The court ruled that the defendant
network technology company network television broadcast TV drama "struggle", the success of the company transferee violated the plaintiff’s right to network dissemination of information obtained, sentence the defendant to compensate the plaintiff economic loss of 150 thousand yuan.
day before the success of Ningbo multimedia communication network technology Co., Ltd. v. a company copyright infringement dispute case concluded, Beijing Haidian District City People’s court ruled that the defendant network technology company to broadcast network television drama "struggle", the success of the company transferee violated the plaintiff’s right to network dissemination of information from the judgment, the defendant to compensate the plaintiff economic the loss of 150 thousand yuan.
"struggle" by the website infringement online play
The success of
company alleged that in June 29, 2007, the 32 episode TV series "struggle" the producers of Beijing xinbaoyuan film investment limited right to network dissemination of information to the play area, China exclusively granted the plaintiff company. Network company without permission, in its website to provide "struggle" online play, violated the plaintiff’s information network transmission right, copy right, the right to get remuneration and other copyright. To safeguard their legitimate rights and interests, the plaintiff requested the court to stop the online broadcast network company "struggle", and for a significant position in the home and the "Legal Daily" front page prominently public apology, compensation for economic loss of 300 thousand yuan and legal fees, notary fees, travel expenses and other related expenses of litigation costs 35150 yuan.
plaintiff does not enjoy the right to play on the Internet
defendant network technology company argued that the success of the company only enjoy the struggle for the right to spread the information network, and the defendant’s website on the use of the struggle does not infringe the right of information network dissemination. The company’s website in the "struggle" of network television, "struggle" according to the website specified time by set the order of play, at a certain time point, network users can only watch the playing of the "struggle" of a set. The network user cannot view the contents of other sets that are not played at the time it is selected. Successful companies do not enjoy the "struggle" of the right to play on the Internet, it is not entitled to bring the lawsuit, do not agree with the successful company’s claims.
defendant infringement compensation plaintiff 150 thousand yuan
court held that the network company license without the right people, play online via the Internet using the way of "struggle", so that Internet users can get the "struggle" content in the special time and place, violated the right to exclusive mainland network dissemination of information obtained from the company’s successful company xinbaoyuan.
court also believes that as long as the Internet users through the part of the content information network can obtain the works at the selected time, disseminators constitute the "copyright law" "so that the public can obtain the works at the special time and place". The notarial certificate of this case shows, although the network user can not obtain "struggle" in its selected time