IT home on June 29 news, recently, two youku Information Technology (Beijing) Co., Ltd. and Chengdu Weicheng Technology Co., Ltd. related infringement works of information network communication right dispute of the first instance of legal documents published.
According to the document, the plaintiff youku said that the plaintiff enjoys the exclusive right of network information dissemination of the films Wolf Warrior 2 and July and Peace. Without authorization, the defendant provided the downloading and playing service of the works involved in the case on the App platform of "Heaven Movie", which seriously infringed on the legitimate rights and interests of the plaintiff. The defendant argued that the downloading and playing of the works involved were redirected to Xunlei and did not constitute direct infringement; The work is copied from Sunshine Film network link to "Paradise film" App, the plaintiff did not prove sunshine film network direct infringement; "Paradise Movie" App has been online for a short time with less than 70,000 users, which has little influence on Youku's rights.
The court held that the defendant provided download links of the works involved in the case in the App of "Heaven Movie", which fell within the control scope of the right of information network communication and violated the right of information network communication enjoyed by the plaintiff. Based on the available evidence, it is impossible to confirm the actual loss or gain caused by the infringement.
In the end, the court ordered the defendant to immediately stop providing the works involved in the case, and to compensate the plaintiff 40,000 yuan and 30,000 yuan for the infringement of the films Wolf Warrior 2 and July and Ansheng respectively.
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