by shell finance reporter of Beijing News, there are various channels for the leakage of sample films in the film and TV drama industry, including technology cracking, cloud disk leakage, and later stage leakage. Once the copyright video is leaked, it will be quickly forwarded and disseminated. Some are advertised as gambling advertisements for free viewing on the pirated broadcasting platform, while others are directly stolen by broadcasters through social platforms, forums and e-commerce The platform is used to conduct drainage and sale, thus forming an industry chain of stealing film source in the upstream, playing code and spreading in the middle reaches, and increasing the price in the downstream.

Steal broadcast behavior to film side and regular video platform quite headache. Lin Li (pseudonym), who is engaged in film and TV drama related industries, told shell finance and economics reporter that at present, the only effective means is to crack down on illegal broadcasting through platform by means of keyword screening and off shelf commodities. However, there are a large number of illegal broadcasting, and both buyers and sellers are ordinary people and spontaneous communication, which makes it more difficult to crack down.

The operators or individuals who directly provide the infringing content of popular movies and TV plays shall bear direct tort liability. If the operators of e-commerce platform know or should know, they shall also bear joint and several liability for joint infringement. For obviously malicious infringement, the copyright owner can not only claim punitive damages, but also apply to the court for immediate injunction measures, and report the case to the public security department to investigate its criminal responsibility. Xiong Wencong, an associate professor at the Law School of the Central University for nationalities, told shell financial reporters.

Thirty just was stolen by the Internet, with prices ranging from 0.5 yuan to 3 yuan, and even some free gifts

Netizen Xiao Liu is a loyal audience of the hit drama just 30. In order to watch the finale early, she bought VIP members of Tencent video, and spent an extra 6 yuan to buy 42 and 43 episodes of advanced spot shows.

Even VIP members can only see episode 41. Although the plot of the finale has been spread out on Weibo, I still want to see what it is like. One episode of Tencent video is 3 yuan ahead of time, so I bought two episodes. But when I finished watching the ending and sharing it with my best friend, she told me that she had read the complete collection without buying members and sent me an online disk link On August 7, Xiao Liu told shell financial reporters.

The reporter opened the Internet disk link provided by Xiao Liu and found that there were indeed all 43 episodes of thirty just 720p and some 1080p video resources. The difference is that when you click and show thirty just through regular channels, there is a Tencent video logo in the upper right corner, while there is no Tencent video logo in the upper right corner of the video resources provided by Xiao Liu. Instead, it is the logo of a website.

Xiao Liu said that the online disk link was purchased by her best friend on an e-commerce platform for 1 yuan. According to the clues provided by her, shell financial reporter searched the platform and found that the resource had been off the shelves, and the commodity links related to the thirty just resources had been offline.

However, the reporter found that many sellers evaded the supervision of e-commerce platforms by changing keywords, such as selling posters and clothes, and were still selling pirated video resources. The reporter points into a business that sells 30 just posters for 2 yuan and finds that it sells posters on the surface, but in fact it still sells links to video resources.

The seller of an e-commerce platform sells thirty just resources.

Not only e-commerce platforms, but some netizens said that there would also be advertisements for selling resources on social platforms and film review and discussion areas. The advertising slogan would be HD resources plus wechat XXX, and letters or homonyms would be used instead of movie names to avoid auditing. Although such comments may attract buyers, they are often criticized and even reported. In the past, when the movie wandering the earth was hot, the reporter was on the Bili Bili

The video comment area called wandering earth broadcast overseas has received favorable comments from foreign netizens. It was found that after some people released the drainage advertisement, some netizens commented that they publicized piracy and reported it.. Some netizens said that similar advertising brothers have been seen in some film review areas and hot microblog reviews of just 30, but with the severe crackdown on microblogs, such advertising comments have decreased significantly compared with the past.

Shell financial reporter found that the price of thirty resources on the e-commerce platform is extremely low. Between 0.5 yuan and 3 yuan, the reporter randomly purchased the video resources provided by two sellers. It was found that the logo in the video resource was consistent with that of the video resource provided by Xiao Liu, which may indicate that the same batch of resources are being reselled by different sellers.

The cheapest resources that journalists have access to are even free. A seller said that all the resources they provided were free of charge, so long as wechat was added. After adding the other partys wechat, the reporter found that the other party was a wechat business, attracting customers in the circle of friends and selling womens clothes by giving free resources.

How did steal broadcast resources plummet from $3 to $0.5 or even free? Lin Li told reporters that on the Internet, once the copyright video is leaked, it will be quickly forwarded and spread. As long as the resources are downloaded, it does not cost any to change hands again. Therefore, once the resources are leaked, they will eventually become the booty feast for the collective Carnival of the pirates, and the price will drop rapidly.

