Can CNKI's apology quell public anger?

　　Chinanews, Beijing, December 11 (Reporter Song Yusheng) "Why are my knowledge achievements not respected?"

　　Zhao Dexin, 89-year-old retired professor of Zhongnan University of Economics and Law, had this question because more than 100 papers were collected by CNKI without authorization.

　　Recently, Zhao Dexin's lawsuit against CNKI for more than 700,000 compensation was exposed by the media, which immediately aroused the attention and discussion of netizens.

　　On the evening of December 10, CNKI issued a statement, "I sincerely apologize to Professor Zhao Dexin," and stated that it will comprehensively examine the copyright protection and use authorization methods under the Internet format, and carefully analyze the insufficiency and work of each link of the copyright authorization chain. Flaws and loopholes, humbly listen to the opinions and suggestions of legal experts, scholars and publishing organizations, strictly implement relevant laws, regulations and policy requirements, and work with academic journal editing and publishing units to face up to and solve problems.

　　In response to this, Zhao Dexin also responded to the media that CNKI's attitude is okay, but rectification measures should be taken.

Screenshot of "Description"

　　As a knowledge resource platform, CNKI has collected a large number of journal papers, master and doctoral dissertations, conference papers, subject courses, books and other resources. It has also become an indispensable tool for scholars, university teachers and students to conduct research.

Of course, users need to pay a certain fee to use these resources.

HowNet Screenshot

　　However, Zhao Dexin’s lawsuit against CNKI infringement case clearly showed that the author of the paper had not been informed that his work would be downloaded and read on CNKI.

　　Many netizens are curious, since the author of the paper is not aware of this, "How can CNKI collect the money?" "Has the money received be given to the author?"

"Why does HowNet collect money?"

　　Let's start with how HowNet provides knowledge services.

　　When it comes to HowNet, many people's first reaction is two words-thesis.

In the public's perception, HowNet has complete knowledge resources and powerful service functions, and the massive literature data collected by it has become a "necessity" for essay writing.

　　Starting from the undergraduate stage, students need to read a large number of related topic papers in order to write courses or dissertations and do literature reviews.

However, browsing and downloading papers on HowNet is an inevitable part of the process of collecting data.

　　However, most teachers and students in colleges and universities do not feel obvious about how to download papers for a fee.

This is not that HowNet did not charge them, but that major universities and research institutes directly paid the package library subscription fee to CNKI.

　　For this reason, a few years ago, in the face of rising renewal fees, some colleges and universities once announced the suspension of HowNet.

　　In 2016, Wuhan University of Technology announced the suspension of CNKI "due to the outrageous price increase due to renewal".

In the same year, Peking University’s official website also posted a notice that CNKI will be discontinued on the grounds that “database vendors have raised prices too high”.

　　It was at that time that some media pointedly pointed out that HowNet "has a strong monopoly."

　　But how did HowNet get so many journal articles data?

Some media pointed out that if universities and journals want to obtain related resources, they must hand over the author's authorization.

When master and doctoral graduates submit their thesis, they will generally be required by the school to sign the "Explanation on Authorization for the Use of Thesis" and authorize the thesis to CNKI.

When scholars submit manuscripts to journals, they are often asked to authorize the use of CNKI.

　　Of course, the data from these papers has become the basis for HowNet's profitability.

Screenshot of HowNet's billing standards

"Lack of contract basis" "authorization"

　　Here is the focus of the dispute between the two parties in the Zhao Dexin v. CNKI case—whether the author's authorization surrendered by "consent" has legal effect?

　　HowNet recently told the media on this matter that HowNet normally cooperates with the school and the journal editorial department and does not directly communicate with the author.

　　Generally speaking, when the author of a paper submits a manuscript to a journal, it will be indicated in the journal's agreement or submission instructions. After the manuscript is adopted, it will be compiled into the CNKI database and other expressions.

Therefore, CNKI believes that evidence such as the agreement and the instructions for submission can prove that it has obtained Zhao Dexin's permission to use the works involved in the case.

　　However, in the view of the court, such an approach "lack of contractual basis."

　　Judging from the judgments of many related cases included in the China Judgment Document Network, the court held that the instructions for submission of academic journals or the online agreement without the author’s signature can not be deemed to have reached a license for the right to disseminate information about the works involved in the case with Zhao Dexin. Use contract.

　　Zhang Hongbo, director-general of the Chinese Character Copyright Association, told a reporter from Chinanews.com that the right of information network dissemination was born with the development of the Internet.

But even so, the relevant protection regulations have been implemented for more than ten years.

　　The reporter noted that the "Regulations on the Protection of the Right to Disseminate Information on the Internet" implemented in July 2006 clearly stipulated that the right to disseminate information on the Internet enjoyed by the right holder is protected by the Copyright Law and these Regulations.

Except as otherwise provided by laws and administrative regulations, any organization or individual who provides the works, performances, audio and video products of others to the public through the information network shall obtain permission from the right holder and pay remuneration.

The money given to the author is "too little"

　　Zhang Hongbo believes that in the Zhao Dexin v. CNKI case, CNKI neither obtained valid authorization from the author of the paper, nor "paid reasonable remuneration to the author of the paper."

And this is not an isolated case.

　　According to Zhang Hongbo's understanding, CNKI will generally pay a certain fee to cooperative journals.

"This includes two elements, one part is because the journal provides digital resources, and the other part is the cost to the author. But compared to the amount of profit made by CNKI, this is too small."

　　"For many journals, especially many academic journals, CNKI really pays the authors not high fees. Some journals can only get two to three thousand yuan a year. If it is shared among all authors of the journal this year How do you divide such a small amount of money?" Zhang Hongbo felt that such an amount was not enough to be considered as "a copyright fee paid by HowNet."

Screenshot of Tongfang Co., Ltd.'s 2020 annual report

　　According to the 2020 annual report published by Tongfang Co., Ltd., Tongfang Knowledge Network's main business income exceeded 1.1 billion yuan, net profit exceeded 190 million yuan, and gross profit margin reached 53.93%.

The business of "borrowing chickens to lay eggs"

　　It is worth noting that many interviewees, including academics, industry insiders, and university teachers and students, told reporters that many people are not unaware of the legal loopholes in "HowNet obtains paper data", but most paper authors value it more The degree of recognition of the thesis in the academic world, and this requires the wide dissemination of the work.

Therefore, many people don't "care about" HowNet's approach.

　　In addition, reports indicate that after Zhao Dexin's lawsuit against CNKI won the lawsuit, CNKI immediately removed all of his papers from the shelves and no longer included them.

Some commentators pointed out that CNKI "should be arrogant if the lawsuit was lost" and became a "big shop to deceive customers."

　　This situation has actually aggravated the "monopoly" of HowNet-more papers are uploaded to HowNet, and more people go to HowNet to download papers for a fee.

　　While CNKI is making profits, a large number of authors of papers have not received the reasonable rewards they deserve because they are "approved" during the submission process.

At the same time, many journals have also been trapped among them, gradually becoming a weaker party.

No wonder some media call it a business of "borrowing chickens to lay eggs".

　　We should also realize that Zhao Dexin's lawsuit against CNKI for compensation is not the end.

How to ensure that the knowledge service platform can promote the sound development of research and truly protect the rights and interests of the original creators... These exposed problems need to be better resolved.

　　"HowNet can develop such a large-scale knowledge service platform, indicating that the market is in demand, but there are indeed irregularities." Zhang Hongbo said that he also hopes that the knowledge service platform can develop and grow, but it should be shared by multiple parties. Under the premise of governance, it develops in a standardized and orderly manner.

(Finish)