Tag Archives: safe harbor principle

Why Wasn’t Baidu Library Protected Under Safe Harbor Principle?

Posted on by
baiduwenku

(By Luo Yanjie) In our previous post Baidu Library Ordered to Pay Huge Huge Compensation on for Copyright Infringement, we discussed the amount of the compensation in the case of Beijing China Youth Book Inc. vs Baidu Library. Yesterday, we found out the reasoning and judgment held by Beijing No.1 Intermediate People’s Court. Thus, in today’s post we will analyze the legal basis about this case from the perspective of the judgment.

Introduction to the Case:

Plaintiff: Beijing China Youth Book Inc. (the “Youth Book Inc.”)

READ MORE

Baidu Library Makes Huge Compensation on Copyright Infringement for Publishing Press

Posted on by
baiduwenku

(By You Yunting) Recently, in the proceeding litigation alleging copyright infringement, Beijing China Youth Book Inc. vs Baidu Library, the Beijing No.1 Intermediate People’s Court issued a judgment requiring that Baidu compensate Beijing China Youth Book Inc. 350,000 Yuan. When compared with the 20,000 Yuan compensation required for a pirated movie, the ordered compensation is much larger than expected. This simultaneously reflects the strengthening of legal sanctions against internet copyright infringement and suggests that the standard on which copyright infringement compensation is judged lacks rationality in China.

READ MORE

Could NetDragon’s Providing Plants vs Zombies 2 Be Protected under the Safe Harbor Principle?

Posted on by
13734375027257

(By You Yunting) In recent days, Plants VS Zombies 2, the sequel to the global hit game Plants VS Zombies, came on the market in Apple’s AppStore in Australia. Afer initial release, millions of users downloaded the app from the Australia store. In China, however, the situation is quite different. As reported by the media, within the first 24 hours of the game’s release, many unlocked versions of the application were uploaded to third party media providers, like ZS91.com, and that the encrypted in-game items had been cracked.

READ MORE

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

Posted on by

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

READ MORE

Analysis on the Assumption of Liability in the Serv-U Infringement Lawsuit in China

Posted on by

(By Luo Yanjie) Serv-U is a kind of widely adopted FTP server terminal software, and its main function is to help the transmission of documents on websites. Because the software is relatively small and the normal user has no way to sense the server terminal, many domestic websites in China are now using pirated Serv-U. For this reason, Rhino Software Inc., the developer of Serv-U has been continuously fighting against the piracy of its software, a story which has recently been widely reported. The list of companies sued includes LockLock from South Korea, as well as Netac and eMule, among others. The compensation claimed in these cases ranges from half a million yuan to 1.99 million yuan.

READ MORE

China Court: AppStore Could Not Enjoy Safe Harbor Principle in Apple VS. Writer Alliance (Updated)

Posted on by
u=1734199546,1181443474&fm=23&gp=0

(By You Yunting) Update: Apple made the following statement to the recently made court decision:

In AppStore, Chinese users could get more than 700,000 best apps from Apple developers. And as a holder of intellectual property, it has always been Apple’s awareness the importance of IPR protection, and thereby we carefully treat each infringement complaint. Apple cherishes the opinions and advices put forward by China Written Works Copyright Society, China Writers Association and Internet Society of China. For a better aid to the right protection of the content owners, Apple would continue improving the service quality.

READ MORE

Legal Analysis on Apple’s Lose in APP Store Infringing Contents of Beijing Litigation

Posted on by

By Luo Yanjie

Recently, a reporter of TechWeb interviewed You Yunting of our website about issues of Apple providing infringing content as follows:

1, Lots of China writers have sued Apple Inc because its App Store violated their copyright; Encyclopedia of China Publishing House (EPCH) win the case and get 520,000 as compensation. How do you see this kind of cases? Can it become the flag case of mobile Internet copyright?

Personally think it is more suitable to say that it is a flag case for APP Store of Apple, the main significance is as follows:

READ MORE

Why China Is Not Among Top 20 Countries of Pirated Music Download?

Posted on by

By You Yunting

Musicmetric, a website in USA, published the top 20 countries of pirated music download, yet to most ones’ astonishment, China is not found on the tally, who is commonly accused of granting least protection on IPR. Then what contributes to the surprising result? In today’s post, you could find our answer to it.

I. Most online music services are using the copyrighted ones

Unlike chargeable music download in iTunes or through P2P in USA, most users in China tend to get their free music by search engine, or download or listen to them by music software. The most popular music service now in China is from Baidu (NASDAQ: BIDU) and Tencent (SEHK: 700), whose music library is mostly licensed by the main recorders around the world.

READ MORE

Analysis on Application of Red Flag Rule in China

Posted on by

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

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

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.

READ MORE

Why It Is Not Easy to Combat QVOD Copyright Infringement?

Posted on by

By Luo Yanjie

Most right holders of video in China are unsatisfied with a company named QVOD (the “QVOD Company”). Because anyone can use the QVOD Company’s web establishment scheme and the QVOD (the software of QVOD Company) to build a web to stream videos for users, and it has resulted in the wide spread of pirated works, while the right owners could not find the owner of websites in their right protections. Then, by view of law, is the QVOD infringing others’ rights? And what liabilities shall it take accordingly? The following is our analysis on it:

READ MORE

App Store: Duty Free for Safe Harbor Principle in China?

Posted on by

By You Yunting

In March of 2012, 22 Chinese authors filed a lawsuit against Apple in Beijing No.2 Intermediate People’s Court and claimed  compensation of more than ten million. In the case, the plaintiffs stated that their works have been adapted into apps used on iPhone, iPad and iPod Touch, free of being charged at App Store. The case is the first lawsuit with the operator of App Store being the defendants, and will produce a prominent influence on the newly developed online store, which was launched in 2008 and with more than 360 million users . Now the litigation is under the spotlight, and this essay is focusing on the legal status of Apple and the defects in the process complaints of the store.

READ MORE

What Legal Risks for Cloud Storage Providers in China?

Posted on by

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.

READ MORE