Some netizens claimed that before the on-demand broadcast, some clips that had not yet been broadcast had been circulated and even sold on major platforms. Most of the clips were still marked with the watermark of sample film for approval. However, these clips have been replaced by more high-definition versions.

On August 4, the person in charge of the drama publicity of Ningmeng film, the producer of thirty just, said in response to the media that the company had collected evidence after the sample film was leaked, and called the police in Beijing and Shanghai at the first time, and is now waiting for police investigation.

There are pirated film film library and gambling website cooperation, sell barrage advertising profit

The shell financial reporter of Beijing News contacted several bootlegged film sellers and found that many peoples film source came from the film library website. Some sellers told reporters that if they bought more films, they could directly send them to the reporters film library website, what they want to see can be downloaded by themselves, and the seller indicated recruiting agents. However, after consulting, the reporter found that the source of the pirated films was mostly in a certain one From the library.

If we hire an agent and pay a fee of 188 yuan, we can get the resource number and reliable website, and get all the updated resources free of charge. You can watch any movie you want from it. Previously, the seller of HD film resources Xiaokang (alias) once told shell financial reporters.

However, after downloading film resources from the so-called film library of the above-mentioned different sellers, shell financial reporters found that these high-definition videos always float through the advertising barrage of a gambling website from time to time.

The video resources of Mr. Miao can be viewed in a movie library website, and the advertisement of gambling website is printed on it.

On August 8, the reporter found two film libraries by searching the addresses provided by different sellers and watermark addresses in pirated films. Both film libraries are completely free. One of the libraries contains a lot of film and television drama content with copyright protection, including the film thirty just which has not been broadcast yet, the film Mr. Miao released on July 31 and the film released on August 7 During the broadcast, the reporter found that during the viewing process, there would always be advertisement bullet screen of a gambling website, and the film library website itself also had an advertising pop-up window of a gambling app.

Lin Li said that it has become the only way for gambling websites to grab traffic by playing gambling advertisements after obtaining pirated broadcast film resources for free viewing, and taking advantage of the opportunity to spread advertisements among the remaining pirates.

In addition to the film library website, the reporter also found many cracked versions of video apps. The content is similar to that of the film library website, except that the stolen broadcast content is integrated into the app, which is more suitable for mobile viewing, and the film content also has advertising barrage of gambling websites.

According to an article published by the Internet law research center of Guanghua Law School of Zhejiang University, the black industry chain of copyright video has formed a professional and corporatized operation mode, and has the crime method of anti investigation. For example, the leaked episode of Yanxi strategy was put on the Vietnamese website zingtv. Criminals evaded the punishment of Chinas law by setting up servers abroad or using foreign websites.

Video app cracked version.

How can the upstream personnel of the steal broadcast industry chain get the full page film source?

Zhao Hu, a partner of Beijing Zhongwen law firm, told shell financial reporters that the source of the film leakage is complicated. Because a film has to go through several steps from being made to being released. In addition to the production, there are also relevant departments, cinemas and distributors of the country. There are many people who handle the film. Any place you handle can be the source.

Lin Li said that the special effects company and dubbing company in charge of the later stage, as well as the overseas parties when they went overseas for distribution, and even inside the film maker, may be the leaker. For example, in the pirated version of some films, we can clearly see the actor hanging on his back, which may be from the post production company; some of the pirated versions have the words for approval, which may be the leakage of the trial process; and the pirated versions of the films are extremely clear and have no watermark, which may be the internal leakage of the film maker.

In addition, after the film and TV series are shown on the Internet, they are cracked by hackers through technical means, which is also one of the channels of leakage. As long as you put the film on the Internet, there is almost no means to completely defend against hackers. Lin Li said.

In addition, according to the articles published in the puffer fish film and television archives, in the film and television production process, the staff usually carry the mother belt through hard disk; in the distribution process, domestic distributors generally transmit to the broadcasting platform through the hard disk, while in overseas distribution, due to the high cost of hard disk transmission, the publisher will adopt the mode of offline hard disk carrying + online cloud disk transmission. In contrast, it is easier to leak through cloud disk.

