2011 Top 10 IP Cases in China’s Software Industry:the third

Key point: new form of software copyright infringement

Unauthorized Use of The Beijing News “Chinese Newspapers” App Pays100,000 Yuan in Compensation

Case summary: In August 2010, The Beijing News found that its formats and contents were used without authorization by a n i Pad App c a l l e d “Ch i n e s e Newspapers,” which provided the readers with a real-time renewal electric version of The Beijing News . Soon afterwards, The Beijing News authorized its Internet company Pai Bo Online to deliver a demand letter to Beijing Minesag e Technology Co., Ltd. (hereinafter referred to as Minesage, the developer of the infringing app), requiring it to stop the infringing activities immediately. Minesage ignored the requirements of the demand letter and continued its infringing activities. Pai Bo Online filed suit and asked the court to demand it to cease the infringing activities at once, apologize publicly and compensate the plaintiff for its economic losses. In August 2011, the Haidian District People’s Court delivered a first instance judgment, held that the app “Chinese Newspapers” had constituted copyright infringements, and therefore should cease the infringing activities immediately and compensate the plaintiff 100,000 yuan for its losses.
 
Expert comments: Yuan Zhenfu, Standing Deputy Director of SHIPA, stated that the typical significance of this case lies in that as smartphones develop, this new kind of infringement may become a new trend. This case has reference meaning for the coming right-upholding activities of the traditional media. There were also cases in the past where direct links, which enabled users to read related contents on the infringers’ websites directly without any need to visit the official websites of the infringed printed media, as declared unfair competitions on the ground that they used the plaintiffs’ resources improperly.