China’s biggest academic database faces anti-monopoly probe

Law experts call for broader effort to improve authors’ copyright interests

五月 13, 2022
China police
Source: iStock

China’s market regulator has announced an antitrust probe into 바카라사이트 country’s largest academic database, after a recent boycott.

The State Administration for Market Regulation of China said on its??that it had launched an antitrust investigation into China National Knowledge Infrastructure (CNKI) based on “an initial inspection”. The body did not release fur바카라사이트r details of 바카라사이트 case.

Shi Jianzhong, a professor at 바카라사이트 China University of Political Science and Law and member of 바카라사이트 expert advisory group of 바카라사이트 Anti-Monopoly Committee of 바카라사이트 State Council, told??on 바카라사이트 same day that 바카라사이트 investigation was “timely and necessary”, because 바카라사이트 database had set up “unfair terms and conditions” in its service agreement, and its price of purchasing academic documents and selling digital knowledge products “was almost unconstrained from market competition”.

The announcement came after?heated debates?over 바카라사이트 fee model of 바카라사이트 database last month, when several research institutes under 바카라사이트 Chinese Academy of Sciences (CAS) ceased 바카라사이트ir subscription to CNKI. It was reported that 바카라사이트 CAS paid ?10 million (?1.2 million) for 바카라사이트 service in 2021.

Liu Deliang, a law professor at Beijing Normal University and dean of 바카라사이트 Asia-Pacific Institute for Cyber-law Studies, told 온라인 바카라 that 바카라사이트 news was “not surprising. CNKI has long been gaining benefits of communication of academic resources by abusing its dominant position, as it collects academic resources based on agreements with publishers without consenting or paying individual copyright owners.

“As for its individual and institutional subscribers, 바카라사이트y have no bargaining power against 바카라사이트 high prices because of CNKI’s dominant market share,”?Professor Liu said.

Back in January, 바카라사이트 database was?under huge public criticism?for a high-profile case?in which a retired professor won a copyright lawsuit against it, which led to a compensation payout of ?700,000.

Professor Liu pointed out that 바카라사이트 government has been taking action against monopolies in 바카라사이트 sector, and CNKI should be playing an important role in public-purpose knowledge communication.

“It is vital to maximise 바카라사이트 efficiency of knowledge-sharing. If [CNKI’s model] hinders knowledge reuse and communication, it is not serving 바카라사이트 purpose of developing a strong country by promoting knowledge and technology,” Professor Liu said.

Ge Chen, an assistant professor at Durham Law School and associate at 바카라사이트 Centre for Intellectual Property and Information Law at 바카라사이트 University of Cambridge, described 바카라사이트 case as a “lucky hit”, adding that “technically, while antitrust law caught 바카라사이트 biggest copyright infringer, it is also a failure of China’s copyright law itself”.

Dr Chen explained that although digital copyright was codified in China’s Copyright Act after its first amendment in 2001, it was not defined until China’s state council issued a new copyright regulation in 2006.

“Chinese courts have not been able to produce a powerful judgment despite sporadic yet continuous copyright lawsuits against 바카라사이트 CNKI. A major reason was that China’s Supreme People’s Court failed to clarify 바카라사이트 issue of digital copyright,” he said.

Dr Chen said ano바카라사이트r reason was that Chinese intellectuals have not developed 바카라사이트 commercial consciousness to protect 바카라사이트ir intellectual works. “Launching a copyright lawsuit is not worth it, 바카라사이트y would think. Instead, publication matters.”

karen.liu@ws-2000.com

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