sued the Shenzhen Municipal Supervision Bureau of the end of the trial court will choose a sentencing date
technology news December 31st noon news, Nora company of Shenzhen City Market Supervision Bureau (hereinafter referred to as the "Shenzhen Municipal Supervision Bureau") issued 260 million yuan penalty one-way Shenzhen intermediate people’s court proceedings. Today, the Shenzhen intermediate people’s court announced after the trial, the court after the collegiate bench will be reviewed in accordance with the law, sentencing time notice.
June 26, 2014, the Shenzhen Municipal Bureau of supervision Nora Nora company for several times on the grounds of infringement, out of 260 million yuan fine. Nora then filed administrative reconsideration, but was rejected by the Guangdong provincial copyright bureau.
the focus of controversy between the two sides is the behavior of Nora infringement, the Shenzhen Municipal Bureau of supervision has the right to punish Nora, as well as the amount of punishment is appropriate.
Nora believes that the "Beijing love story", "China good song" and other film and television works, which only provides search, links and other services, the work is not known whether the infringement infringement. And Nora issued a notice of infringement to the Tencent, to take measures to remove. Nora thinks this applies to the principle of "safe harbor" (the principle of "safe harbor" refers to the occurrence of a copyright infringement case, when the network service providers only provide space services, not making web content, if the ISP is informed of the infringement, remove the obligation, or be regarded as infringement. If the contents of the infringement is not stored on the ISP server, and has not been informed of what should be deleted, ISP does not assume tort liability, should not be subject to administrative penalties.
Nora also believes that the case is a civil tort, the Shenzhen Municipal Bureau of supervision has no right to punish, and 260 million of the fine is not reasonable. Nora said, Shenzhen city market authority will be the 13 works of "average License Price amounted to 86 million 716 thousand yuan" as the basis for the wrong that accused of illegal business turnover, and the State Copyright Bureau had Nora fined 250 thousand yuan of administrative punishment, Shenzhen Municipal Supervision Bureau is repeated punishment.
Shenzhen Municipal Supervision Bureau said Nora through the network from a plurality of obviously impossible to obtain authorization piracy of works dedicated to the active site collection broadcast address and set up the chain, through the classification, sorting and editing recommendation, included into the mobile terminal equipped with Nora Yunfan search site for the user. These facts show that Nora has obvious subjective intent. And Nora after receiving three letters to the Tencent Inc not to stop the infringing works of editing, Nora’s behavior does not apply the principle of "safe harbor".
Shenzhen Municipal Bureau of supervision also pointed out that Nora did not charge and insert advertising to the user, but through other forms of income to gain profit, the amount of punishment is correct. In addition to the national copyright administration decision for Nora infringement related rights and make music as the company’s behavior of Shenzhen City Supervision Bureau punishment for Nora violation of Tencent Inc 24 works made the right to network dissemination, there is no repeated punishment.
the two sides debate on the above issues. But after a morning of trial, Shenzhen intermediate >