Plagiarism Judgment In The Network Environment

With the development of the network,the transmission of works has shifted from traditional coumunication methods such as books,newspapers and periodicals to network channels.The plagiarism on the Internet has become increasingly serious and diverse.With the development of media in recent years,"non-literal copying" appears on the Internet,called "manuscript laundering".The“manuscript laundering" is a method of producing text content,which mainly includes converting synonyms,changing word order,adding and deleting non-key words,and using materials in other people's articles.Through the above methods,articles that are similar to those of other people's works are obtained.“Manuscript laundering,actually takes advantage of the elements in other people's works.Aeeording to the different attributes of these elements,they ean be divided into idea utilization type and expression utilization type.There are two different views on whether,manuscript laundering,constitutes plagiarism:most scholars directly identify"manuscript laundering,as a type of plagiarism;another view is that "manuscript laundering" does not necessarily constitute plagiarism in copyright law,and detailed analysis should be done by the using of the dichotomy and substantive similarity rules.This paper agrees with the second view.In the judicial practice,courts usually use the“abstract observation method,to distinguish between idea and expression.However,this approach may unreasonably impose restrictions on the author's rights.Existing methods for judging substantive similarity include“abstract-filter?comparison method","the overall observation method" and "comprehensive application method".The first two methods have been criticized by the academic community.There are also two problems with the application of the third method in the existing eases.First,the reasons are not suffieient.Second,the standard is not clear.Based on the experience of extraterritorial and combined with the legislative purpose of copyright law,this paper puts forward the method of plagiarism identification in the case of "manuscript laundering,phenomenon.Firstly,identify the expression in the works by refining the logical chain.Secondly,the ordinary observer standard is introduced to judge the substantive similarity.After eomparing the logical chain of the "manuscript laundering" article with the logical chain of the original work,if the ordinary observers think that the former has a substitute effect on the latter,then the two artieles constitute substantive similarity.In order to cope with the increasingly serious“manuscript laundering,on the network,comprehensive management should be started from the following aspects:First,in conditions,the "manuscript laundering,shall be regulated by Anti-Unfair Competition Law.Second,strengthen administrative and judicial punishment.The administrative department intensity law enforcement,and the court increase the amount of compensation in copyright infringement cases.Third,clarify the regulatory responsibilities of network service providers.Network service providers should use technical means to review some of the articles on the platform and guarantee the infringement complaint mechanism.Forth,improve the autonomy of the media industry.The media industry should set standards for“manuseript laundering,and enhanee the legal awareness of the entire industry.