Protect network copyright by using alliance block chain

2022-08-03 0 By

In the Internet era, the massive increase of network innovative products and the networked publishing of offline publications and works have brought great challenges to the ownership and operation mode of intellectual property rights.Due to the short innovation cycle of network works and the large number of users, the traditional mode of intellectual property protection has been unable to meet the needs of development, and the ownership of property rights, preservation of evidence, and the amount of damage compensation are difficult to determine, which have become problems to be solved in judicial practice.Alliance blockchain technology, as a limited authorization management blockchain technology, has the characteristics of immutable, easy to trace and controllable, suitable for the privacy protection, interaction efficiency and supervision of high requirements in the field.Based on alliance chain technology, the author proposes to set up alliance blockchain network with judicial organs and intellectual property management organs as trusted certification organs, and establish a traceable intellectual property authentication service platform, providing a reference path for protecting the legitimate rights and interests of property owners and cracking down on crimes of infringing network copyright.Alliance blockchain connotation and characteristics.Blockchain is a decentralized, distributed storage, consensus accounting technology, with immutable, trusted timestamp verification and other technical characteristics, can be well applied to high-value network practice.Blockchain technology currently has a large number of technology types and branches, according to the classification of access and management rights can be divided into public chain, private chain and alliance blockchain.Federated blockchain, also known as federated chain, refers to the blockchain subject to pre-selected nodes in the process of consensus.Due to the advantages of both public and private chains, it can designate specific users and limited other organizations as authorized managers in advance, and other user nodes can participate in blockchain network interaction but not management.Alliance chain, also known as trust chain, is often used in distributed trust transactions between different organizations because it requires only a few specific nodes of user authorization and verification. It has the characteristics of low cost, high efficiency and beneficial to privacy protection.At present, as the means of network copyright crime has evolved from the original data storage modification, network sharing and downloading to the use of false access links, Trojan software to carry out crimes, new network cases involving complex technology identification and law application are increasing.Computer systems in the traditional mode, the network copyright by malicious attacks or illegal intrusion tampering with extremely easily, cause, tampering and loss of intellectual property related data leak occurs, and the traditional network copyright mostly depends on the third party rights, lead to the rights of the high cost, low efficiency, the judicial organs have greater difficulty, certification of property information block chain technology and alliance, as a low-cost, efficient, traceable and reliable method to reduce judicial costs and protect legitimate rights and interests.Problems encountered in network copyright protection.It is mainly manifested in three aspects: First, with the arrival of the mobile Internet era, a large number of fragmented works have been created, so it is difficult to register the copyright for each work, and the problem of copyright ownership confirmation becomes prominent.Network copyright includes electronic copyright and electronic trademark registration, etc. The high efficiency of network communication makes it difficult for original authors to prove originality when network copyright infringement occurs, and Internet users’ virtual anonymity is also easy to cause network knowledge infringement cases.In view of the above phenomenon, only strengthening the “source protection” of network copyright, with the help of new technological means to leave traces in the whole process of the creation of original works, to ensure that data is not tampered with, easy to trace, safe and controllable is the focus of the settlement of network copyright ownership disputes.Second, as paper documents are no longer the only form of intellectual property, network technology has greatly reduced the threshold of information without trace deletion. Electronic storage of intellectual property provides great convenience for privacy tampering, property rights “whitewashing” and other infringements, and also makes it difficult for network copyright to be preserved and protected.For example, in the network transmission right dispute case, after traces the infringer to delete related infringement, the copyright owner of electronic evidence, such as web page screenshots submitted will be difficult to verify the authenticity, legitimacy, and while a notarization can cure evidence of infringement, but the cost is too high for a large number of network works, the copyright owner will face the difficult problem.Network copyright evidence preservation needs to be solved from the source, and the whole process of intellectual property life cycle should be left traces through credible network storage, so as to form a complete traceable evidence proof chain.Third, network copyright is an evaluation mechanism for the value of knowledge, emphasizing the value generated by the future benefits of knowledge, which requires the use of existing conditions to estimate the market value, in order to deal with the damage compensation of intellectual property infringement.In addition, compared with the high efficiency, timeliness and interactivity of Internet information transmission, most of the supervision measures of intellectual property are post-supervision. How to realize pre-prevention, efficient supervision, hierarchical authorization and supplement the evidence chain of intellectual property liability through legal and technical means is a hot topic of current research.For example, it usually takes several months to apply