摘要:网络有偿删帖这两年一直是互联网业备受诟病的灰色地带。 海淀检方日前披露了一起百度员工私自删帖涉嫌受贿的案件:半个月内,涉案人员通过内外勾结,外放删帖权的方式,非法获利6.74万元。目前,涉案人员已经被正式批捕,并可能面临五年以下有期徒刑。

A Declaration of the Independence of Cyberspace

Creative Commons Licensed

by John Perry Barlow <barlow@eff.org>

Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather.

We have no elected government, nor are we likely to have one, so I address you with no greater authority than that with which liberty itself always speaks. I declare the global social space we are building to be naturally independent of the tyrannies you seek to impose on us. You have no moral right to rule us nor do you possess any methods of enforcement we have true reason to fear.

Governments derive their just powers from the consent of the governed. You have neither solicited nor received ours. We did not invite you. You do not know us, nor do you know our world. Cyberspace does not lie within your borders. Do not think that you can build it, as though it were a public construction project. You cannot. It is an act of nature and it grows itself through our collective actions.

You have not engaged in our great and gathering conversation, nor did you create the wealth of our marketplaces. You do not know our culture, our ethics, or the unwritten codes that already provide our society more order than could be obtained by any of your impositions.

You claim there are problems among us that you need to solve. You use this claim as an excuse to invade our precincts. Many of these problems don’t exist. Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract . This governance will arise according to the conditions of our world, not yours. Our world is different.

Cyberspace consists of transactions, relationships, and thought itself, arrayed like a standing wave in the web of our communications. Ours is a world that is both everywhere and nowhere, but it is not where bodies live.

We are creating a world that all may enter without privilege or prejudice accorded by race, economic power, military force, or station of birth.

We are creating a world where anyone, anywhere may express his or her beliefs, no matter how singular, without fear of being coerced into silence or conformity.

Your legal concepts of property, expression, identity, movement, and context do not apply to us. They are all based on matter, and there is no matter here.

Our identities have no bodies, so, unlike you, we cannot obtain order by physical coercion. We believe that from ethics, enlightened self-interest, and the commonweal, our governance will emerge . Our identities may be distributed across many of your jurisdictions. The only law that all our constituent cultures would generally recognize is the Golden Rule. We hope we will be able to build our particular solutions on that basis. But we cannot accept the solutions you are attempting to impose.

In the United States, you have today created a law, the Telecommunications Reform Act, which repudiates your own Constitution and insults the dreams of Jefferson, Washington, Mill, Madison, DeToqueville, and Brandeis. These dreams must now be born anew in us.

You are terrified of your own children, since they are natives in a world where you will always be immigrants. Because you fear them, you entrust your bureaucracies with the parental responsibilities you are too cowardly to confront yourselves. In our world, all the sentiments and expressions of humanity, from the debasing to the angelic, are parts of a seamless whole, the global conversation of bits. We cannot separate the air that chokes from the air upon which wings beat.

In China, Germany, France, Russia, Singapore, Italy and the United States, you are trying to ward off the virus of liberty by erecting guard posts at the frontiers of Cyberspace. These may keep out the contagion for a small time, but they will not work in a world that will soon be blanketed in bit-bearing media.

Your increasingly obsolete information industries would perpetuate themselves by proposing laws, in America and elsewhere, that claim to own speech itself throughout the world. These laws would declare ideas to be another industrial product, no more noble than pig iron. In our world, whatever the human mind may create can be reproduced and distributed infinitely at no cost. The global conveyance of thought no longer requires your factories to accomplish.

These increasingly hostile and colonial measures place us in the same position as those previous lovers of freedom and self-determination who had to reject the authorities of distant, uninformed powers. We must declare our virtual selves immune to your sovereignty, even as we continue to consent to your rule over our bodies. We will spread ourselves across the Planet so that no one can arrest our thoughts.

We will create a civilization of the Mind in Cyberspace. May it be more humane and fair than the world your governments have made before.

Davos, Switzerland

February 8, 1996












由于互联网中的网页不计其数,网页快照和与之对应的原网页的内容因技术原因无法达到绝对同步,但两者间的刷新延时应在一个合理期限内。如果原网站中的某网页已被修改、删除或屏蔽多时,而搜索引擎怠于保持与原网站的同步,仍在提供该网页的快照,则网页快照已失去了其合理存在的基础,网页快照服务已经从一种技术服务转化成一种信息提供服务,网页快照提供者应当承担相应的法律责任。本案中,王路提交的证据仅显示雅虎公司提供了载有涉案作品网页的快照,但未反映出原网页此时的状况,无法证明雅虎公司提供涉案网页快照时原网站经营者已经修改了原网页的内容或删除、屏蔽了原网页,亦无法进一步从时间上证明雅虎公司提供网页快照已经超过了合理期限。故王路所提交的证据不足以证明雅虎公司在原网站已经修改、删除或屏蔽载有涉案作品网页的情况下,仍长期提供针对原网页的网页快照。 继续阅读王路诉雅虎网页快照案二审判决










  1. 抛开公司产品和服务的特点、抛开公司内部管理,直接由外部律师起草网站服务协议;
  2. 不从自身具体情况出发,直接照搬他人的网站服务协议;
  3. 只懂得在协议里加强自己的权利,逃避对用户的责任,根本不顾用户体验及用户利益;
  4. 设定表面对自己有利其实无用的“显失公平的条款”;
  5. 不懂得将服务理念渗入协议内容中;
  6. 设定可以单方面随意修改服务协议的条款;
  7. 协议的制订过程,没有各部门或核心业务人员、技术人员的参与;
  8. 没有内部管理流程以及售后服务流程的配套,制订没有可执行性的内容;
  9. 缺乏对业务及相应法律的长期研判,制订的协议内容在大势变动下面临不断需要修改的状况;
  10. 只知道让用户在注册时点击同意就以为万事大吉的协议告知及协议利用方式。




作者:Timothy B. Lee


摘要:美国联邦法官Harold Baer作出裁决,图书馆为Google提供图书扫描数字化的行为受到版权法的合理使用原则保护。这是上周Google与大型图书出版商达成和解后的又一胜利,虽然此案的被告是图书馆而不是Google。Google图书数字化项目的图书大多来自合作的大学图书馆,当Google扫描完一本图书后,它会为图书馆提供该书一个扫描版和文字版,图书馆然后将数字文件保存到Hathitrust Digital Library库中,用于保存、全文搜索和残疾用户访问。(Solidot