Beijing Court Trial Information Network recently disclosed the first-instance civil judgment of Guangzhou Alibaba Literature Information Technology Co., Ltd. and Hunan Local Star Network Technology Co., Ltd. for the infringement of the information network dissemination rights of works. The Beijing Internet Court ordered Local Star to compensate Ali Literature for economic losses of 64,200 yuan.
The Tianyancha App shows that Ali Literature is authorized by the original right holder to enjoy the writing works "Urban Happy Medical Sage", "Perspective Little Farmer", "Master Wudang in the City" etc., have exclusive information network dissemination rights and the right to defend the rights of the works involved.
Later, it was discovered that Bendixing company, without permission, provided the works involved in the case to the public through the "serialized book chase" APP developed by it without permission, for its users to read and download online. The defendant's behavior seriously infringed the lawful rights and interests enjoyed by the plaintiff. The claimed economic losses totaled 2.03 million yuan.
Bendixing company argued that the serialized APP products are all free to use, and the works involved are all the content obtained from the user's search from a third-party website when the user is connected to the Internet. It only provides the link service and should not be liable for compensation.
The Beijing Internet Court held that the "Serialized Books" APP provided the public with free online reading and downloading services of the works involved in the case without permission, infringing the information network dissemination rights of Alibaba Literature for the works involved in the case. The defendant, as the app developer involved in the case, should bear the corresponding infringement liability. Bendixing Company argued that it provided a search link service, but failed to submit sufficient and effective evidence to prove it. On November 13, 2020, the Bendixing Company was ordered to compensate Guangzhou Ali Company and its Beijing branch for economic losses totaling 64,200 yuan.
