Beijing Internet Court Top Ten Typical Cases in Five Categories （Sep. 2018-Sep.2023）

Digital Copyright Ten Major Typical Cases

1.Short Video Copyright Case: Whether a Short Video is Original Has Nothing to Do with Video Length

2.Case of Film Illustration with Pictures: “Film Illustration with Pictures” Which Does Not Constitute Fair Use Constitutes Infringement

3.Red Packet Page Design Case: Software Page Design that Constitutes Original Expression Can Be Protected by Copyright Law

4.Time-lapse Photography Case: “Appropriate Quotation” in the Copyright Fair Use Mechanism

5.Letters Alive Case: Use of Work Beyond the Purpose and Necessity of Quotation Does Not Constitute Fair Use

6.Barrier-free Films Case: Providing Barrier-Free Films to Unspecified Public Does Not Constitute Fair Use under Copyright Law

7.Panda Gun Gun Case: Derivative Works and Determination of Fair Use Limit

8.Dubbing Show Case: Business Model Impacts Fault Determination of Short Video Service Providers

9.Case of Identifying Dramas by Sound: Unauthorized Provision of Works on App “Identify Dramas by Sound” Constitutes Infringement

10.Case of FIFA World Cup Act Preservation: Providing Live Streaming Service Without Permission of the Right Holder Should Be Considered Infringement

Digital Consumption Top Ten Typical Cases

1.Case of Formatting Clauses Concerning Cross-Border E-Commerce Platform: The Agreement That Excludes the Jurisdiction of the Court in the Country Where the Consumer Is Located by Formatting Clauses Is Invalid

2.Live Streaming Sales Case: Private Transactions in Live Streaming Sales Should be Recognized as Business Operations Carried Out by the Host

3.Case of Free Offers at Designated Time: Failure of the Operator on the E-Commerce Platform to Fulfill the Contractual Obligations in Accordance with the Rules of Free Offers at Designated Time Constitutes a Breach of Contract

4.Case of Consumers’ Negative Comments to the Operator: Consumers’ “Negative Comments” to the Operator Generally Does Not Constitute Any Infringement to the Operator’s Reputation Right

5.Case of Take-Away Package Price Higher Than Single-Order Price: That Preferential Package Price Is Higher Than Single-Order Price Constitutes Fraud

6.Case of Taking Advantage of a Loophole: Insincere Conclusion of Contracts by Taking Advantage of the Website Information Aggregation Error Shall Not Be Protected by the Law on the Protection of Rights and Interests of Consumers

7.Case of Paying at the Store While Withholding Expenses: Exceptions of Certain Content in Which Consumers Have Personal Stake in Network Consumption Formatting Clauses Should Be Prominently Indicated

8.Case of Calculation of Expiration Time of Premium Account Members: The Act of Ending the Membership Service Early without Covering All the Natural Days Constitutes a Breach of Contract

9.Case of Qualification Audit on a Take-Away Platform: The Take-Away Platform Should Bear Joint Liability for Failing to Audit the Qualification of Catering Service Provider

10.Case of Dispute over Liability of Second-Hand Commodity Operators: Sellers Bear the Responsibility as an Operator When Continuously Selling Second-Hand Commodities for Profit

Platform Governance Top Ten Typical Cases

1.Advance Screenings on Demand Case: Unilateral Change of Standard Terms by Platforms Shall Not Damage Existing Rights of Users

2.Soft Pornographic Comic Case: Contracts Concluded to Provide Soft Pornographic Content to Minors Shall Be Invalid

3.In-game Item Property Right Case: In-game Items with the Attribute of Property Interests Are Network Virtual Property

4.0.1-RMB Short Message Unsubscription Case: When the Allocation of Expenses for Performance Is Not Clearly Stipulated, Costs for Users to Unsubscribe from Commercial Promotional Short Messages Should Be Borne by the Platform Company

5.Encyclopedia Entry Case: The Failure of Online Encyclopedia Service Providers to Properly Review Entry Editing Constitutes Infringement

