Potential legal issues to consider when setting up a website
It's not uncommon for people to go to court over creation of a website. We enter keyword "setting up a website" on China Court Documents Network and we can find many court cases, most of which are "website disputes", that is, legal issues arising from creation of a website or initial work of company's website. Then we need to further explore what potential legal issues may arise in process of creating a website?
Domain Name Legal DisputesTo create a website, you need a domain name, and there are many legal disputes related to domain names. Domain name disputes include following categories:Domain name infringement disputes. For example, right to use a domain name belongs to a company but is violated by individuals or other organizations; Disputing deals with domain names. Transaction disputes arising from purchase or sale of domain names by website companies. Domain name not registered. The domain name that is being applied for uses a foreign server and has not been registered in China, which can easily lead to a domain name blocking. Copyright disputesIf images, text, or even ideas from other websites are used on a company's official website, it can easily lead to litigation about piracy. Such as photo theft. Some website builders use images on web or images in an image library, which may result in legal action by copyright owner of image. Such as text and scheme. This problem is more common on "fake websites". Fake websites usually mimic structure, color matching, user interface, etc. of third party websites and are easy to "trace" to original copyright owner. Advertising legal disputesOn company's official website, description, modification and promotion of goods, including text and images, are a type of advertising that requires compliance with "Law on Advertising" our country. Disputes related to advertising on official corporate websites are often "false and exaggerated." For example, in product descriptions, companies often use "superlatives" in their copywriting, which violates my country's Advertising Law, and some agencies may initiate legal action against companies based on this. Copyright disputesIf company's official website has features such as forums, messages, and comments, this point should be given special attention. Because there are cases where users upload comments from other platforms to company's official website, other platforms initiate legal action against company. In addition, if official website of company uses video content, photographic materials, etc. from other sites, if it is not authorized, it will also lead to disputes. Illegal Content Legal IssuesIf malicious information is posted on a company's official website, it is easy to report it, which can lead to lawsuits and disputes. Disputes between customers and website companiesDisputes between website building clients and website building companies are also a significant proportion, including contract disputes, payment disputes, etc. Therefore, we suggest that if you want to do corporate website, firstly, find a professional website development company, and secondly, carefully read contract provided by website development company. Other DisputesFrom our experience, businesses that create websites may also experience "font copyright disputes" and "content infringement disputes". ” at stage of creating a website and initial operation “Creative Misappropriation Disputes” and so on. Summarizing, in order to prevent businesses from getting involved in relevant litigation, before a website is online and in operation, focus on issues such as "copyright", "content" and "domain name", and Strengthen checks appropriately to avoid disputes.
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