2016年CRI Intense Debate in Court for Video Player Qvod Case

 

The group potentially faces up to life in prison in a case connected to the online distribution of pornography.

Their trial on the charges ended on Friday in Beijing, with the courts withholding¹ a verdict for the time being.

Prosecutors² allege³ some 21-thousand files of pornographic material was found on 3 different servers run by Qvod.

"In this case, Qvod not only provided an online platform for users to upload and publish videos, but users could also locate, download and spread video resources by clicking the URL links through the platform. At the same time, Qvod required users to download its Qvod player in order to watch these videos."

All four defendants⁴ have denied the charges against, arguing Qvod itself focused on program design and technical research.

Qvod, as a peer-to-peer transfer site, allowed people to load content, which others could then download.

As such, lawyers defending the four in court have pointed⁵ the finger at 3rd party users.

"Qvod was simply a tool used to play videos, and its functions are just like a DVD player. Even though it has been used by others to watch or spread pornography, the responsibility should lie with those users, rather than the defendants."

One of the key arguments discussed during the court hearings is whether Qvod intentionally⁶ allowed pornographic material to be spread via its platform.

Qvod founder⁷ Wang Xin claims he had established a filtering and reporting system to prevent users from uploading and watching porn videos.

Lawyers for the group also argue no specific laws are in-place in China which force software developers to guarantee the users of their products are not involved in possible illegal acts.

"From the perspective of the criminal law, Qvod, as a video service provider, is not required to conduct substantive⁸ examinations about whether the video content is illegal. That duty belongs to the organs of state power, such as the public security department."

However, prosecutors in the case argue the current laws and regulations DO have specified⁹ responsibilities for China's online service providers.

"In 2007, China's top radio, film and television regulator, along with the information industry regulator, published a regulation on the administration of Internet-Based Audio-Video Program Services. It stipulates¹⁰ that online audio and video programs provided by developers can not contain any pornographic material."

Prosecutors also argue Qvod's inaction has allowed a number of pornographic videos to go viral on the Internet.

Back in June 2014, the company was fined 260 million yuan or nearly 40 million U.S. dollars for copyright infringement¹¹.

Before it was shut down in 2014, Qvod had around 300 million users.

For CRI, I am Wang Mengzhen.

1 withholding   

扣缴税款

参考例句：

• She was accused of withholding information from the police. 她被指控对警方知情不报。
• The judge suspected the witness was withholding information. 法官怀疑见证人在隐瞒情况。

2 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

3 allege   

vt.宣称，申述，主张，断言

参考例句：

• The newspaper reporters allege that the man was murdered but they have given no proof.新闻记者们宣称这个男人是被谋杀的，但他们没提出证据。
• Students occasionally allege illness as the reason for absence.学生时不时会称病缺课。

4 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

5 pointed   

adj.尖的，直截了当的

参考例句：

• He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
• She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。

6 intentionally   

ad.故意地，有意地

参考例句：

• I didn't say it intentionally. 我是无心说的。
• The local authority ruled that he had made himself intentionally homeless and was therefore not entitled to be rehoused. 当地政府裁定他是有意居无定所，因此没有资格再获得提供住房。

7 Founder   

n.创始者，缔造者

参考例句：

• He was extolled as the founder of their Florentine school.他被称颂为佛罗伦萨画派的鼻祖。
• According to the old tradition,Romulus was the founder of Rome.按照古老的传说，罗穆卢斯是古罗马的建国者。

8 substantive   

adj.表示实在的；本质的、实质性的；独立的；n.实词，实名词；独立存在的实体

参考例句：

• They plan to meet again in Rome very soon to begin substantive negotiations.他们计划不久在罗马再次会晤以开始实质性的谈判。
• A president needs substantive advice,but he also requires emotional succor. 一个总统需要实质性的建议，但也需要感情上的支持。

9 specified   

adj.特定的

参考例句：

• The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
• It is generated by some specified means. 这是由某些未加说明的方法产生的。

10 stipulates   

n.（尤指在协议或建议中）规定，约定，讲明（条件等）( stipulate的名词复数 )；规定，明确要求v.（尤指在协议或建议中）规定，约定，讲明（条件等）( stipulate的第三人称单数 )；规定，明确要求

参考例句：

• The trade contract stipulates for the settlement of balances in RMB. 贸易合同规定余额以人民币结算。 来自《现代汉英综合大词典》
• The contract stipulates for the use of seasoned timber. 合同上订明用干透的木料。 来自辞典例句

11 infringement   

n.违反；侵权

参考例句：

• Infringement of this regulation would automatically rule you out of the championship.违背这一规则会被自动取消参加锦标赛的资格。
• The committee ruled that the US ban constituted an infringement of free trade.委员会裁定美国的禁令对自由贸易构成了侵犯