Tag Archives: internet service provider

Why Hainan Netcom Is Judged Infringement Liability for IP Addresses It Manages?

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(By Albert Chen) Hainan Netcom is an Internet Service Provider (“ISP”), but it also provides the content on the Internet. Even after the company failed todemonstrate that the IP address is used by a third party, and it fulfilled its obligation to check the content of the webpage, the company should still be liable for any corresponding infringement.

Case Summary:

Beijing Ciwen Filming Co., Ltd. (“Company C”) is the copyright holder of film Qi Jian (also known as “Seven Sword”) in mainland China. However, Company C discovered that Hainan Netcom hadbeen providing a link on its homepage (www.hai169.com) for its visitors to stream Qi Jian, without the authorization of Company C.As a result,in September of 2005, Company C filed a lawsuit against Hainan Netcom because it believed that Hainan Netcom had infringed upon its copyright.

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Why Hainan Netcom Is Judged Infringement Liability for IP Addresses It Manages?

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Abstract

(By Albert Chen) Hainan Netcom is an Internet Service Provider (“ISP”), but it also provides the content on the Internet. For the URL available on its web pages, the company should be obligated to take an even higher care with regards to its content. Even after the company fails to demonstrate that the IP address is used by a third party, and it has fulfilled its obligation to check the content of the webpage, the company should still be liable for any corresponding infringement.

Case Summary:

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Introduction and Interpretation of China’s Judicial Interpretation on the Right to Network Dissemination of Information, I

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Judicial Interpretation on the Right to Network Dissemination of Information, interpretation, analysis, Supreme People’s Court, Regulation on Several Issues Concerning Application of Law in Hearing Civil Disputes on the Right to Network Dissemination of Information, history, development, China Academy of Science, NCFC, NSFNET, copyright law, Interpretation on

(By You Yunting) On December 26 2012, China’s Supreme People’s Court published the “Regulation on Several Issues Concerning Application of Law in Hearing Civil Disputes on the Right to Network Dissemination of Information” (the “Network Interpretation”). The Network Interpretation came into effect on January 1, 2013. Therefore, in today and tomorrow’s posts, we are going to share an introduction and interpretation of the new regulation

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

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(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.

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Analysis on Application of Red Flag Rule in China

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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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What Legal Risks for Cloud Storage Providers in China?

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By Luo Yanjie

Recently, the 115 net disk (the “115.com”,Alexa Rank No.519), a famous cloud storage service provider (the “provider”) in mainland China shut down the sharing function of its product, and that has drawn the attention from the public media. With the shut down, the external network user could no longer download the resources from 115.com links, but 115.com replied that such a measure is to prevent the copyright risk and an action shall be taken sooner or later. Other main cloud storage providers in China like Dbank of Huawei, Kuaipan of Kingsoft (HKEX: 3888), the Vdisk of Sina (NASDAQ: SINA) still provide the content sharing service, and so far we have got no news whether they will follow 115.com in the future. Then what risks may online disk providers face for copyright infringement? The following are our opinions on it.

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Music Industry’s Revision Suggestion to Drafted Copyright Law, II

The exposure draft of revised Copyright Law (the “Draft”) has gained wide attention among the public after its publication on the website of the National Copyright Association of China (NCAC). One of the reasons contributing to the heated discussion is the articles possibly damaging the interests of musicians who have expressed their strong opposition to the Draft.

In recent, the Record Committee of China Audio & Video Association (CAVA) affiliated to General Administration of Press and Publication of PRC has made their suggestions to the modification on the Draft. To the introduction on the website of CAVA, it has more than 520 member units that are engaged in audio-video production, duplication, distribution and marketing. The member units have not only the largest state record corporation, audio-video press, but also the best music-make corporation, distribution and marketing corporation and the large chain marketing corporation at home. Under CAVA there are several working committees such as distribution, record, disc, educative publishing, digital audio-video and china marketing committee. And the Record Committee making the suggestion this time is the working committee of the CAVA.

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Music Industry’s Revision Suggestion to Drafted Copyright Law, I

The exposure draft of revised Copyright Law (the “Draft”) has gained wide attention among the public after its publication on the website of the National Copyright Association of China (NCAC). One of the reasons contributing to the heated discussion is the articles possibly damaging the interests of musicians who have expressed their strong opposition to the Draft.

In recent, the Record Committee of China Audio & Video Association (CAVA) affiliated to General Administration of Press and Publication of PRC has made their suggestions to the modification on the Draft. To the introduction on the website of CAVA, it has more than 520 member units that are engaged in audio-video production, duplication, distribution and marketing. The member units have not only the largest state record corporation, audio-video press, but also the best music-make corporation, distribution and marketing corporation and the large chain marketing corporation at home. Under CAVA there are several working committees such as distribution, record, disc, educative publishing, digital audio-video and china marketing committee. And the Record Committee making the suggestion this time is the working committee of the CAVA.

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China Supreme Court’ s Advanced Judge Commented on Microblog Copyright Protection

As reported by Beijing News, Judge Kong Xiangjun, the head of third adjudication division of IPR cases in Supreme People’s Court, stated that the hearing standard of Weibo copyright conflict shall by those for general cyber copyright conflict.

According to the previous judicial interpretation from the Supreme People’s Court, it demanded the court to balance the interest among the oblige, ISP and social public, for one hand the cyber copyright protection shall be strengthened, and also the hearing shall promote the innovation and the business model development to ensure the social public interest.

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