On February 11, Beijing iQiyi Technology Co., Ltd., a related company of iQiyi, and Hangzhou NetEase Cloud Music Technology Co., Ltd., an affiliated company of Netease Cloud, announced the first-instance civil ruling on copyright ownership and infringement disputes. The case number is (2020) Beijing 0491 Minchu No. 31230. The plaintiff is Beijing iQiYi Technology Co., Ltd., and the defendant is Hangzhou NetEase Cloud Music Technology Co., Ltd.
According to the judgment, the plaintiff, iQiYi, claimed that the stand-up comedy variety show "Keng Wang Jia Dao" is a variety show produced by iQiYi. The "Crosstalk Music Special Zone" of the "NetEase Cloud Music" web and mobile applications developed and operated by NetEase Cloud provides the public with the online on-demand and download service of the second season of the show. The infringing program has been played millions of times, and the upload time is of the day that iQiYi platform pops up the program online. The behavior of NetEase Cloud Company severely violated the rights of iQiYi Company and caused severe economic losses. Public information shows that "Keng Wang Jia Dao" is a large-scale stand-up comedy experiential variety show jointly launched by Guo Degang and iQiYi.
The defendant, Netease Cloud, objected to the jurisdiction during the submission of the defense: the NetEase Cloud Music Platform is independently operated by Hangzhou Ledu Technology Co., Ltd., which is only a technology developer and has not participated in any operation of the product, so it does not possible to implement the act of providing infringing works to the public alleged by iQiYi by operating the product. Therefore, the Beijing Internet Court does not have jurisdiction over this case and should be transferred to the Hangzhou Internet Court.
In the end, the court held that the issue of whether NetEase Cloud Company needs to bear civil liability, in this case, is a matter of fact-finding and the application of law, and is not part of the content of the jurisdictional objection that needs to be reviewed. Netease Cloud's grounds for the jurisdictional objection cannot be established.
The result of the judgment was that the objection raised by the defendant Hangzhou NetEase Cloud Music Technology Co., Ltd. on the case's jurisdiction was rejected. The judgment date is December 4, 2020.
According to the Tianyancha App, Hangzhou Ledu Technology Co., Ltd. was established on December 25, 2014, with a registered capital of 10 million yuan. The legal representative is Zhu Yiwen. He also serves as the legal representative of the Hangzhou NetEase Cloud Music Technology Co., Ltd. and Hangzhou NetEase Cloud Music Technology Co., Ltd. Beijing branch.
Source: chinaipmagazine.com
