China.com Technology, July 16 (Reporter Ye Xiaoyuan) Since the " Huawei , Chen Chunhua incident", the long-silent Dangdang.com has spoken out through its official Weibo for many consecutive days to crack down on e-commerce piracy, and directly blamed the problem of e-commerce piracy on a certain "friendly business" platform. However, according to media recently disclosed that Ms. Zhu, a consumer in Zhengzhou, Henan, sued Dangdang.com and demanded three times compensation and apologize for "buying 9 books on Dangdang.com" and repeatedly contacted the customer service of Dangdang by phone many times but failed. At present, the Zhongmu County People's Court of Zhengzhou City has officially filed a case against it.
China.com Technology reporters found that on multiple third-party complaint platforms, there were complaints involving "buying pirated books on Dangdang.com". Even under the anti-pirated statement of Dangdang.com's official Weibo account, many netizens directly commented that "buying pirated books on Dangdang.com's third-party bookstore." According to Tianyan Check information, there are hundreds of copyright-related cases such as copyright ownership infringement disputes, disputes over works information dissemination rights, and other copyright-related cases, including Dangdang's operating entity " Beijing Dangdang Information Technology Co., Ltd. ", among which most of Dangdang appeared as defendants.
An industry insider who did not want to be named said that in the rapid development of e-commerce in recent years, Dangdang.com, which was once a leader, has lagged far behind its peers who started late. This time, Dangdang used Huawei and Chen Chunhua's incident to "high-profile anti-pirated version" to "take advantage of the situation to market". Although it did harvest a wave of "free traffic", it was also "backlashed" due to its own piracy book problem. This kind of "sensationalism, popularity, and eye-catching" move is not advisable.
Dangdang.com's pirated chaos in third-party bookstore piracy
In the comment section of Dangdang.com's official micro anti-pirated version statement, a netizen commented, "Last year, I bought a copy of "Betrayal" of Doudou in Dangdang's third-party bookstore. I found that it was pirated and there were a lot of typos. It should have been printed using image recognition software." The netizen said, "Contact the seller and only asks the book to be sent back to give a refund. This is the illegal cost is too low, right?"
. Another netizen also posted after the netizen's speech, "I also bought pirated copies in Dangdang third-party bookstore this year at 618, and the other party said it was a printing quality issue."
Compared with these users who were evaded and could only "complaint" on social media platforms, another user who complained on a third-party complaint platform seemed much more serious: he not only insisted on complaining and protecting his rights, but even sent the book to the publisher and obtained the appraisal certificate provided by the publisher and confirmed as pirated copies.
However, even after so much effort, he failed to "easily" get compensation from Dangdang.com: Dangdang.com customer service asked him to provide "unboxing video" to receive express delivery, and refused to handle the complaint on the grounds that he could not provide "unboxing video". In the end, the helpless user could only complain to the third-party complaint platform and turned to the media for help. After some twists and turns, he got a new set of books mailed by the third-party bookstore on the Dangdang platform.
According to the complaint description of this user, he purchased a book called " Cui Yutao Parenting Encyclopedia " through Dangdang.com's "The quality of the book is poor, the pictures are blurry, and the paper is rough", and it was later identified as a pirated book by the publisher.
According to the "Book Appraisal Report" of CITIC Publishing Group provided by the user, the book "Cui Yutao Parenting Encyclopedia" published by CITIC Publishing Group (ISBN: 9787508698366 printing: 19th printing in September 2021) purchased by the CITIC Publishing Group through Dangdang.com's "Bosiyuan Book Store" has been selected as a pirated book: "The cover and text materials used for the book sending to the book sending to the book are different from those used for the original book of CITIC Publishing Group; the text text and pictures of the book sending to the book sending to the book are blurry and the pictures are unclear, which is different from the text and pictures of the original book of CITIC Publishing Group."
