Symantec Corporation Uses both Criminal and Civil Methods to Defeat Piracy in China


    (By You Yunting) It is well known that China is facing a serious problem over piracy. When claiming for his enforcement over cases suspected to involve criminal offences, the right holders often report to the Police attempting the use of criminal laws to strike with piracy. Furthermore, in accordance with Chinese laws and regulations, upon the completion of criminal proceeding, the party against the piracy may, on the basis of criminal judgment paper, file civil lawsuits against the pirated to receive compensation. Today we will introduce a case concerning Symantec Corporation’s enforcement against the pirated party, where Symantec Corporation instituted lawsuits against the pirated, as well as the companies which contributed to make pirated CDs and print the envelopes of the pirated software. As such, its lawsuits and claims are being backed by Shanghai courts.


When Could “Fair Use” Other’s Works in China?

By Albert Chen

Techdirt recently reported the US court has adopted scanning within the scope of fair use, and by China Copyright Law, the library could also make a special copy or digitalize its collection, as well as the communication. Today, we would introduce the statutory license in Chinese legislature.

As known to us, the using of others work demands the right owner’s consent and the payment of the royalty (unless no payment as approved by the right owner). But as aiming to promote the cultural development, the emphasis on the exclusive right protection could only damage the spread-out of the culture and information. Thus, in addition to the protection, we also see Copyright Law regulates the “fair use” of the works, under which the using by a third party shall not be approved by the right owner or to pay the royalty.


Why the Cybercafé could be Exempted from the Liability of Pirate Video Broadcast?

By You Yunting

In the past few days, a Beijing court published a case (note: the link is in Chinese) involving a cybercafé who has purchased the Video-on-demand (VOD) system, and that made the court refuse the claims of the plaintiff though the right holder proved the piracy in the VOD. Company, a professional video system provider to cybercafé invested by IDG and Disney, detected the pirated TV drama against its copyright in the video system of a cybercafé. And then, the right holder filed a lawsuit against the piracy. The cybercafé afterwards argued that the system was purchased by it from Hero Inc. Company, who is a third party video provider, and in that transaction, both parties has agreed that all the copyright dispute shall be handled by Hero Inc.. Moreover, all the contents in the system are updated and ciphered by Hero Inc. with remote control, thus the cybercafé could not delete any videos in it. In the lawsuits, expressed no intention to add Hero Inc. as the co-defendant and make no claim thereby.


The Copyright Dilemma of the Online Literature Industry in China


Highlights: The online literature in China is jeopardized by piracy. And for the safe harbor rules and massive uploading by netizens, such long-standing could not be effectively combated. Bridge IP Commentary will make analysis on such phenomenon.

In 2010, Shanda Literature (“Shanda”) sued Baidu over pirated literature works on mobiles net and its refusal to delete such works upon the complaint from Shanda. To Shanda’s claim, Baidu holds that it has removed the infringed part while others are examined of no infringement, and it shall take no liability hereby. Baidu was sentenced to take the liability in first instance, and then appealed but withdrew the suit at the end. Thus Baidu shall compensate Shanda RMB 500,000 yuan by the effective decision of the hearing. In this essay, Bridge will analyze the case and legal issues concerning the development of the original literature on the internet in China.