For What Reason Should an E-Group Administrator Be Brought to Account for an Unauthorized Piece of Work Transmitted through the E-Group: Indirect or Direct Infringement?

(By Albert Chen)Last year Beijing Intellectual Property Tribunal dealt with an infringement case involving a QQ group and made the same decision as the first-trial court that the group’s administrator should be responsible for the infringement, but with different reasons. Detailed analysis of differences in the reasons for decision given by the two courts will help you answer the question of whether the group administrator should be brought to account for direct or indirect infringement.

Case Introduction

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Linking Copyrighted Movies Constituted Non-infringement

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(By Luo Yanjie) Recently, our team represented a client who developed an App offering a linking service, in an infringement case over the linking of a copyrighted video on the mobile internet. The court made a final judgment in favor of our client, on the grounds that the safe harbor principle applied in this case. In today’s post, we will introduce this case below.

Introduction to the Case:

Plaintiff: China Film Media Asia Audio Video Distribution Co. Ltd (the “China Film Media Co. Ltd”)

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Why Wasn’t Baidu Library Protected Under Safe Harbor Principle?

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(By Luo Yanjie) In our previous post Baidu Library Ordered to Pay Huge Huge Compensation on for Copyright Infringement, we discussed the amount of the compensation in the case of Beijing China Youth Book Inc. vs Baidu Library. Yesterday, we found out the reasoning and judgment held by Beijing No.1 Intermediate People’s Court. Thus, in today’s post we will analyze the legal basis about this case from the perspective of the judgment.

Introduction to the Case:

Plaintiff: Beijing China Youth Book Inc. (the “Youth Book Inc.”)

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Would Those First Users Involved in OEM Constitute Trademark Infringement?

(By Albert Chen) The author once introduced readers to different judicial opinions adopted in the Shanghai and Guangzhou courts over whether trademark infringement could be caused by an OEM. According to a ruling handed down by the Fujian Higher People’s Court in 2012, which came to the attention of the author recently, the judge confirmed that an OEM could lead to trademark infringement, but decide at the same time that no liability shall be taken by the first user of the mark, for no confusion would be made. As for that point, the author certainly has a different opinion.

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Would Those First Users Involved in OEM Constitute Trademark Infringement?

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(By Albert Chen) The author once introduced readers to different judicial opinions adopted in the Shanghai and Guangzhou courts over whether trademark infringement could be caused by an OEM. According to a ruling handed down by the Fujian Higher People’s Court in 2012, which came to the attention of the author recently, the judge confirmed that an OEM could lead to trademark infringement, but at the same time, the court also decided that no liability shall be taken by the first user of the mark, for no confusion would be made. As for that point, the author certainly has a different opinion.

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Analysis on the Assumption of Liability in the Serv-U Infringement Lawsuit in China

(By Luo Yanjie) Serv-U is a kind of widely adopted FTP server terminal software, and its main function is to help the transmission of documents on websites. Because the software is relatively small and the normal user has no way to sense the server terminal, many domestic websites in China are now using pirated Serv-U. For this reason, Rhino Software Inc., the developer of Serv-U has been continuously fighting against the piracy of its software, a story which has recently been widely reported. The list of companies sued includes LockLock from South Korea, as well as Netac and eMule, among others. The compensation claimed in these cases ranges from half a million yuan to 1.99 million yuan.

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Analysis on Application of Red Flag Rule in China

By Luo Yanjie

Recently, Shanghai No.2 Intermediate People’s Court issued “Investigation Report about Infringement of Right of Information Network Dissemination in the Area” which introduces the application of “red flag” principle in China. Today we would like to share the topic with readers as follows:

I. The basic concept of “red flag” principle

Red flag” principle is an exception of “safe harbor” principle. It means if the fact of infringement obviously like a “red flag” flying, network service providers cannot pretend not to see, or to shirk responsibility as not knowing. In this premise, even if the right people have issued a notice, the court should also identify the Internet service provider is aware of third party’s infringement and shall bear tort liability.

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Music Website in China: What Influence from Latest Copyright Law and Judicial Interpretation

Recently, the exposure draft of Copyright Law PRC (the “Exposure Draft”) has been the hot topic of the public, and also there comes the argument on the modification of some articles. In last week (20th April, 2012), the Supreme People’s Court released the Regulations on the Several Issues on the Law Application in Hearing the Civil Dispute of Infringement against the Right of Information Communication by Nerworks (exposure draft) (the “Judicial Interpretation”), and the document mainly intends to make kind of interpretation on the application of the right of information communication by networks. Then, what influence will come to local music websites shall both the Exposure Draft and the Judicial Interpretation are passed? The following is our opinions on it (the picture is the logo of QQ Music, one of the main music website in China):

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Hinder or Protection? The Role of Law in Internet Development

Suggestions on the draft of Copyright Law Judicial Interpretation in China, II

Currently, it’s argued heatedly in America that whether SOPA and PIPA shall be passed, and on the other side of the world the Judicial Interpretation on Cyber Copyright is under drafting by Supreme People’s Court in China. Will the new interpretation meet the demand of the development of internet or bring a more rigorous regulation? That catches the eyes of the public. Bridge IP Law Commentary will give our suggestion on the judicial interpretation in three posts, and today is the second one of the series:

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China Cyber Infringement and Current Status of IP Protection

Suggestions on the draft of Copyright Law Judicial Interpretation in China, I

Currently, it’s argued heatedly in America that whether SOPA and PIPA shall be passed, and on the other side of the world the Judicial Interpretation on Cyber Copyright is under drafting by Supreme People’s Court in China. Will the new interpretation meet the demand of the development of internet or bring a more rigorous regulation? That catches the eyes of the public. Bridge IP Law Commentary will give our suggestion on the judicial interpretation in three posts, and today is the first one of the series:

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Analysis on the Legal Nature of Registration Code Cracking Software in China

The cyber age is a big challenge to the company like Microsoft, Adobe and Autodesk whose income mainly comes from the stand-alone software, for any netizen could get access to the copyrighted software easily through internet.

To prevent the easy software copy and pirating, the company tends to use the registration code or serial number for the software activation, or to adopt the DRM (digital right management) technology. However, a new problem is probably arousing after the old is settled, the solution of cracking is developed for such registration codes. Bridge IP Law Commentary today will analyze the legal responsibility for such cracking,

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Should Apple Bear Liability for Infringing Contents in App Store?

Highlights:Two software developers was sentenced to bear the compensation liability recently in Beijing for the infringing gadgets in Apple App Store. Bridge IP Commentary will introduce you the liabilities Apple may take in such case.

Recently, a case concerning the alleged video infringement in App Store is sentenced by a local Court in Beijing, in which the LeTV Information and Technology (Beijing) Co., Ltd. (the “LeTV”, SZSE: 300104) found a TV series with the right to network dissemination of information reserved by it played on a software available from the App Store and then filed a suit against the two companies developing and operating the software. The first instance’s decision supported the claim of LeTV with the sentence of the compensation of RMB 40,000.

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