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

READ MORE

How to Determine Infringement Conducts in Copyright Disputes in China Courts?

(By Luo Yanjie) The Getty Images (Beijing) Co., Ltd. (hereinafter “Getty”) provided the court with a product brochure naming defendants Shanghai Shuote Co., Ltd. (hereinafter “Shuote”) and Shanghai Yikang Co., Ltd. (the “Yikang”). Getty claimed that the brochure was procured from the 6th International Tire Exhibition in Shanghai during 19th to 20th of May 2009. The defendant argued that they had neither printed nor used the brochure. However, the plaintiff provided substantial evidence to prove that the brochure could only have been printed by the defendant; regardless, the defendants failed to provide any explanation proving otherwise. On the other hand, the court had solid reasons to presume both defendants had engaged in the printing and using of the brochure.

READ MORE

Tonghuashun VS. Wind and the Judgment Standards for Software Copyright Infringement in China

(By Luo Yanjie) Recently, Wind Information Co., Ltd (“Wind Info”), a well-known stock speculation software developer in mainland China, made an official announcement that it would sue its competitor Zhejiang Hexin Tonghuashun (300033) to seek RMB 99.22 million yuan in compensation. According to Wind’s spokesman, “more than ninety-nine percent of its software’s function has been copied by Tonghuashun without any changes, including data, organizational structure, column names, connection mode, index, function, text interpretation, parameters, interface, operation or transfer method, and etc.” At present, the ninety-nine percent figure claimed by the spokesman refers to the interface, operation, or transfer method and database. Even if this claim is true, it is still not certain that Tonghuashun has infringed because the judgment of infringement depends on comparison of the source code of both parties’ software. Today, we would like to share the following information on the protection of software copyrights:

READ MORE

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.

READ MORE

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):

READ MORE

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:

READ MORE

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:

READ MORE

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,

READ MORE

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.

READ MORE