Tencent v NetEase cloud music infringement why go to Wuhan


if the 2014 is the first year of China’s digital music copyright melee, then this war in 2015 will become increasingly fierce. There are three reasons, the first is a series of mergers and acquisitions, heating resources; second, dark horse is more prosperous, the greater the pressure old products, Huangbuzelu; third is the copyright side hand resource plunder, greater bargaining power.

led the copyright wars QQ music and NetEase cloud music in 2014 has become the industry most concerned about two music products, one is from the traditional music products PC era of the rise of a new darling of native mobile, between the two seems to be against the development of music in the Internet industry, a microcosm of the conflict between the traditional and new. Two is the way to change each other the plaintiff and the defendant’s role, you come to me to fight, just yesterday (April 20th), Tencent v. NetEase cloud music network copyright infringement case in the first instance, the Wuhan intermediate people’s Court of intellectual property court, involving an amount of 12 million 460 thousand yuan. This trial has invited a large number of media in the morning from 9 until 9 p.m. (final trial, not in court for sentencing) also opened untold stories of the copyright dispute under the iceberg.

in the end there is no infringement?

this is a yes or no question, but it is difficult to have a yes or no answer, because the music copyright definition of its own history and related laws and regulations, of which there will be many complex situations, sometimes even on the copyright issue, even the music copyright are to give a standard answer. Listed in the Tencent NetEase sued the infringement of the cloud music music works, there are dozens of Zhang did not get completely national legislation procedures work, such music resources can also be referred to as illegal publications. So it is the Tencent introduced a number of illegal publications, and then to this batch of illegal publications to others sued infringement, violations of their rights by illegal publications, even the so-called copyright owners do not want to jump out of that thing in the world, but was pulled out through the streets of the Tencent itself, resources are very do not want the status of public, let alone to the rights of the qualification. This so-called "copyright" in the two court works may involve the amount is not much, but still there are a lot of in the industry.

that in addition to these works, the other works cited by Tencent, NetEase cloud music is infringement it? In the trial of NetEase cloud music gives such rebuttal evidence: China Telecom issued an agreement to prove. This agreement has proved to allow the use of NetEase cloud music links to play the music copyright China Telecom owned works. This is similar to the call of the music playback mode, but also a way of legal use of copyright, different from the transfer of authorization, the use of a legitimate link. As for how to reach this agreement between NetEase cloud music and China Telecom is not known, but at the legal level, is to say.

who invaded the right? "

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