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Apple loses copyright lawsuit

  Apple lose the case!
on September 27, the Beijing second intermediate people's Court of the first instance judgment, finds that Apple, China encyclopedia of 520,000 yuan of compensation. Think Apple App Store (app store) for unauthorized users pay to download copyrighted books, violated their right of communication through information network, China encyclopedia Publishing House Limited (hereinafter referred to as the Chinese encyclopedia) to Apple and Apple electronics trading (Beijing) Limited (hereinafter referred to as the Apple business company), small claims court, claims more than more than 530,000 yuan.
decision, shortly after another lawsuit against Apple lawsuit opened in Beijing. On October 11, Union of writers ' rights against Apple's app store App Store cases of copyright violations in Beijing second intermediate court, the first case involving 8 writers 34 works, claims more than 10 million Yuan.
Apple has been repeatedly thrown right onto the dock industry-wide discussions. Writer, activist Union Executive bei zhicheng, China said to the reporter: "Apple set up a landmark court decisions, will have positive significance for other similar lawsuits. "The China written works copyright society Director Zhang Hongbo argues, the Court ruled against Apple, show that domestic right holders faced strong multinational companies, can rights through a legal weapon, this may trigger a round of smartphone platforms, including the Apple app store's rights.
found that paid-for downloads, sued Chinese encyclopedia
in October 2010, the encyclopedia of China found that in the Apple business company's site to download and install iTunes (Apple's digital media player application), it can be accessed through that software Apple app store of Apple's business. The user then can $ 20.99 (about 132 million) purchase price and download contains the plaintiff owns the copyright of the content of the encyclopedia of China application, used in Apple's iPad and iPhone reads the book on a lot of content.
China encyclopedia, compiled and published by the encyclopedia of China, as well as the electronic version of the encyclopedia of China and shall enjoy full copyright, Apple's above-mentioned acts seriously violated the copyright. In May 2011, the Chinese encyclopedia of Apple and Apple business company to court, request the Court ordered the two defendants to stop violating the right to network dissemination of information in accordance with law, compensation for the economic loss of 530,000 Yuan RMB.
during the hearing, China encyclopedia points out that App Store run by accused the company and provided in connection with the application of the encyclopedia of China (Jian Fan) charge for downloads. Therefore, China encyclopedia that developed and provided in connection with the application of Apple, Apple should bear direct responsibility.
China encyclopedia Attorney, said Sun Jianhong, for a well-known encyclopedia books, there are no difficult to examine copyright issues, the defendant should have known that unauthorized use may constitute an infringement.
the Court found that no matter who developed the program, Apple was founded
China encyclopedia demands accused the company argued that infringing applications developed by third party developers week and upload their own Apple be liable for tort liability. In addition, Apple's iTunes software developers involved, but iTunes and the App Store is not their business, but by its Luxembourg's wholly-owned operating subsidiary, was accused of violations are not implemented by the involved, even before infringement liability by Luxembourg companies, Apple be liable for tort liability.
court trial found that the App Store by Apple management, for users to buy applications in the App Store has two sources, one is Apple's own development, second, third-party developers.
in this case, Apple is not recognized in connection with the application of its development, Zhou of the claims in that application, the signature for the actual developers. According to the relevant laws and regulations, Apple should have the responsibility to provide evidence in the ideas, but in the case, Apple did not submit its agreement with Zhou, they failed to provide the true identity of the register, for this Court, could not be confirmed in connection with the applications developed by third party developers.
while court judge, even application for third party developers by development, according to third party developers and Apple company signed of has registered of Apple developers agreement and iOS developers plans license agreement, Apple company participation has involved application of development process, on third party development completed of application for has selected and alone decided has its in App Store Shang of points pin, while in sales returns in the enrichment, actually and third party common implementation has infringement behavior, Constitutes infringement, Apple should also bear the corresponding legal responsibility.
, a trial court order Apple to stop infringement, compensate the plaintiff's economic loss and reasonable costs of litigation expenses amounted to 520,000 yuan.
platform is not fully open, Apple does not apply "safe harbor principles"
about the verdict and whether it will appeal the results, Apple declined an interview with this reporter.
However, in an interview with reporters after the many scholars and people in the industry, they said, the Court ruled against Apple, show that in this type of case, Apple does not apply "safe harbor principles" when internal damage to the right people in the right, even in the face of strong foreign companies, should also take up legal weapons activist.
graduate school of Chinese Academy of Sciences, law and intellectual property Department director Li Shunde in an interview with this reporter that, due to App Store within Apple's software upload permissions in control and not fully open to software vendors, take up to two weeks of manual review, its position is similar to the Publisher, should be based on tort law tort liability, and so is not applicable "safe harbor principles".
in addition, East China University of political science and law professor, doctoral supervisor David Llewelyn believes that if the mobile phone platform open to third-party software developers, and provides only for application software automatically upload non-infringement by others, without going through artificial filters, even if software were later embedded alleged infringement of third-party links, because mobile operators infringement it's hard to know whether the content is linked, it is difficult to be found infringing.
case, Zhang Hongbo Sapp priority international and Beijing intellectual property agency, Ltd Manager Liu Lili were considered, as the world's leading online applications store managers, compared to other network platform, Apple should have a higher degree of prior audits and reasonable care, meaning of the judgment of the Court is to have positive significance for other similar lawsuits, which can also trigger a protection war. Their longtime Apple case.
"in the past, many publishers and authors and other right holders on transnational litigation costs and time concerns, thinks a lawsuit down the candle. So, for such cases laissez-faire, it's actually condone piracy. "Zhang Hongbo said, in effect, small publishers or rights holders can" hold together "rights or to the agency or the copyright collective organizations, shye.

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