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(1) In this case, the BBS operated by the defendant “178.com” had a sub-platform for subscribers to upload ePub-formatted e-books, and a copyrighted book owned by the plaintiff had been uploaded without permission, so the plaintiff sued 178.com for copyright infringement. (2) According to the court investigation, the defendant had a policy of rewarding these subscribers who uploaded content or replied to such content with virtual “silver coins”. Further, the defendant also appointed a moderator to manage the materials uploaded by subscribers. In this case, the infringing materials concerned was highlighted and edited by the moderator, so the moderator appointed by the defendant in fact promoted the transmission of infringing materials concerned. Based on the two reasons above, ChaoYang District Court in Beijing held...

Court rejected EMI’s claim against the search engine Baidu because EMI’s take-down notice to Baidu did not comply with the requisite formalities, and thus failed to specify the names of the works, their authors and the web addresses whose the infringing works were found. The Court cited Article 8, Paragraph 1 of the Interpretations of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Copyright Disputes over Computer Network (2004): “Where any copyright owner who, upon finding out the infringing information, warns the Internet service provider about this or requests for the network registration material of the infringer, but is unable to produce proofs of his the copyright owner’s identification, ownership of the copyright and the circumstance of the...

Court held that defendant search engine Alibaba is liable for taking down 15 of the 26 allegedly infringing recording in accordance with the take-down notices. Although Alibaba claims that it removed all 15 links that the Plaintiff sent them in regards to the take-down, the Court held that Alibaba should know that its 26 recordings are infringing Plaintiff’s copyright and thus Alibaba is negligent in discharging its duty to take steps to terminate the links to all 26 recordings.

(1) In this case, the plaintiff Zhong Qin Wen found some of its copyrighted works made available on the platform BaiduWenku and sued Baidu for copyright infringement. Baidu claimed that BaiduWenku was just a platform for Internet users to upload and share materials, and it had fulfill reasonable duty of care to prevent infringement on its platform, so it should not be held liable. (2) The Beijing First Intermediate People’s Court held that Baidu was incapable of monitoring all uploads and did not directly benefit from infringement, but should know the infringing uploads in question. According to the decision, the defendant Baidu kept the viewing and downloading data of each uploaded work. By using current technologies, it was reasonable for Baidu to execute a monitoring mechanism in light of which, once an uploaded...