Letv was awarded 130000 yuan in compensation for OPPO infringement, and the official website illegally provided video download service.
CTOnews.com January 6 news, recently, Leeco Network Information Technology (Beijing) Co., Ltd. and OPPO Guangdong Mobile Communications Co., Ltd. infringed on the right of network dissemination of work information disputes were made public.
According to the document, plaintiff Letv complained that the defendant provided the public with downloading services for film and television works "under the Red Wall", "surprise of three shots" and "Invisible Kill" on the website "OPPO official Mall" run by the defendant. The above works are film and television works in which the plaintiff has the right to disseminate information on the network, and the defendant's actions constitute infringement.
The defendant OPPO Guangdong Mobile argued that the video was not uploaded to the website involved in the case in the form of video, the download link was only an ordinary text link, and the user's request was eventually provided by the Xunlei server to provide analysis and download services, and the defendant did not store any infringing works in the server.
CTOnews.com learned that the court held that in view of the behavior of users of the website involved in publishing linked files of multiple film and television works in the section, the defendant, as the operator of the website involved, should know that under normal circumstances, the right holder would not grant the right to disseminate information through the network to individuals. In the case of the infringement committed by the network users, the defendant fails to perform the corresponding management duties and expands the influence of the infringement by classifying the posts involved, encouraging users to upload, etc., and plays an instigating and assisting role in the tort of the publishers of the online posts involved, and shall bear tort liability.
In the end, the court ordered OPPO Guangdong Mobile to compensate Leeco for economic losses and reasonable expenses totaling 130000 yuan.
