China’s Binhai New Area People’s Court of Tianjin Municipality on November 1 ruled in favor of Chinese digital publisher Chinese Online (Tianjin) Cultural Development Co., Ltd. in a copyright lawsuit against U.S. tech group Apple Inc. Plaintiff Chinese Online accused Apple of violating its right to disseminate information via the internet.
At issue are over ten Chinese literary works including In the Name of the People (《人民的名义》), Prosecution Nationwide (《国家公诉》), Kangxi Emperor (《康熙大帝》), the Family (《家》), Spring (《春》), and Autumn (《秋》) unlawfully available in the Chinese App Store. The court of first instance ordered Apple Inc. to pay Chinese Online 12 million yuan ($1.87 million) in damages.
In the court’s opinion, Apple, as App Store’s actual operator, has strong control and management capabilities over it in line with its business model, operating policies, and terms of agreement. Apple failed to fulfil its obligations to screen and take proper measures about the allegedly infringing App Store application where the unlicensed literary works at issue were unlawfully made available. The failure of reasonable care has constituted copyright infringement.
Since 2012, Chinese Online has sued Apple Inc. four times over the right to disseminate information via the internet with 83 claims, 460 works, and 70 million yuan ($11 million) compensation concerned.