Blockchain technology, the hottest but mysterious “black technology”, now has new practices in the judicial field.
On June 28th, the Hangzhou Internet Court publicly pronounced a case of a dispute over the infringement of the information network communication rights. The legal effect of the electronic data using the blockchain technology was confirmed for the first time, and the blockchain electronic deposit was confirmed. The method of review judgment.
Experts believe that the judgment of the Hangzhou Internet Court is a very positive positive signal, indicating the application of the blockchain in electronic deposits, and the ability to be trusted by the judiciary; and also the blockchain As a database technology, it has security and reliability, which will greatly promote the development of blockchain.
Blockchain deposit is confirmed by the court
It is understood that the plaintiff in the case was a cultural media company in Hangzhou. On July 24, 2017, the defendant Shenzhen Science and Technology Development Co., Ltd. published the relevant works of the plaintiff’s copyright in the website it operated. The other party is required to delete the relevant manuscript and compensate the plaintiff for the loss of copyright infringement of 6,200 yuan.
It is worth noting that the plaintiff company did not use the traditional notarization method when it presented the infringement to the court. Instead, it used the latest blockchain deposit technology – before the litigation, directly through the third party The platform automatically identifies the infringing webpage and identifies the source code of the infringing page, and calculates the compressed content of the two contents and the calling log into a hash value and uploads it to the Factom blockchain and the bitcoin blockchain. The evidence is kept and submitted to the court as evidence during the prosecution.
The Hangzhou Internet Court held that electronic data that is fixed by deposits and other technical means should be subject to an open and neutral attitude. Neither the blockchain and other technologies themselves should be excluded or improved by the current new and complex technical means, nor should the standard be reduced due to the difficulty of tampering and deletion. The comprehensive judgment should be based on the relevant laws and regulations of electronic data. Its evidence is effective.
In the trial, the court held that through the high-confidence automatic crawling program, the screenshots and source code identification can ensure the authenticity of the electronic data source; the above-mentioned electronic data was fixed by the blockchain technology in accordance with relevant standards. To ensure the reliability of electronic data. Finally, on the premise of confirming that the hash value is consistent and that other evidence can mutually prove, the court found that the electronic data can be used as the basis for the infringement of the case.
Yang Dong, director of the Big Data Blockchain and Regulatory Science and Technology Laboratory at Renmin University of China, said that the blockchain consists of block data structures, each of which contains data, timestamps, and links to the previous block. Information and corresponding executable code are used to implement distributed collaborative accounting between unfamiliar entities, with features such as decentralization, distributed sharing, consensus trust, and non-tampering.
“This judgment expresses the inclusive and open-minded attitude of the judiciary in the face of new technologies. It is the first in the country and is also leading in the world. In the future, block-based electronic storage is expected. The card will be more and more recognized in the judicial field.” Yang Dong said.
Deng Jianpeng, a professor at the Law School of the Central University for Nationalities, said that the recognition of the blockchain deposit by the judicial decision has a symbolic significance in the national court system and has a reference role for other future cases; it may also be in the electronic signature law or procedural law in the future. In the provisions on the recognition of evidence, the role of the blockchain deposit is included.
Blockchain or the arrival of copyright protection spring
Zhang Yanlai, the chief lawyer of Zhejiang Kenting Law Firm, introduced that blockchain deposit is an application of blockchain technology in the field of depositary evidence. In the past copyright infringement cases, the evidence was saved by means of a third-party authority such as a notary office. It is not only time-consuming and labor-intensive to fix the evidence under the witness of the staff, but also the cost is high. The blockchain deposit is to save the evidence information to the blockchain and do distributed storage. In theory, the blockchain Each node completely preserves the evidence information, which makes it difficult to be tampered with. As a new form of deposit, the blockchain certificate is safe, efficient, convenient and low-cost.
“At present, China’s copyright market has been cultivated for many years. Although it has been out of the barbaric growth stage, the situation is still not optimistic. It still faces the ‘three highs’ dilemma, that is, the cost of rights is high, the transaction costs are high, and the rights are difficult.” Zhang Yanlai believes If we thoroughly study the internal roots of copyright “three highs”, the most important thing is the high cost brought by “centralization” – the right to fix the need to find a centralized organization, copyright transactions rely on third-party centralized media, and rights protection only depends on the court. , copyright office.
“These centralized institutions and organizations have their own discourse systems and work procedures. A large number of professional lawyers and copyright agencies are making money by virtue of their familiarity with this system. Therefore, to solve the copyright ‘three high’ disease, the prescription is only Can be ‘decentralized’, which is why the blockchain is considered by the industry to make copyright protection spring.” Zhang Yanlai believes that blockchain copyright is based on blockchain compared with traditional copyright protection and transaction mode. Technical characteristics, with more traceability, more intelligent copyright circulation, real-time punitive measures, and more direct incentives for users involved in copyright distribution and dissemination.
Blockchain enters the 2.0 era
The reporter noted that not only the practice and innovation in the field of copyright, but also the application scenarios of the blockchain have been gradually enriched, especially in the financial field.
Yang Dong said that the earliest application of blockchain began with decentralized digital currency such as Bitcoin, but its potential is far more than that. Due to the trust transfer capability of blockchain, in addition to electronic deposit, blockchain can It is used to pay for a wide variety of fields such as clearing, digital bills, asset digitization, securities registration and trading, insurance, supply chain finance, online lending, credit reporting, identity authentication, and privacy protection.
Deng Jianpeng introduced that the academic and industrial circles divide the development of blockchain technology into three phases. The blockchain 1.0 is the digital currency phase, the blockchain application is related to currency, and the digital cryptocurrency represented by bitcoin supports each Class-like cryptocurrency fulfills transaction and payment functions; Blockchain 2.0 is a smart contract phase that uses blockchain technology for the digitization of financial assets and supports the transfer of various financial activities to the blockchain; future blockchain 3.0 will It is the stage of social governance. The blockchain technology extends to the social and economic fields outside the financial market, and plays a major role in government and science.
According to the “White Paper on China’s Blockchain Industry Development in 2018” issued by the Ministry of Industry and Information Technology, China’s blockchain industry is currently at a high-speed development stage. As of the end of March 2018, the number of blockchain companies with a blockchain business as the main business in China reached 456, and the industry initially formed a scale.