1/04/2008

BEIJING COURT RULES IN FAVOR OF BAIDU FOR NO INFRINGEMENT

According to an updated news report in Beijing Youth Daily, several international music companies has sued the Mainland China's leading search engine company of Baidu for its providing of illegal music download links which shall constitute infringement.

Beijing Higher People's Court has now made rules, however, that Baidu has not constituted infringement, even though Baidu provides relevant searching links.

EMI, BMG and other international music companies have earlier filed with a Beijing court, suing Baidu for its unlicensed links, leading the illegal downloads much easier, and therefore have requested Baidu to make apologies, stop further providing with the links, and to make compensations of RMB1,670,000.

Baidu insists that what its company provides with in terms of search engines has no difference with others for links to searches, news and pictures.

(Notes: This ruling seems contradictory to the “BEIJING COURT RULES AGAINST YAHOO CHINA”, a similar copyright infringement case, also recently ruled by Beijing Higher People's Court(see my blog dated 22nd December 2007. Should you expect to know why the similar infringement cases have opposite rulings, you have to carefully look at and compare the two valid judgments to be possibly obtained either from the Beijing courts or from the parties or via their lawyers)

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