|
This text is based on the recording of the interview to Raymond Mooney on Nov.20, 2009 on the International Conference on the Trends of Copyright Protection hold by Zhongnan University of Economic and Law.
Sarah：The first question is about the hot topic discussed on the conference concerning internet copyright piracy like the issue of UGC, ISP liability…how do you comment on this？
Raymond: Sure, essentially my issue, I was speaking we have, is the publish industry, the issues we have are all shared with Chinese authors, in relation to journal piracy…here we are sharing the best practices to see if that could help China, maybe in some circumstances it can’t apply, but I believe if we see the industry, cultural life and academics, China is also affected by such type of on-line piracy…I think given the current law, it is hard to address the issue..
Sarah: So，given the current situation, you got some opinions to deal with that?
Raymond: Yeah, I heard some interesting suggestions the past two days, one of them is graduated-response involving the ISP in the process, I think it is a good idea and I support that, because generally ISP said they were no responsibility, it just lead to difficult for authors to take actions..
Sarah: against the illegal?
Raymond: yes, help themselves, then Chinese academics and administration feels ..how to address that problem, there is always going to be a conflict between how to get business done commercial without distracting ISP having to do something too diligence...there might be some simple ways to deal with this..
Sarah: simple ways?
Raymond: There maybe. that is a tough question. I think forms like this, there should be more engagement of academics to figure this out. when we draft new copyright law, we have lots of opportunities to debase about. In the view of Chinese industry, they have to got ISP involved because it will have too much trouble otherwise, like the difficult of getting evidence. ISP is responsible when take-down notice is sent. you need to get feedbacks from ISP. But we should have balance here, we cannot put too much obligation on ISP to check everything that would interfere their work., but if we put on notice by the right owners to the website, the minimum number of times is a matter of debate. five times maybe is ok.
Sarah: ok, then you are a lawyer, can you give us some suggestions if we IP law students want to be a lawyer in the future?
Raymond: Well, that is a interesting question, if you want to do this job, my suggestion for you is to write articles and publish them, choose your interested area, say IP law. If you wan to go to a foreign enterprise ,law firm or trade business, you can do some internship jobs. and it is better you have good English.
○c Zhang Shuqing, All rights reserved,For reproduction, contact us at +86-027-88386157
Interviewer: Cheng Shijie
Word: Cheng Shijie
|