Analysis Of The First WeChat Mini Program Infringement Case

We Chat Mini program,a kind of We Chat official accounts platform,is attached to We Chat Application.Users only need to open "We Chat",scan or find the entry of "Mini program" in the "discovery" interface,so as to open specific Mini program.Its development has facilitated people’s life,boost economic growth,and created a new marketing model.But there are also some problems in the legal adjustment.Is it regulated by e-commerce law when a Mini program carries out business activities on We Chat platform? More importantly,what role does the We Chat platform,what legal status does it have,and what responsibilities should it take? Analysis and discussion of these problems will help to achieve the balance between the protection of users’ rights and the interests of Internet enterprises,and better promote the healthy development of the Internet economy.This paper takes the first case of We Chat Mini program network infringement dispute in China as the starting point,aiming at the legal issues reflected in the focus of the case,to identify the Mini program and define related liability.There are three main aspects involved.One is the provisions of different regulations on the "Notice and Take" rule and the applicable relationship between them.The rules of "Notice and Take" are stipulated in the tort liability law,the regulations on the protection of the right of information network communication and the e-commerce law.The relationship between the tort liability law and the regulations on the protection of the right of information network communication is between the general and lex specialis.The provisions of the civil law and the relevant provisions of the e-commerce law also belong to the general and lex specialis.The second question is about the legal status of the platform of Mini program.Compared with other types of ISP,it is concluded that the Mini program platform service should be a new type of Internet service from the technical perspective,and the platform is not an automatic transmission service provider.From the perspective of e-commerce law,the platform is not e-commerce platform operator,but other network service providers.Third,whether the platform undertakes the obligations in the "Notice and Take" rule should not be based on whether the infringement information can be removed and whether the information can be stored.Although the principle of proportionality can be taken as a consideration to determine whether to take measures to delete the infringing content,the judgement in this case is mainly because of the consideration of interests balance.If the deletion obligation is exempted,the service provider of the platform should be responsible for the review of the illegal information,the active control of the infringement information,and other necessary measures.