A Analysis of the Law of First Instance on the QVOD-After Discussing with Several Experts

The Qvod techonology CO.LTD is considered to be a web content provider due to the special features of its fast-Qvod player components-central dispatch servers and cache accelerators,and is thus considered to constitute the crime of spreading pornographic material. There is a logical problem with this conclusion. The central dispatch server is only the software and tools controlled by the user. The cache server is a "transit station" that helps information transmission instead of a "warehouse" that stores information, so the Qvod techonology CO.LTD is actually a network platform provider. Its behavior is consistent with the characteristics of neutral help behavior and is also in line with the principle of technology neutrality. The Qvod techonology CO.LTD did not participate in the dissemination of obscene video, there is no indirect intention, there is no implementation as a crime; at the same time the Qvod techonology CO.LTD does not have a guarantor status, does not bear the criminal law as an obligation. It is also not "being aware" of the behavior of specific users spreading obscene videos, nor can they be treated as innocent criminals and should be treated as innocent. The Qvod techonology CO.LTD case reveals China's strategy of ensuring network information security through strong management and control of network service providers. Judicial conviction and criminal conviction in the judicial organs are detrimental to the justice of the judiciary and are worthy of careful consideration.