How to find the infringer in network infringement

Although network infringement is easy to implement, victims have corresponding ways to safeguard their legitimate rights and interests. If the infringer does not stop the infringing act, he may bring a lawsuit to the people's court. First, how to protect the rights of network infringement 1. Contact network users and ask them to delete network infringement information. Naturally, first of all, the network users initiated the network infringement, and there is no doubt that they are the subjects who should bear the tort liability. When encountering network infringement, the first step is to directly negotiate with the network users who publish information and ask them to delete the information, so as to prevent the further spread of bad information and safeguard their legitimate rights and interests. In network infringement, network users often need a user name to publish information, so the infringed can leave a message on the network to inform them of the seriousness of the situation. In China's legal system, improper release of network information requires civil liability, administrative liability and even criminal liability. China's General Principles of Civil Law, Tort Liability Law and Judicial Interpretation of Information Network Infringement stipulate the infringer's civil responsibilities such as apology, restoration of reputation and compensation for losses. At the same time, according to Article 42 of the Law on Public Security Administration Punishment, the infringer may have to bear a fine or even detention. If it complies with Article 246 of the Criminal Law and the judicial interpretation of Information internet libel, if criminal proceedings are initiated, the infringer may even be sentenced to three years' imprisonment. The law is no joke. Inform network users of the possible responsibilities of the infringer, and the infringer can delete the information and eliminate the bad information from the root. 2. Notify the network service provider and urge it to take necessary measures. The online real-name registration system has not yet been implemented. Without knowing the true identity of the other party, the other party has nothing to hide. However, the victims whose rights and interests have been violated need not worry about it. When they can't contact network users or ignore them at all, victims can contact network service providers, inform them of relevant information, and urge them to take necessary measures to prevent the spread of inappropriate information. Paragraph 2 of Article 36 of China's Tort Liability Law stipulates: "If a network user uses a network service to commit an infringement, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, blocking and disconnecting the link. If the network service provider fails to take necessary measures in time after receiving the notice, it shall be jointly and severally liable with the network users for the expanded part of the damage. " The third paragraph stipulates: "If a network service provider knows that a network user uses its network service to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall be jointly and severally liable with the network user." Therefore, the infringed can contact the Internet service provider to take necessary measures. At the same time, the infringer should inform in an appropriate way and keep the evidence. Article 5 of the Judicial Interpretation of Information Network Infringement stipulates that the notice can only be recognized as valid by the people's court if it meets the relevant conditions. First of all, the infringer needs to notify the network service provider in writing or through the publicity of the network service provider. Secondly, the notice should include three contents. First, the name and contact information of the notifier; The second is the network address that needs to take necessary measures or the relevant information that is enough to accurately locate the infringing content; Third, the reason why the notifier asked to delete the relevant information. If the notice issued by the infringer does not meet the above conditions and the network service provider claims to be exempted from liability, the people's court shall support it. It is natural to bring a lawsuit to the court and ask the court to take compulsory measures. Network users and network service providers can take timely measures to prevent further expansion of the infringed behavior. However, this is only an ideal state. In the case that both netizens and network service providers do not cooperate, the infringed can bring a lawsuit to the court. First of all, in the choice of the court of jurisdiction, according to the provisions of Article 2 of the Judicial Interpretation of Information Network Infringement, it shall be under the jurisdiction of the people's court of the place where the infringement is committed or where the defendant has his domicile. Secondly, in the choice of the defendant, if the loss is only caused by the network user, the network user should be the defendant. In case of any of the circumstances specified in Items (2) and (3) of Article 36 of the Tort Liability Law, the infringed may choose to sue the network user or network service provider. When suing one of the parties separately, you may request to add the other party as a co-defendant or a third party. Third, in terms of the content of the request, the infringed may request the people's court to order the infringer to assume the responsibility of apologizing, eliminating the influence or restoring his reputation. If the infringer refuses to perform, the people's court may take reasonable measures such as publishing an announcement on the Internet and publishing judgment documents, and the expenses arising therefrom shall be borne by the infringer. If property damage or serious mental damage is caused, the infringed may request him to bear the liability for compensation according to the provisions of Articles 20 and 22 of the Tort Liability Law. Second, how to bear the 1 network tort liability and civil liability, including stopping the harm, eliminating the influence, apologizing, compensating for the losses, etc. 2 administrative responsibility, the copyright administrative department shall order it to stop the infringement, confiscate the illegal income, and impose an administrative fine according to the seriousness of the case. 3, criminal responsibility, according to the provisions of Article 2 17 of the Criminal Law, be punished and fined. 4. Relevant rules. Provisions of the Law on the Protection of Information Network Communication Rights: Article 18 Whoever violates the provisions of this Law and commits one of the following infringements shall bear civil liabilities such as stopping the harm, eliminating the influence, making an apology and compensating for the losses according to the situation; At the same time, if the public interest is harmed, the copyright administrative department may order it to stop the infringement and confiscate the illegal income. If the illegal business amount is more than 50,000 yuan, a fine of more than/kloc-0 and less than 5 times may be imposed. If there is no illegal business amount or the illegal business amount is less than 50 thousand yuan, a fine of less than 250 thousand yuan may be imposed according to the seriousness of the case; If the circumstances are serious, the copyright administrative department may confiscate computers and other equipment mainly used to provide network services; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) providing others' works, performances, audio and video products to the public privately through information networks; (2) Deliberately avoiding or destroying technical measures; (3) Deliberately deleting or changing the electronic information processing right of works, plays and audio-visual products provided to the public through the information network, or providing the deleted or changed works, plays and audio-visual products to the public through the information network without the consent of the copyright owner. According to the law, we can know that victims of network infringement can contact network users, ask them to delete information or notify network service providers, and urge them to take necessary measures.

Legal objectivity:

Article 167 of the Civil Code: If the infringement endangers the personal and property safety of others, the infringed has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger. Article 182 If property losses are caused by infringing upon the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed party or the benefits obtained by the infringer; It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.