On December 26, the State Administration for Market Regulation determined that HowNet constituted two "Abuse of Dominant Market Positions" in the Anti-Monopoly Law, and made an administrative penalty decision in accordance with the law, ordering HowNet to stop illegal activities and punishing its sales in China in 2021. A fine of 5% of the total amount of 1.752 billion yuan, totaling 87.6 million yuan.
Regarding this punishment, some netizens said that the dust has finally settled. However, more netizens expressed their views on the amount of the fine, saying that "the fine is too small" and "too disappointing", and some netizens think that "HowNet's exploitation of all users is not limited to 2021", why only punish 2021 5% of annual sales in China?
In this regard, Zhao Dexin, a retired professor at Zhongnan University of Economics and Law, who is known as "the first person to leverage HowNet", said in an interview with "China Science Daily" that the amount of fines imposed by the State Administration for Market Regulation on HowNet "is a question that can be discussed." But this is not the most important thing. "The key lies in how to implement the follow-up rectification. As a knowledge exchange platform, how to truly protect intellectual property rights and knowledge innovation. This is the core of the country's innovation and development."
Zhao Dexin, Zhou Xiuluan and his wife. Photo provided by the interviewee
HowNet immediately released the rectification plan
Zhao Dexin: CNKI needs to be reborn
While making the decision on administrative punishment, the State Administration for Market Regulation also stated that it will adhere to the law and standardize and promote development equally, supervise HowNet to fully implement rectification measures and eliminate the consequences of illegal acts, and require HowNet to focus on the termination of exclusive cooperation, reduce user burdens, and strengthen internal cooperation. A comprehensive overhaul of regulations and management was carried out.
"China Science Daily" noticed that after receiving the punishment, HowNet immediately expressed its "sincere acceptance and resolute obedience" through its official public account, and released the "HowNet Rectification Plan", which "combines the needs of all aspects of society. Based on opinions and suggestions, HowNet has formulated 15 rectification measures in five aspects.”
"I think my proposition has been accepted." After reading the "HowNet Rectification Plan", Zhao Dexin told the "China Science Daily" that HowNet had communicated with him and his wife Zhou Xiuluan three times. The core appeal is to hope that HowNet can be transformed from a profiteering enterprise with a monopoly position into a service-oriented knowledge exchange platform. "I think this has been reflected in their rectification plan."
Zhao Dexin told the reporter that his proposition is consistent, that is, to guide the development of HowNet in accordance with the socialist market economic system. This requires: first, the labor created by the author should be respected, and the legitimate rights and interests of the creator should be protected by drafting agreements and contracts; second, the burden on users, especially vulnerable groups such as undergraduates and masters, should be reduced as much as possible; Third, we must also protect the legitimate profits of HowNet as a platform company, which means reasonable pricing, rather than taking advantage of monopoly status to make huge profits.
The reporter noticed that among the 15 rectification measures announced in the "HowNet Rectification Plan", 2 involved "thorough rectification and exclusive cooperation with journals and universities" in order to weaken their monopoly position; 6 involved "significantly reducing the price of database services." ", which is intended to reduce the burden on users; 3 articles involve "protecting the legitimate rights and interests of authors", focusing on "obtaining authorization from copyright owners according to law", "improving payment methods for manuscript remuneration", and "improving author service mechanisms" to protect creators' rights and interests.
"These rectifications are going to completely change CNKI." Zhao Dexin told reporters: "In other words, CNKI needs to make fundamental changes at present, from a monopoly profiteering enterprise to a service platform. This process must be very painful. Yes, because it also has shareholders and investors behind it, but whether HowNet can be successfully transformed is also the key to testing whether it is a 'real reform' or a 'false reform'."
"China Science Daily" learned that the parent company behind HowNet is the A-share listed company "Tongfang Shares", and the wholly-owned subsidiary of Tongfang Shares "Tongfang Knowledge Network (Beijing) Technology Co., Ltd. and its wholly-owned subsidiary jointly operate HowNet. The 2021 annual report and the third quarterly report of 2022 show that Tongfang shares have been in a state of "loss" for consecutive years.
HowNet once offered to relist its works
Zhao Dexin: The important thing is the details and specifications
It is worth noting that Zhao Dexin and Zhou Xiuluan’s legitimate rights and interests on HowNet’s platform are gradually being fulfilled through arguing with HowNet and going to court; while most of the silent authors, their works are still being infringed. In this regard, Zhao Dexin said in an interview that even though HowNet has been punished, it is still very difficult for most people to realize their rights protection.
Zhao Dexin mentioned that in his and his wife's rights protection case against HowNet, HowNet initially removed his papers and other works from the shelves, and then offered to put them on the shelves after losing the lawsuit. At present, the two sides have not fully reached a consensus.
"We don't think it makes much sense to simply restore the shelves." Zhao Dexin told the "China Science Daily": "It just shows that they are willing to correct their mistakes in this matter, but the key is to establish a normative thing, which is It involves how to set the price, how to implement the "Copyright Law", and how to implement the principles of the socialist market economy."
He said that these need to be implemented in more detailed terms to ensure respect for the labor achievements of authors, respect for knowledge innovation, and truly reflect the service nature of HowNet platform. He believes that these are exactly the directions that HowNet should rectify—how HowNet, as a national knowledge innovation sharing platform, can promote the implementation of the national innovation-driven development strategy.
"So I think the impact of this matter is very far-reaching. It is not only a problem of CNKI, but also a problem involving the role positioning of all knowledge platforms." Zhao Dexin told the "China Science Daily": "Knowledge platforms must Really return to the original intention when it was established."
At the end of the interview, Zhao Dexin expressed her gratitude to the legal circles, the media circles, and intellectuals from all walks of life through the "China Science Daily": "Without you, Mr. Zhou and I might not be able to get anything in return. At the same time, it also shows that the protection of intellectual property rights requires the joint efforts of the whole society."
When asked how his wife Zhou Xiuluan reacted to the news of CNKI being punished and rectified, Zhao Dexin said: "Teacher Zhou is also very happy like me."