6.Case of Minor Opening Online Store: Minors Shall Have Corresponding Capacity for Performing Civil Juristic Acts to Open Stores and Sell Goods on Platforms

7.Health Consultation Service Platform Case: Impersonating a Doctor to Provide Online Health Consultation Constitutes Infringement

8.Ride-hailing Platform Case: Ride-hailing Platforms Failing to Conduct Management as per Rules Shall Be Liable for Breach of Contract

9.Member Mutual Aid Platform Case: Upon the Updates of Rules, Mutual Aid Platforms Shall Equally Protect the Legitimate Rights and Interests of Members Who Joined the Platform Before the Updates

10.Hotel Booking Case: Platform Operators Failing to Clearly Indicate Merchants on Platforms Shall Bear the Corresponding Liabilities

Data Algorithm Top Ten Typical Cases

1.Secret Traffic Inflating Case: Contracts Concluded for Secret Traffic Inflating Transactions Shall Be Invalid

2.Mobile Reading App Case: Sharing User Data Between Related Products Shall Have Effective Consent

3.Online Game Account Use and Data Transfer Case: The Initial Registrant Shall Enjoy the Right to Use the Online Game Account and the Rights and Interests to the Transfer of Game Data in the Account

4.AI-Generated Content Case: Content Intelligently Generated by Computer Software Shall Not Constitute a Work

5.AI Companion Case: Network Platforms’ Use of Algorithms to Organize Users to Create Virtual Characters Constitutes Infringement

6.User Profile Case: Collecting User Profile Information During User Login Process Without Providing Skipping Options Constitutes Infringement of Users’ Personal Information Rights and Interests

7.One-RMB Delivery Fee Case: Delivery Platforms Failing to Fulfill the Obligation of Giving Reminders upon Delivery Fee Difference Due to Algorithm-based Calculation Shall Bear the Liability for Wrongs in Conclusion of Contract

8.Case of “Pig-butchering Scam” Misjudgment by Dating Platform’s Algorithm: Algorithm-based Risk Control System Performing the Reasonable Duty of Care and Taking Precautions Does Not Constitute Infringement

9.Case of Banning Game Account for Cheating: It Is Reasonable for Game Operators to Ban Accounts Using “Script Cheating” Through Algorithm

10.Case of Short Video Platform Banning a Pedophile’s Account: Platforms Shall Have the Right to Take Management Measures Like Account Banning or Termination of Service Based on Algorithm Against Acts of Infringing on the Rights and Interests of Minors

Protection of Network-related Rights and Interests Top Ten Typical Cases

1.Email Data Ownership Case: Users Have Rights and Interests to Email Accounts and Mail Data

2.In-game Mirror Image Case: Using Virtual Characters to Reproduce “Identifiable” Image of Film and TV Characters Constitutes Infringement of Other People’s Right to Likeness

3.Electronic Coupon Case: Setting an Invisible Threshold for the Use of Virtual Property Constitutes Infringement of Consumers’ Rights and Interests

4.Case over Personal Information of the Deceased: Personal Information Processors Shall Bear the Obligation of Protecting Personal Information Rights of the Deceased

5.Personal Information Checking and Copying Case: Personal Information Processors Shall Choose a Reasonable Way to Provide Information Based on Their Information Storage Forms and Capacities

6.Personality Rights-related Injunction Case: Personality Rights-related Injunctions Can Be Issued Against Actors Continuing to Commit Infringement During Litigation Process

7.Case of Girl Abuse Video Being Posted Online: Exercising the Right of Supervision by Public Opinion Shall Not Violate the Principle of “Maximizing the Interests of Minors”

8.Case of Right to Likeness over Body Parts: Identifiable Pictures of Body Parts Shall Fall in the Protection Scope of the Right to Likeness

9.Case of Mobile Phone Number Leakage in Hit TV Series: Intruding on Other Persons’ Private Life by Improper Disclosure of Contact Information Constitutes Infringement

10.We-media Slandering Article Case: We-media Should Not Become the “Black Ghostwriter” in Unfair Competition

Beijing Internet Court Top Ten Typical Cases in Five Categories （Sep. 2018-Sep.2023）.pdf