Research on Winning and Losing Defense Strategies of Libraries Sued for Infringement:A Case Study of Information Network Transmission Rights
Analyzing the winning and losing defense strategies in cases of libraries being sued for infringement of information network transmission rights provides key defense points that can enhance the effectiveness of defenses when libraries face litigation.Using cases of libraries sued for infringement of information network transmission rights in China as samples,the study applies the grounded theory method to derive 176 initial concepts,46 categories,and 10 main categories.The research extracts key defense points for libraries when sued and maps their genealogy,summarizing the defense strategies used in infringement cases against libraries.The approach to effective defense strategies prioritizes arguing no infringement,followed by arguing infringement without compensation:asserting the ex-piration of the statute of limitations as a decisive winning tactic,classifying and explaining specific types of rights when claiming no source of rights,and emphasizing the nature of the subjects as the key to successfully arguing for non-compensation despite infringe-ment.Ineffective defense strategies are mainly reflected in defenses that deviate from key points and imply admission when infringement is determined,miss critical points and lack reasoning upon cessation of infringement,and are unfocused and one-sided when awarding compensation.To enhance the effectiveness of the library's defense in the event of a potential loss,the following optimization sugges-tions are proposed:when infringement is determined,the library should focus on the source of rights and the nature of the conduct,de-veloping the defense systematically according to a logical sequence;upon cessation of infringement,the library should emphasize sub-jective aspects and the nature of the subjects,ensuring comprehensive evidence and thorough argumentation;when awarding compensa-tion,the library should concentrate on the nature of the subjects and objective aspects,providing layered explanations to avoid one-si-ded defenses.
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