News released by the state intellectual property office of the website of Beijing haidian district people's court in September 17 to han han, hao (pen name murong xuecun), Korea Ai lotus what horse (pseudonym) v. Beijing baidu webex technology co., LTD. (hereinafter referred to as company) on baidu library 14 case the focus on the infringement of copyright dispute, decision support han (3 cases), hao Ai lotus (2 cases) and Korea (2 cases), a total of 173000 yuan of economic losses and reasonable expenses claims, rejected Korean Ai lotus the rest of the 7 cases all the claims. Han han and other writers have not supported the closure of baidu wenku, compensation apology and other claims. After the sentencing, both parties expressed their compliance with the judgment of these cases and did not appeal within the period of appeal. Now the first trial judgment of the above 14 cases is effective.
This batch of cases, the two sides confirmed baidu library for information storage space, the court in the applicable to the tort liability act of general principles of infringement, the information network transmission right protection ordinance of information storage service provider from liability to pay compensation on the basis of the principle of "safe haven", according to the circumstances of the case analysis demonstrates the baidu company baidu library information storage space for network users to upload han, hao "sped like a teenager!", "chengdu, leave me alone" and so on representative bestseller and Korea Ai lotus "hidden password to" (1, 8), and to other Internet users to provide online browsing and downloading of behavior, If there is a subjective fault, it shall bear the corresponding tort liability. Also determined according to the circumstances of the case company to baidu library in Korea Ai lotus of the Tibetan password (2, 7, 10) there is no fault, after delete the infringement document, not bear tort liability.
Ruling affirmed the baidu company for stopping the infringement of baidu library, including enable anti-piracy system measures, but puts forward baidu company failed to deliver in terms of richness of library resources and to stop infringement basic synchronization, there is a business development is yet to be perfect, in the problems that should pay more attention to baidu library management standardization, so as to effectively protect the rights of the copyright owner.
The case has received extensive attention from all circles since it was accepted, and the court has made careful and meticulous preparations in organizing the exchange of evidence, the trial, mediation and the writing of the judgment draft. Eventually sentenced to can make both parties take, embodies the recognition of court work and opinions on both sides, also reflected the party under the existing laws and regulations of the rational rights and respect for the court suggested the purpose, at the same time reflect the age of the Internet copyright represented by han people and represented by baidu inc., network service providers the desire of the win-win cooperation.
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