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(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...

This article takes a comparative approach to studying the development of hosting ISPs’ secondary liability in China, namely by referring to relevant rules in the US and Germany as examples. In particular, this article compares how the courts interpret the main imputed factors in these three jurisdictions such as monitoring responsibility, knowledge of infringement, measures against repeating infringement, benefit from infringement, and inducement. Through the aforesaid comparison, this article notes that the development of hosting ISPs’ secondary liability in China has been deeply affected by the relevant rules in the US and Germany, but it is also marked with its own characteristics such as requiring the hosting ISP to exert a higher level of duty of care on hot-play films and television dramas, and famous works...

Intellectual Property Protection in China, http://www.chinaipr.gov.cn/channel/newsindex.shtml PRC Government’s Website Stanford China Guiding Cases Project, http://blogs.law.stanford.edu/cgcp World Intellectual Property Organization (WIPO) on Chinese IP Law, http://www.wipo.int/wipolex/en/profile.jsp?code=CN 中华人民共和国国家知识产权局, http://www.sipo.gov.cn/zcfg/flfg State Intellectual Property Office of the PRC 中国保护知识产权网, http://www.ipr.gov.cn Intellectual Property Protection in China 中华人民共和国专利法, http://www.sipo.gov.cn/zcfg/flfg/zl/fljxzfg Various Intellectual Property Legislations and Texts including those on Patents, Copyright, and Trademark Jei Wang, Not All ISP Conduct is Equally Active or Passive in Differing Jurisdictions: Content Liability and Safe Harbor Immunity for hosting ISPs in China, the European Union, and the...