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(Reporter Xie Wenying) interview, said, Cai Jiming According to July 1, 2010 implementation of the relevant provisions of the Tort Law, was recently the Beijing First Intermediate People's Court of Appeal.
commitment to a national holiday because the subject of reform,[link widoczny dla zalogowanych], and presented two sessions verbal abuse and insults from the network, as well as Internet users in the Baidu Post Bar has established a Thus, Cai Jiming the Network Technology Co., Ltd. Beijing Baidu taken to court seeking removal of insulting remarks posted it in, close the bar Cai Jiming, published apology and compensation for mental damages, rights fees totaling 210 million yuan.
Haidian District's Court of first instance verdict,[link widoczny dla zalogowanych], dismissed the claims of Cai Jiming. The court held that the subject is not engaged in violations Baidu Inc, the department's network using the Baidu Post Bar provides the network service platform users, it is not directly infringed the company Baidu. Furthermore, Baidu Cai Jiming effective in receiving timely notice to take the necessary measures to prevent infringement expanding network users, there is no fault of their behavior, but also on the network without the need related to personal interests of users against Cai Jiming bear joint and several tort liability. The trial judge in the case Chang-Yi Chen, said a media interview: the network of speech is an important channel for public opinion, from the protection of social interests,[link widoczny dla zalogowanych], the network of speech should not be taken too strict measures.
but interviewed in Cai Jiming, stressed that he asked Baidu closed, completely based on humiliation, verbal abuse and threats for the purpose of language, it has obvious violations Cai Jiming, and not the other refers to Baidu Post Bar, Haidian District's Court completely confused the tort and public opinion.
newspaper will continue to monitor the case progress.
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