Anita Davis
Nov 30, 2009

UPDATE: Youku fined for copyright infringement

BEIJING - Chinese video site Youku.com has been found guilty of copyright infringement by the Beijing Haidian District People's Court and ordered to pay Rmb 450,000 (US$65,914) in damages to video site Voole on behalf of the China Internet Video Anti-Piracy Alliance, which is led by portal Sohu.com.

UPDATE: Youku fined for copyright infringement
According to local reports, Youku is planning to appeal the ruling on the grounds that alliance members may not have the power to bring anti-piracy suits to court.

The decision comes two and a half months after Youku launched three of its own lawsuits against Sohu for copyright infringement and defamation. These suits were prompted after the Anti-Piracy Alliance announced its intention to file infringement grievances against Youku, as well as Pepsi and Coca-Cola, for having advertised on unlicensed Youku videos. Youku’s suit was filed in a pre-emptive measure before the alliance acted on its claims.

According to reports, the case against Youku included 47 films and TV shows.

"Regarding the 47 cases lodged by Voole, yes, we are appealing to the Beijing Intermediate Court. We are appealing to the fact we have fulfilled the 'deletion upon notice' obligations, and according to the relevant laws and regulations in China, i.e. 'safe harbor' clause, similar to the DMCA and Section 230 (CDA) protections for copyright complaints in the United States, we are not at fault. In addition, we believe Voole does not have proper rights to the contents they claim to have," said Dele Liu, CFO and senior vice-president of Youku.

Sources close to the suits suggest that the fine is only a fraction of what was sought by the alliance. In September, reports noted that the group would seek up to $14 million worth of damages.

The news comes weeks after news surfaced that Soho was sued by an additional five parties for what is thought to be linked to copyright infringement, including another member of the Anti-Piracy Alliance.

Youku was launched in 2006 by founder and CEO Victor Koo. Prior to Youku's launch, Koo served at different times as Sohu's president, COO and CFO, departing the company after six years in 2005.

CORRECTION: An earlier version of this story stated that the lawsuit against Youku was brought by Sohu. This was incorrect. Sohu was not party to the lawsuit, except as the organiser of the Alliance. 




Source:
Campaign China

Related Articles

Just Published

15 hours ago

Documentary on McCann copywriter Ilon Specht makes ...

Specht is behind the iconic L’Oréal slogan, ‘Because I’m Worth It’ created during the ‘Mad Men’ era.

15 hours ago

Why it's a great time to be an indie right now

Brands are searching for faster, nimble agencies that really understand the nuances of cultural behaviour.

15 hours ago

Publicis scoops Coca-Cola media in North America

WPP has lost the account after a closed review.

16 hours ago

A tale of two holding companies: WPP and Publicis

WPP’s loss of the Coca-Cola North America media biz to Publicis is a wake-up call for the former to beef up its media capabilities.