Yesterday's flight flew over the Qinling Mountains, and the overlook was spectacular. The Qinling Mountains are the most important north-south dividing line in China, and there are obvious differences in temperature, climate and topography between the north and south of the Qinling Mountains. Unexpectedly, after the plane landed, it received a message that the fire protection technical specification section of the fire resource network was offline.
*The founder of *Mr. Shi Zhengrong, I and I have known him since 2017, and we respect and support each other. When I called Mr. Shi this morning, his words were filled with helplessness and reluctance.
The fire resource network is free of charge, does not charge any fees, and does not have any advertising services, and the service objects are fire protection technology and practitioners. Among them, the fire protection technical specifications section includes the technical standards and specifications related to the fire protection industry. I check it almost every day, and the day before it went offline, I showed the technical standards in the section to the court. The sudden offline has a great impact on the entire fire-related industry, causing heated discussions.
From a legal point of view, the main aspects of this incident are as follows:
The first is the legal requirement to disclose the technical standards for fire protection
The Standardization Law stipulates that mandatory standard texts shall be open to the public free of charge. The state is to promote the free disclosure of recommended standard texts to the public. The publication and distribution of technical standards are often designated by administrative organs, and the cost of paper books of technical standards is high. The fire resource network standard specification section discloses the technical standards, which neither charges fees nor makes profits.
The second is whether the technical standards for fire protection are protected by the Copyright Law
Most of the formulators of technical standards claim that "technical standards are technical regulations, which have legal effect, and so on". Article 5(1) of the Copyright Law clearly states that this Law does not apply to: laws and regulations, resolutions, decisions, orders and other documents of a legislative, administrative or judicial nature, as well as official translations thereof. Although the administrative department has formulated the notice of relevant documents on the protection of technical standards and copyrights, it does not constitute the right to interpret this legal provision. In practice, there is a general consensus in the industry that national mandatory standards are not protected by the Copyright Law, and there is some controversy over whether the recommended standards are protected by the Copyright Law.
Third, who has the right to claim copyright protection
National standards are divided into mandatory standards and recommended standards, and industry standards and local standards are recommended standards, which are formulated by ** organizations. If there is a copyright, according to the Copyright Law, except as otherwise provided in this Law, the copyright belongs to the author, and the natural person, legal person or unincorporated organization who signs the work is the author, and the corresponding rights exist in the work, unless there is proof to the contrary. Specifically, the publisher, approver, drafter and manager of the fire protection technical standard, which one is the author in the sense of the copyright law?In addition to these people, other publishers such as publishing houses have the right to request that the standard specification section of the fire resource network be taken offline?
Fourth, the risk of legal liability
A person other than the author must have a legitimate right to claim copyright protection. The "Fire Resources Network" has different understandings of whether it constitutes copyright infringement. To constitute an infringement, the conditions and procedures prescribed by law are required. If it is confirmed through legal procedures that no infringement is constituted, the relevant content shall be restored. If the infringement is constituted, Mr. Shi built it out of his own pocket and did not use it for profit and property interests, it is difficult to judge him to bear compensation for economic losses and stop the infringement, but the actual damage is the majority of relevant people in the fire protection industry.
The technical standards for fire protection are niche and often revised, and it is difficult to query, especially for the standards that were formulated early or newly formulated, which are basically not queried. The section that is convenient and beneficial to the people and has universal standards and norms is offline, who is the one who suffers and who is the one who benefits?Self-explanatory. The reason for this is that the fire resource network has moved some people's cheese.
After flying over the Qinling Mountains, I looked back and saw a vast sea of clouds blocked from the mountains.