As is well-known web site Thunder "secret link" a free download of the film "Confession of Pain", 60 million on a video network transmission rights and rights to proceeds Shanghai Broadband Technology Co., Ltd. goodness (hereinafter referred to goodness company) no doubt been "hit."
Recently, the company will goodness Shenzhen Thunder Network Technology Co., Ltd. (hereinafter referred to as Thunderbolt company) to court, asked Thunderbolt company 150,000 yuan compensation for economic loss, and payment of costs.
February 3 this year, the Shanghai Pudong New District Court of first instance verdict, to support the goodness of all the company claims.
Goodness: the knowledge, should know, "Confession of Pain" has the legitimate right of people still available for download under the circumstances, the nature of their extremely bad behavior
December 22, 2006, by the Hong Kong actor Tony Leung, Takeshi Kaneshiro starred in the "Confession of Pain" formally shown, the box office all the way recording gains across. December 28, the company and the China Film Media Asia goodness audio and video products Co., Ltd., Beijing PolyBona Films Company Limited, signed the film "Confession of Pain" network co-operation agreement, the agreement, the company Goodness high of 60 million royalties obtained the "Confession of Pain" video rights and benefits of network transmission right, in order to ensure the box office movie schedule is not affected, goodness will be shown one month after the company the right to "Confession of Pain" in their line of site. Goodness plans to film in a single online download fee RMB 2.
However, unexpected company that goodness is in January 2007, Thunder Network (www.xunlei.com) has been out there as a "wounded city" search link services. January 4, "Confession of Pain" in the Thunder website searches up to 59,808 times the total downloads reached 520,869 times alarming. Goodness the company immediately issued quickly by the company to Thunderbolt, Thunderbolt network required to stop infringement, Thunder has yet to echo, then Thunder network is still "link" with "Confession of Pain" for free download. June 21, goodness will Thunderbolt company to court and claim compensation, because Thunder the server is located in Shanghai Pudong, Shanghai's Pudong New Area People's Court case law by the acceptance.
Thunder: We only provide a search and link services, and not the implementation of infringement
Thunder defendant's attorney that a "wounded city" for others to download video files are linked third-party sites, Thunderbolt Network is to provide a search and link service itself does not infringe the plaintiff's right of network communication. Even if the Thunder remove these links, the public can still log in directly to those linked sites and access to the "Confession of Pain" video files. Therefore, the case of video communication behavior only occurs between the user and the third-party websites.
In addition, the defendant, "followed quickly by" authenticity also expressed strong doubts, "We only received one other law firm issued Speedpost EMS, but which has not followed quickly by the plaintiffs alleged, no content."
"Link" also has a "degree"
"Does not mean that search link on infringement," and plaintiff lawyers argue in court, Thunder's situation different from general search, it belongs to "deep link", all services are focusing resources to download on the page "hot movie TOP50", a special comment set column display "is the gun version to my next, is the DVD version", "screen is too vague, there Gaoqingxiban of you," "us to feel, are you, really" and commentary text, but also on the download speed of evaluation, and link the poster images, video content on the profile. "The defendant carried out editorial content, fully demonstrated its" active participation "movie violations."
And the Thunder's third party Web sites linked to clearly states that "all the movies for free download, only for users to learn, communicate, test purposes, please delete within 24 hours. Do not download free movies for commercial purposes, the resulting nothing to do with the site of any responsibility. " Such a clear infringement of the download resources, Thunderbolt company actually turned a blind eye, goodness the company was very chilling.
Thunderbolt company does not agree with this view, "works by downloading third-party website behavior of films whether the authority of the person the right to a non-public information, we do not have the capacity nor the legal obligation to get them to check."
Court: Thunderbolt companies should be compensation
After the court hearing that the defendant based on the global Internet to provide the best multimedia download service, which works on the link to download the video legality of duty of care should be higher than the general search engine. Video link from the suspects set the content, the defendants in particular were related site editor action, third-party website links in the process, the defendants implemented the "embedded framework of the technology" so that the content of third party websites used by the defendant directly.
Third-party Web site's "website statement" clearly indicates that the site offers videos of the infringement involved the nature of its top of the page, the page shows the tail "Thunderbolt movie download site" and other words, this shows the site with the defendant, there is a link between sites . The defendant should be aware of the commercial television network communication work rules, in particular, was also involved in movie theaters screened the schedule, or even the present case the plaintiff as assignee of Information Network Transmission Right at that time under the contract are not able to upload video network.
Comprehensive consideration of these facts, the court that the defendant Thunderbolt company not only to participate and help the objective third-party sites involved in infringing video transmission, and this act there in the subjective fault. Accordingly, the Court of first instance verdict, the defendant company should be in the decision Thunder effective date of compensation for the plaintiff within seven Goodness company 150,000 yuan of economic losses.
Present case, after the people who have participated in the sit in question, this is not to mean that many users used the "free download" movie will likely no longer a "free lunch"? Thunderbolt company has said the Thunder's technology is to make people more quickly and accurately find the Internet resources they need this technology in the search for connection field is at the leading level, is the development of China's Internet technology a leap, if Thunder help or assistance that constitute infringement, will no doubt stifle this new technology and in new industries, it will be China Internet unfortunately.