The above user stated in the complaint that Dangdang.com customer service requested "unboxing video" and refused to compensate on this grounds. "But when I bought the book, I believed Dangdang.com, so I didn't think of shooting unboxing videos. Now Dangdang.com customer service will not continue to deal with it on this grounds (complaint). "
In response to the issue of selling pirated books in Dangdang third-party bookstores, lawyer Fang Dong of Zhejiang Hangzhou Zhiqiao Law Firm told reporters, "Generally speaking, if the platform fulfills its obligation of reasonable precautions, such as reviewing merchant qualifications, formulating intellectual property protection rules, and post-processing mechanisms, such as establishing a complaint deletion mechanism, the platform party does not need to bear tort liability; on the contrary, if the e-commerce platform fails to fulfill its obligation of reasonable precautions or fails to establish a post-processing mechanism, it is necessary to jointly bear tort liability with the infringing merchant. "
In addition, Fang Dong said that based on the "Red Flag Principle" in the field of intellectual property rights, for "knowing or should know that there is a situation of selling pirated books", and failing to take necessary measures to lead to infringement, regardless of whether the platform fulfills its obligation of reasonable precautions or post-processing mechanism, the platform will bear joint and several tort liability with the merchant. If a well-known book is sold significantly at a low price, or the situation where multiple complaint links have not been removed from the shelves, it may trigger the "Red Flag Principle".
Tianyan Check judicial analysis data shows that the Dangdang Network's operating entity "Beijing Dangdang Network Information Technology Co., Ltd." Currently, there are 430 legal disputes, among which the copyright ownership infringement disputes and infringement of works information network dissemination rights account for the largest proportion, of which 84.9% of the cases, Dangdang appeared as a defendant.
Regarding the copyright infringement disputes involving book piracy, Fang Dong told China.com Technology that if the platform can strengthen the protection mechanism for book copyright in the network and technical services provided, and be more cautious and respectful of the "Red Flag Principle", the chaos of pirated books may be well managed on the platform side.
behind the continuous "topic marketing": the market share has fallen to no 1%
China Net Technology reporter noticed that just two weeks after Dangdang's official microblog "calls to friends" against piracy, its official microblog has published 6 Weibo posts on anti-piracy in a row, but fewer and fewer netizens have paid attention to this matter. Some netizens even called it "ride the popularity" and "Dangdang's self-rescue battle".
In fact, although Dangdang's market share has been declining in recent years, various topics about Dangdang have been active in various media platforms: "Cup Breaking Incident", "Qingyu Nian Divorce War", and "Founder of Founder's Grab Snatching Official Seal". Netizens seem to have become accustomed to it.
public information shows that Dangdang.com was officially put into operation in November 1999; in February 2000, Dangdang.com received venture capital for the first time; in April 2003, Dangdang.com was recommended as the first excellent website for "online shopping" by four government departments including the Ministry of Culture and the Press and Publication Administration. In December 2010, Dangdang.com was successfully listed on the New York Stock Exchange in the United States, becoming the first B2C online mall in China that is completely based on online business and listed in the United States.
However, Dangdang.com's US stock journey is not long. 9 in 2016 In the month, Dangdang.com completed its privatization and delisting, with a market value of only US$536 million when it was delisted, which is far from the market value of US$2.3 billion at its peak.
Compared with all categories of e-commerce such as Taobao and JD.com , Dangdang.com's model is more inclined to book vertical e-commerce. According to practitioners' analysis, vertical e-commerce has the advantages of strong user stickiness and high loyalty, but there are also problems such as low category coverage, poor traffic conversion rate, and high traffic prices.
According to the Analysys report, in the first quarter of 2014, the transaction scale of China's B2C market was 4.23 billion yuan. Although Dangdang.com's market share at that time had fallen significantly behind Tmall and JD.com, it still had 2.2%. By the first quarter of 2022, the transaction volume of China's online retail B2C market reached 1698.85 billion yuan, but Dangdang.com's market share had declined to 0.5%.
Dangdang.com's financial report data also reflects this downturn: Dangdang.com's first disclosure of financial report after its listing was still profitable. According to its first quarter financial report data for 2011, the company's net revenue during the period was 687.6 million yuan, a year-on-year increase of 53.4%; net profit was 3.1 million yuan, a year-on-year increase of 203.6%.However, since the second quarter of 2011, Dangdang.com has been in a loss. According to the company's second quarter financial report for 2011, Dangdang.com's revenue during the period was 790.8 million yuan, a year-on-year increase of 53.3%. The net loss was 28.4 million yuan, an increase of 60% year-on-year.
to Dangdang.com's last financial report before delisting in 2016 showed that in the third quarter of 2015, Dangdang.com's total net revenue was 2.3719 billion yuan, a year-on-year increase of 22.6%; a net loss of 28.1 million yuan.
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-