Novel writers have been infringed by CNKI for 13 years, the latter has been investigated, and lawyers say that submission does not mean authorization – yqqlm

Overnight, CNKI entered the public eye. First, the State Administration for Market Regulation officially announced based on the previous verification:An investigation into CNKI’s suspected monopolistic conduct was filed in accordance with the law.

As the popularity of this matter continued to rise, Chen Jian, a writer who had previously disclosed that he had been infringed by CNKI for 13 years, also stood up, accepted an interview with Phoenix.com, and gave a complete description of his own experience. As a result, this interview once again made CNKI on the hot search.

“Eat melon and eat it on my head”

Chen Jian is a well-known writer in Beijing, and his representative works include “University Bridge”, “Hell Media” and “Floyd’s Forbidden Land”. The infringement related to HowNet was exposed by him on his Weibo on May 9: the serial novel “Emperor Century” with about one million characters has been included in its (HowNet) copyright library since 2009. people browse and download.

For a long time, up to 13 years.

In this interview, Chen Jian directly described the incident as “eating melons and eating them on their own heads”. Initially, with the ferment of a series of events such as “The Chinese Academy of Sciences has suspended CNKI”, the public opinion turmoil of CNKI continued.

As a CNKI user, Chen Jian also spent a lot of money on it. So, he also searched his own works on CNKI. The result was that he didn’t know if he didn’t check it, and he was shocked when he checked it. Even though his own works are also “hanging” on Zhiwang, Chen Jian has no idea about it – “I only knew about it a week ago”.

However, most of the previous public opinions related to CNKI focused on “the subscription fee is too expensive”. Chen Jian summed up the problems he found and shared and discussed them. First of all, Chen Jian asked his soul: As the country’s largest copyright repository for academic papers, how many copyrights have you authorized by the authors? Is it possible to publish the data, is there 10%?

In his view, many authors will think that their articles published in magazines, if the third-party platform has an agreement with the magazine, then it is reasonable for the platform to adopt paid downloads. “But this is a misunderstanding,” Chen Jian said bluntly.

If the magazine wants to authorize a third party to use it, or make it an electronic magazine and hang it on the platform for permanent public browsing and downloading, it must obtain the author’s separate authorization. Chen Jian believes that CNKI has taken advantage of this misunderstanding in order to fill author’s articles into its copyright library so freely.

And his view is not groundless, he has personal experience. Because more than a decade ago, Chen Jian was working in a magazine, and his job content was to sign contracts related to HowNet.

So since then, what kind of model has CNKI and magazines been? Chen Jian’s description is as follows: HowNet did not give our magazine a dime at all, but signed an agreement to share according to the download volume, and gave a few monthly cards to HowNet.

And this is precisely the second cognitive misunderstanding. Many people may think that splitting by downloads seems reasonable, but on closer inspection, it may not be the case.

Because of academic articles, the download volume of each article is relatively small and can be ignored at all. However, HowNet’s core profit model is to obtain a large number of articles, establish a copyright monopoly, and a copyright moat, thereby charging major universities and research institutions.

For example, the review of papers is the cornerstone based on such massive data, but the author of each article as the cornerstone does not have any copyright fees to speak of. Chen Jian directly criticized CNKI’s behavior: This is so fucking ridiculous! This is a freak that sucks blood on all authors, all graduates, all cultural institutions!

What was even more unexpected to Chen Jian, a novel creator, was that he thought that HowNet only included academic articles, but the volume of novel articles would be so large…

It’s not just Chen Jian who is equally confused. Wang Qingchuan, the author of “Jiantian Jian” and “Yan Fei Remnant Moon”, and Li Liang, the author of “Anti-Bone Boy” and “Tomb Law Tomb Sky” also left a message saying that his novels are also It can be found on the internet.

Moreover, you have to search for the title of the work, and the author can’t find it… So, Chen Jian has also filed a lawsuit against Zhiwang in court. However, according to Chen Jian, CNKI has not responded so far.

Lawyer: Submission does not mean authorization

In this interview, Feng Yueping, a senior partner of Jingshi Law Firm, also participated in the discussion. Feng Yueping warned the majority of article writers from a legal perspective to keep three points in mind about the public opinion generated by CNKI’s actions.

First of all, in response to the conventional way in the industry in the past that “you submit to me means authorization”, Feng Yueping directly rejected this and said: I’m sorry, it’s untenable.

It is important to remember that submission does not imply authorization. And from the current point of view, the form of authorization is more and more strict.

Secondly, Feng Yueping said: as long as there is no authorization, it must be an infringement. As for the rights protection after infringement, the author also depends on “which one is better to sue” and “which one is worth suing”.

For example, although some newspapers and periodicals also have unauthorized acts, their maliciousness is not so great, and they also helped the authors to publish articles at that time. And if the author can prove that the newspapers and periodicals have authorized their rights to CNKI, they can also defend their rights. But the easiest way to protect rights is to inform the network, because it did not publish the work on the network without the authorization of the author.

“It’s a deal,” Feng Yueping said.

One More Thing

After the State Administration for Market Regulation decided to file a case against CNKI according to law, Jimu News contacted Professor Zhao Dexin. Last year, the “89-year-old professor sued CNKI for 700,000 yuan” caused a lot of public turmoil.

Now 90 years old, he also expressed his opinion on this: I am very happy to see this news.

In my opinion, the general principle is to solve the problem according to the operation principle of the socialist market economy. Only a fully competitive market is a benign market.

Through competition, each platform can give full play to its advantages, and it cannot be a monopoly.