Gao Yandong, director of the Internet law research center of Guanghua Law School of Zhejiang University, publicly said that the leakage of film and television works has exposed certain problems in the protection of intellectual property rights in cyberspace in China, and also reflects that the black industry chain of copyright video in China has been increasingly fierce. Some illegal elements use the characteristics of the Internet, such as low cost and fast speed, wantonly analyze and disseminate copyright video, forming a relatively complete industrial chain. In this industry chain, the upstream is responsible for stealing the film source, obtaining the original video by illegal means or downloading and parsing encrypted video from the website by using hacker technology; the midstream is responsible for secondary processing and uploading copyright video. They first add advertising information involving pornography, gambling and drugs into the copyright video, and then upload the processed video to a large number of three noes small websites or apps; the downstream is responsible for secondary processing and uploading copyright video People are responsible for communication and sales, that is, they sell video links to the audience through wechat groups, microblogs and other channels to make profits.

What is the difficulty in cracking down on illegal broadcasting?

As for pirated broadcasting, the State Copyright Administration has previously issued a statement saying that it will crack down on network infringement and piracy, protect excellent domestic films, and hand over serious infringement and piracy elements to public security departments and take criminal measures to crack down on them. However, in the view of many experts and scholars, it is still difficult to crack down on illegal broadcasting.

In Gao Yandongs view, civil liability for compensation is difficult to effectively curb the illegal broadcasting. According to Chinas civil law, video websites need to prove the amount of loss caused by illegal broadcasting or verify the profit amount of the illegal broadcaster, but it is difficult to obtain evidence. If the copyright owner is unable to prove the amount of loss, then according to the statutory compensation, the maximum amount of compensation can be 500000 yuan. This has nothing to do with the lucrative black industry and will not affect its actual interests.

Before that, wandering earth was pirated one day after it was broadcast. The film producer Gong Ge once told the media that the staff of wandering earth did not have time to celebrate the rise of box office, but devoted almost all their energy to complaints and blocking piracy. Anti piracy links have been reported and blocked, but due to technical reasons, some blocks are fast and some need one Some time.

Lin Li said that the fight against piracy requires cooperation from all sides. For example, wechat will collect pirated links from netizens online, baidu disk will delete resources, and illegal sellers goods in e-commerce platforms will also be taken off the shelves. However, pirates will often change their commodity names, or suppress the film into various versions. In addition, different advertisements will transform them into different film sources, which will increase the crackdown Difficulty.

Zhao Hu, a partner of Beijing Zhongwen law firm, said that cracking down on piracy involves two aspects: first and second. In advance, the state organs that have access to the film shall manage the staff well, and the film producers and project parties shall sign confidentiality agreements to prevent leakage. After the event, regardless of infringement or crime, we should use legal weapons to actively safeguard rights and let pirates pay the corresponding price. It would be better if we could find the corresponding source.

According to the copyright law of China, it is not allowed to use other peoples works by means of illegal broadcasting without authorization. In addition, if the circumstances are serious, it will constitute the crime of infringing copyright. That is to say, if the illegal income is relatively large, or if there are other serious circumstances, it may constitute a crime of infringing copyright and may be sentenced to fixed-term imprisonment of not more than three years. If it is particularly serious, it may be more than three years and not more than seven years. Zhao Hu said.

In terms of the platforms dissemination of pirated films, Xiong Wencong said that the operators or individuals who directly provide the infringing content of popular movies and TV plays should bear direct tort liability. If the e-commerce platform operators know or should know, they should also bear joint and several liability for joint infringement. For obvious malicious infringement, copyright owners can not only claim punitive damages, but also apply to the court to take immediate injunction measures, and report the case to the public security department to investigate their criminal responsibility.

Gao Yandong suggests that criminal means should be used to prevent the wanton spread of infringing videos. On the Internet, once the copyright videos are leaked, they will be quickly forwarded and spread, and become a feast for collective carnival. However, the cost of prosecuting a large number of ordinary communicators through civil litigation is too high. However, if, according to the conviction standard of the crime of infringing on intellectual property rights, the disseminator can be convicted if the amount of illegal business is more than 50000 yuan or the actual number of hits reaches more than 50000 times. This will greatly improve the Internet users awareness of intellectual property protection, and form the concept of piracy needs to be careful, there is a risk of transmission, and then it will be treated like a violation The same is true of criminal information.

As for illegal broadcasting, Deng Hongguang, a professor of intellectual property at Southwest University of political science and law, told shell financial reporter of Beijing news that the nature of stealing broadcast is to pursue personal interests. As long as there are enough interests to drive, and the risk of such behavior is less than the income, it is difficult to eliminate this kind of behavior fundamentally. If we talk about prevention, first of all, we should really realize strict law enforcement and investigation of illegal activities, so as to reduce the psychological expectation of the illegal broadcasters; secondly, we should increase the supervision obligation of the platform and require the platform to provide relevant infringement information.

Source: responsible editor of Beijing News: Han Yibing_ NT3945