基金會的律師問Jimmy百度的事情 Jimmy叫我把狀況跟大家講一講 剛才花了兩個小時寫了一封超長的信 還把百度百科的著作權狀況給翻成英文 百度啊~~~你要付我薪水!!! 一定要把這封信給公開...... Hi, Dear Friends, I'll try my best to explain the copyright things of Baidupedia to you. First of all, on the main page of Baidupedia (http://baike.baidu.com/ ), the underpart you can see, there's a copyright disclaimer (on the left side) and general disclaimer (on the right side). In the copyright disclaimer (http://www.baidu.com/duty/copyright.html ), it says, Baidu has the copyright of the database. Channels which have different regulations will apply differently. Everyone who uses Baidu shall obey regulations hereunder. (Section 1) Without Baidu's consent, anybody shall not use (including, without limit illegally copying, distributing, exhibiting, mirroring, uploading and downloading) these material. Otherwise, Baidu has the right to prosecute. (Section 3) In the general disclaimer (http://www.baidu.com/duty/index.html ), it says, Baidu is not responsible for its contents. (Section 1) Any organization or individual who thinks Baidu's content infringe their/his/her legal rights, shall feedback to Baidu by a written document immediately with ID, evidence in detail. After Baidu gets legal documents here above, will remove those content as soon as possible. Second, there's a Help document in Baidupedia. Please see http://www.baidu.com/search/baike_help.html . In this page, the last section is Baidupedia's principles. The first one is about censorship and punishment. The second one is copyright condition. The last one is "Baidu Company has the right to explain the principles". In the copyright condition, there are 10 paragraphs. 1. Baidupedia's users shall respect other people's copyright. If copyright infringement occurs, it's user's responsibility, and it's not related to Baidu. 2.Without copyright holder's consent, user's shall not copy, distribute, copy (again) and upload to Baidupedia. 3. When Baidupedia's user excerpt material protected by CC license or GFDL, they shall "fairly use" other people's works in accordance with licenses motioned above. 4.Baidupedia respect other people's intellectual property and legal rights. Baidu also appeal to users to do so. If you think your IP or legal rights are infringed, please provide material according to following steps. (If your statement is not true, you are responsible for all fees and damages.)....... 5.If speech of Baidupedia users infringes any third party's copyright or other rights, when the third party challenges, Baidu has the solely right to remove those content. 6.According to 5., those whose content was removed, can appeal to Baidu. If Baidu revert the content, Baidu is not responsible. 7.All content and appendage delivered and copied by Baidupedia users, its copyright belongs to original copyright holder. The original author's copyright disclaimer or copied from other websites with copyright disclaimer also applies. If the original author has no copyright disclaimer, or copied from websites without disclaimer, will follow the rules hereunder: 1）for non commercial, not profit, non-ad usage, you shall state clearly the original author and "from Baidupedia". 2）for commercial, profit, ad usage, you shall ask for the original author's consent, and state clearly the original author and "from Baidupedia". 3）outside the Baidupedia, if you want to modify or partly remove works delivered or copied by Baidupedia users, you shall keep the original intention of the text, and you shall ask for Baidu's consent. 8. For content original made by users and delivered to Baidu, users agree Baidu has the worldwide, free of charge, irrevokable, non-exclusive and entirely re-licensing right to use, copy, modify, edit, publish, translate, reproduce derivative works, distribute, play and exhibit these content entirely or partly. And/or, Baidu has the right to edit these content into any other works, media or technology no matter they are existing or will be discovered in the future . Users agree other Baidupedia users to modify and partly delete any part of their work. 9. Baidupedia is not responsible for the correctness of content and appendage which delivered by users. Content and appendage delivered by users can't represent Baidu's viewpoint. 10.Baidu Company has the right to explain and change the rules mentioned above. Third, some Chinese Wikipedians had already sent an email to Baidu company. The email content you can see http://zh.wikipedia.org/wiki/User:Pubuhan/baidu . In this mail, Chinese Wikipedians firstly introduce how to use content from Wikipedia. Then tell Baidu that Wikipedia is not in public domain. Last, they urge Baidu to remove content copied from Chinese Wikipedia, or announce to users not to copy from Wikipedia, or the third way is to change Baidu's copyright regulations to fit GFDL. And, finally, we haven't get any response from Baidu till today. They have already announced that Baidupedia is the biggest, free, shared, online encyclopedia in Chinese language. This report costs much time and is exhausting. My English is not good enough. Hope you can understand. Sincerely, THD --

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