Traditional Culture Encyclopedia - Traditional culture - The difference between network infringement and traditional infringement is A, and the evidence in network infringement is more unstable than traditional infringement.
The difference between network infringement and traditional infringement is A, and the evidence in network infringement is more unstable than traditional infringement.
1, the application of digital technology and network infringement make the evidence on the network lose its originality. The evidence resources in the computer field, which plays an important supporting role in the identification of network infringement, may not be classified as legal evidence forms, and their legal status is unclear, so they cannot release their due effects.
2. The infringer is complex and secretive: the network service provider is a unique subject in the network environment, and the operation of the network cannot be separated from the participation of the network service provider, so the network service provider is often involved in a large number of network infringement disputes. Moreover, people can freely use their names or even anonymity according to their own hobbies online, which brings technical problems to the identification of infringers in practice.
3. The consequences of infringement are wide and fast: the global coverage of the network has broken through the geographical restrictions that still exist in real life, blurred the boundaries between regions and countries, and communicated with every corner of the earth; The interactivity and real-time of the network make the dissemination of online information more convenient and fast.
4. Difficulties in locating jurisdiction: It is a common practice for courts in various countries to apply the law of the defendant's location or the law of the place where the infringement occurred. However, the Internet connects computers and their networks all over the world into a unique cyberspace, and the same infringement is often associated with several locations, and the physical location has little significance in cyberspace, thus shaking the foundation of traditional jurisdiction in cyberspace.
5. Internet infringers use the advantages of network technology and the lag weakness of law to act recklessly in the network and infringe on the rights and interests of others, while the victims are often powerless because they have no legal basis or can't find the infringer and evidence.
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