for practical patents. Due to the speed and interaction of Internet communication and the huge economic value of patent transformation and application, patent infringement crimes are easy to occur, so how to shorten the period of confirming rights to protect the rights and interests of the patentees is particularly important.Strategy of Network Copyright Protection by Alliance chain Technology.Block chain technology is unique decentralized storage, unable to tamper with data, credible verification, full traces of the characteristics, can be a good solution to the traditional network copyright protection difficult to verify, trace, rights protection and other problems.First of all, the identity authorization access mechanism of the alliance blockchain network makes up for the anonymity problem of the public blockchain without authentication, which is suitable for the intellectual property transaction field with high controllability requirements.By judicial organs, administrative departments of intellectual property rights as the leading building intellectual property alliance block chain, application, approval, the network copyright trade, such as human rights, “chain” on the whole management, implement end-to-end traceability in evidence, can not only reduce costs for protection of rights, it can improve the judicial organs and interagency coordination between intellectual property rights management, reduce the difficulty of electronic evidence exists reviewTo improve the efficiency of judicial handling.As the trusted timestamp in the league chain block header has the character that cannot be changed, the block of data generated at the same time, intellectual property will add to the data block chain block and trusted timestamp and the corresponding hash operation value fill in chain block, ensure that the chain block can provide validation of real time in the future rights, and has the force of law.Merkle trees are used in the federation chain to organize data exchange. If an unauthorized authorizer wants to tamper with a transaction record, it must simultaneously tamper with the superior node of the record and all nodes of the higher level, and finally modify the Merkle root, which further affects the hash value of the data block.Such a large amount of tampering makes it difficult to achieve, which also ensures the accuracy and authenticity of the verification.Alliance chain is a block chain network technology used within an organization. It has a strong authorization mechanism and only a few authorized nodes can be verified, which has high security.In the electronic data storage of intellectual property, the unique trusted timestamp technology of block chain can effectively solve the problem of difficult verification.In the case of network copyright disputes, the identification of key evidence such as application time, release time and acquisition time by prosecutors and judges plays a crucial role in the final judgment of the case.Secondly, the unique distributed chain storage structure of blockchain can effectively solve the problem of difficult traceability of property information in the process of intellectual property confirmation.In the case of multi-party property disputes, it is difficult for judicial authorities to find effective evidence to quickly track the confirmation process of property rights and effectively clarify the ownership of property rights under the traditional network copyright model.In the network copyright disputes under the alliance chain storage mode, the procuratorial organ, as a limited key node authorized, can trace all the information of a copyright application, confirmation and transaction through chain storage according to the scope of authorization, so as to improve the efficiency of the procuratorial organ in handling cases.Finally, the alliance chain authorization mechanism is helpful to solve the problem of difficult rights protection.In terms of the cost of protecting intellectual property rights, alliance chain technology can effectively reduce the cost of protecting the rights of litigants in network copyright cases.Traditional network copyright protection requires complex processes and labor costs to apply for registration and network security maintenance, while alliance chain can automatically verify and generate reports on input network copyright cases through smart contract mechanism, which greatly reduces the cost of rights protection and improves judicial efficiency.Taking the novel copyright as an example, the circulation of the copyright is very complicated. The transaction of the copyright not only involves time interval, authorization scope, but also re-creation authorization and other factors.Through smart contract procedures, alliance chain will sort out transaction records of relevant subjects and form normative reports, which will help judicial organs to quickly understand the case and make a fair judgment.In terms of damage compensation standard, by judicial organs, set up by the administrative departments of intellectual property rights alliance block chain trusted network, through authorized certification institution management limited, to be able to get through the identity of the different technical architecture, department issues of trust based on identity trust chain network control module, damage compensation standard for infringement.Through the role authorization mechanism, alliance chain can register all subjects involved in intellectual property transactions and record all behavior tracks of the subjects, and evaluate recorded infringement behaviors through smart contracts, so as to form standard and unified damages amount.For example, in the management of novel content creation by Alliance Chain, each author can get hash value after producing a work, each work will be added time stamp after personalized recommendation, and the user will be recorded when acquiring the content of the work.In case of infringement, the smart contract can quickly calculate the copyright loss of the work and give the infringement damage assessment report. The procuratorial organ can quickly obtain relevant information through the authorization of the alliance chain network and timely protect the interests of the network copyright owner.(Author: Nanan District People’s Procuratorate of Chongqing)