Is It Illegal for the SARFT to Prohibit Installing Youku and Iqiyi in Internet Cable Box?

广电总局

Is It Illegal for the SARFT to Prohibit Installing Youku and Iqiyi in Internet Cable Box?

–Analysis on the Prohibition of Installing Youku App and Iqiyi App on the Internet Cable Box

(By You Yunting) According to some media reports, the State Administration of Press, Publication, Radio, Film and Television (the ”SARFT”) issued a rule to local administrations requesting to delete Youku App, Iqiyi App, Sohu App and browsers from Wasu Box and Internet cable Set-top boxes (the “boxes”), which enables users to support TV, games, online video, music and photos. At first glance, i was astonished how it could be called boxes if without Youku App, Iqiyi App and browsers. However, Hangzhou Wasu Digital TV Media Group confirmed receiving the rule shortly after the reports came out. That being the condition, we would like to analyze the rule.

READ MORE

Why No Solution to “Box Office Stealing” under the Current Laws in China?

728da9773912b31bf66a46478618367adbb44aed2e73c966

(By You Yunting) Abstract: the author was interviewed: is “box office stealing” mainly a result of a defect in GAPP’s legislature (the General Administration of Press and Publication) and SARFT (State Administration of Radio, Film and Television)? For this issue, the author’s opinion is that the administration and governance over the film industry is the real reason this problem arises, because there is really no way this would happen otherwise, and its unlikely those right holders would try to protect their rights, making the aggressive parties even more aggressive. Thus we would only see the bad drives out the good.

READ MORE

Publishing Regulation from GAPP: Make Most Chinese Websites Illegal in Their Operation

(By You Yunting) Several days ago, the author wrote an essay “Is It Illegal for Amazon.cn Running Kindle Store with A License Borrowed from Business Cooperation?” And in recent, the Office of Legislative Affairs of the State Council published the news that, the General Administration of Press and Publication (the “GAPP”) is working with other departments drafting the exposure draft of Management Measures of Online Publish Service (the “Measures”) (note: the link is in Chinese). According to the Measures, the foreign invested company shall not engage themselves in the online publishing. The domestic publishing units shall report their cooperation with foreign companies in the service of online publishing. For this reason, once the Measures would come into effect, the Amazon, a foreign invested company, would have no access to participate in the business concerning the online publishing service, and its cooperation with Chineseall.com shall be reevaluated for the security by the administration.

READ MORE

Which Copyright Should Internet TV Operators Purchase?

Analysis on the Prohibition of Xiaomi Box and Legal Issues Concerning Internet TV

(By You Yunting) Recently, Xiaomi Tech (the “Xiaomi”), a thriving Chinese smart phone maker, released its “Xiaomi Box” (the “Box”), which enables the user to play online video on their television. Moreover, it also supports TV, games, music, and photos. Strangely, however, the Box ceased its video service under the claim of system maintenance only one week after its release.

According to some media reports (note: the link is in Chinese), the Box is a kind of set top box, and according to the rules of the State Administration of Radio, Film and Television (“SARFT”), such products must first be administratively approved before they can be used in online TV. Despite the cooperation made with WASU, other content available from Xiaomi’s box, such as video from Sohu, Tencent, PPTV, or iFeng are against Notice No. 181 issued by SARFT, which regulates that each set top box can only provide content from licensed video providers.

READ MORE

Legal Analysis on Program Format Protection

By Luo Yanjie

China’s Got Talent broadcasted on Dragon TV has seen its 4th season this year, and during the past couple years, the show has been one of the most popular interactive reality TV shows in China. The main reason contributing to the show’s success is its high production level and the claimed license from British copyright owner which makes the program the true Talent like its British and American equivalents. However, in fact, Dragon TV’s statement is not legally accurate by China Copyright Law for the show is kind of transfer of the British program format. Today, the essay will tell you shall the program format be protected by law and what kind protection it is.

READ MORE

Why SARFT’s Order for Price Limit on Movie Ticket Daily Deal Is Illegal?

As reported, the State Administration of Radio, Film & Television (“SARFT”) has issued the Exposure Draft of “The Guideline on The Further Regulation of The Movie Tickets Management” (the “Exposure Draft”) to its affiliated industry associations, which says that the price of the member ticket, group ticket and the preferential ticket shall not be less than 70% of the listed price in the cinema. The regulation has aroused wide argument for it focusing on the heating ticket group buying business. In our opinion, the Exposure Draft is to establish the price cartel, which is suspected to violate the Price Law, Anti-trust Law and Anti Unfair Competition Law. And the following is the opinions from Bridge IP Law Commentary: (the image above is the logo of NUOMI.COM, the first daily deal website selling movie ticket in China)

READ MORE

Why Youku is Reluctant to Delete The Infringing Video as Alleged by Tudou

Several Common Knowledge in Law concerning the Conflict between Tudou and Youku in China

Recently, two biggest video sharing portals in China are embroiled in the copyright dispute of some hit dramas. And it’s triggered by Tudou (NASDAQ: TUDO) ’s accusation of Youku pirating the entertainment show Kang Xi Lai Le with Tudou owns its exclusive cyber copyright in China, and Youku (NYSE: YOKU) ’s refusal on the deletion after Tudou’s allegation. Following that, Youku stated that Tudou had been long pirating its copyrighted films and television programs. According to the latest statement from the both sides, both parties have filed the lawsuit, and Tudou has made complaint to the industry association. The post of Bridge IP Law Commentary today will analyze several common knowledge in law, and give our answer on Youku’s reluctance to delete the infringing video as alleged by Tudou.

READ MORE

A Battle of Vague Justice or for a Brighter Future?

analysis on the copyright dispute between video-sharing giants Tudou vs Youku in China

Bridge IP Law Commentary will post two comments on the copyright conflict of the entertainment show “Kang Xi Lai le” between Tudou (NASDAQ: TUDO) and Youku (NYSE: YOKU), two China video sharing giant in China. The first post is from Attorney Albert Chen.

The hottest news hitting the headline of IT news in China these days may be the battle between Youku and Tudou, who are the top two online video providers in mainland China. The war was triggered by Youku’s streaming of Kang Xi Lai Le (the “Show”), a popular entertainment show from Taiwan, which is claimed by Tudou of piracy and against its exclusive right of the show in China.

READ MORE