An Analysis Of Internet Infringement Case Of Mr.He And An Operating Company

Internet platform has greatly changed people’s way of life and social interaction.With the popularity of network live broadcast and short video platform,many infringement behaviors have occurred in the field of short video platform.There are some differences in law application between cyberspace and traditional physical space.The existing research on network short video platform mainly focuses on the field of intellectual property rights.There are no systematic laws for short video platforms on the Internet,This also leads to some disputes in judicial practice regarding the responsibility of security guarantee obligation of network short video platform.Internet infringement Case of Mr.He and an operating company,it is a typical case of network platform undertaking security guarantee obligation.The three legal issues in the case are: Whether the Mijinghefeng Technology Company has fulfilled the security guarantee obligation;Whether Mijinghefeng Technology Company infringes on users;Whether the Mijinghefeng Technology Company can apply the self-acceptance risk rule to exempt itself from liability.First of all,the nature of network short video platform should be identified as commercial basic public facilities.It shall undertake the obligation of security.Regarding the current review mechanism and review technology of short video platform,The security guarantee obligation of network short video platform is limited to passive review of video content uploaded by users.Users with large comprehensive influence should take the initiative to review and supervise;Secondly,to determine the infringement liability of different online short video platforms,the basic legal relationship between the platform and the anchor should be judged first.Under the operating mode of sharing revenue between platforms and anchors,platforms should assume higher security obligations.Subjectively,if the short video platform knows or should know,the fault liability principle should be applied.The operating company of knows or should know that the content of the video uploaded by the anchor poses a great security risk to itself,Still indulging or even encouraging dangerous live broadcasting and failing to fulfill its security obligations,If there is indirect causality to the damage result,it constitutes Constitutes a certain infringement.It is judged that the comprehensive short video platform operating company should bear 10% of the responsibility.Finally,according to the assumption of risk rule of civil law,high risk activities go beyond "recreational activities with some risk",The company is the organizer of the event,not a participant in the activity,the self-acceptance of risk rule cannot apply.In order to properly solve the infringement disputes of online short video platforms,we should specifically analyze the legal relationship between short video platforms and users.Distinguish the security obligations of different short video platforms,adjust relevant laws and industry standards for short video platforms.