joint infringement liability Archives - Bridge IP Law Commentary

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

Posted on February 28, 2013 by yytbest

Today, we are going to continue our interpretation of the “Regulation on Several Issues concerning the Application of Law in Hearing Civil Disputes on Infringement against the Right to Network Dissemination of Information” (the “Network Interpretations”), basing on the review over the legislature on the right of information communication by networks in China:

Part II, Explanation of Network Interpretations

1. PSP users cannot claim to be free of liability on the basis of a personal use defense.

Regulation on Several Issues concerning the Application of Law in Hearing Civil Disputes of Infringement against Information Network Broadcasting Rights by the Supreme People’s Court

Posted on February 22, 2013 by yytbest

Adopted at the 1561^st Session of the Judicial Committee of the Supreme People’s Court on November 26, 2012, and came into effect from January 1, 2013.

For the purpose of correctly trying civil disputes of infringement of information network broadcasting rights, lawfully protecting the right of information network communication, promoting the healthy development of the information network industry and maintaining the public interest, according to the General Principles of Civil Law of the PRC, the Tort Liability Law of the PRC, the Copyright Law of the PRC, the Civil Procedure Law of the PRC and other relevant laws and regulations, in combination with civil trial practice, the regulation is made as follows:

Encyclopedia vs Apple: Why AppStore Could Not Ship into Safe Harbor?

Posted on September 28, 2012 by yytbest

By You Yunting

As reported by media, Beijing No.2 Intermediate People’s Court made the first instance decision for infringement claims made by Encyclopedia of China Publishing House (Encyclopedia) agains Apple’s AppStore. With the decision, Apple shall compensate Encyclopedia RMB 520, 000 yuan and immediately cease the infringement. In current, no intention to appeal has been expressed by Apple.

Case: Encyclopedia discovered Apple’s user could purchase and download apps of its copyrighted works, which could be read in iPhone and iPad. With the anger of the infringement, Encyclopedia filed a lawsuit against Apple, who counter-stroke that the actuall operator of AppStore is a company registered in Luxembourg, not Apple. And Apple provided no services in the process of software uploading, and therefore Apple shall be with no engagement in the dispute.

No Infringement of SONY TV’s Unauthorized Cartoon Playing

Posted on July 5, 2012 by You Yunting

By Luo Yanjie

In our past post “How Sony Can Avoid Copyright Risk”, we gave our legal opinion in the copyright infringement charged against SONY. And in that case, SONY integrated the function of networking in a type of its TV products, by which the consumer could watch the cartoon produced by an animation company after registering its TV and the application for an account on an appointed websites under the instruction of SONY. The animation company sued SONY and the website in Beijing after detaining the infringement.

Should Apple Bear Liability for Infringing Contents in App Store?

Posted on October 20, 2011 by You Yunting

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.

How Sony Can Avoid Copyright Risk?

Posted on October 10, 2011 by You Yunting

Highlights: The article analyzes the case that SONY sued for the infringing content of internet Video-On-Demand service integrated in TV set and the provisions of port principles in China Copyright Law.

It is reported that SONY (TYO: 6758, NYSE: SNE), along with a VOD website, was sued by a Chinese cartoon company (the “copyright owner”), and Beijing Dongcheng District People’s Court has accepted the suit.

As news reports, the copyright owner claimed that SONY integrated the internet unicast service software in certain type of its TV set. Furthermore, with SONY’s TV set instruction, the consumer could watch the content of infringing program after registering the serial number of TV online and an account with a website in sequence.

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Tag Archives: joint infringement liability

Encyclopedia vs Apple: Why AppStore Could Not Ship into Safe Harbor?

No Infringement of SONY TV’s Unauthorized Cartoon Playing

Should Apple Bear Liability for Infringing Contents in App Store?

How Sony Can Avoid Copyright Risk?