由于权利人对涉案歌曲公证取证的过度简化,导致其未能举证证明被告的涉案行为符合侵害信息网络传播权行为的全部构成要件,二审法院据此认定其未尽证明责任。一审法院根据高度盖然性原则认定权利人通过嗅探软件下载涉案歌曲即可证明被告向公众提供了涉案歌曲,存在错误,二审法院予以纠正。 Due to the excessive simplification of the obligee’s notarization and evidence collection of the involved song, it failed to prove that the defendant’s involvement in the act complied with the entire constitutional elements of the infringement of the right to information on the Internet. Thus, the court of second instance held that it failed to prove its responsibility. According to the principle of high probability, the court of the first instance held that the obligee downloaded the song through sniffer software to prove that the defendant provided the public with the song in question and that there was an error and the court of second instance corrected it.