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Fast Broadcast v. Shenzhen Market Supervision Bureau Final Judgement: Rejection of Appeal and Affirm

Date: 2019-01-02
Clicks: 40

On December 29, the reporter learned from the higher people's court of Guangdong province that the higher people's court of Guangdong province made a final judgment on the dispute over copyright administrative punishment between Shenzhen fast broadcasting technology co., ltd. and Shenzhen market supervision and management bureau, rejecting the appeal and upholding the original judgment.

 

 In March 2014, Tencent filed a complaint with Shenzhen Market Supervision Bureau, claiming that Fast Broadcast Company infringed on its right to disseminate information on the Internet about the works involved, and requested to investigate and deal with it.  Tencent is the exclusive licensee of the information network transmission rights of 24 works involved in the case, and it also licenses 13 works to a third party for non-exclusive use.  According to the contract submitted by Tencent, the price for direct distribution or replacement of the 13 works is 86.716 million yuan.

 

 Shenzhen Market Supervision Bureau applied to Shenzhen Yantian Notary Office for evidence preservation notarization.  According to the notarial deed, the 24 films and TV works involved in the case were searched by logging on the fast-track client on the mobile phone. the preferred link for each film and TV work was ' Tencent video'. the drop-down option next to ' Tencent video' was forged into ' other links' of famous video websites such as letv.com and youku.  After clicking on the ' other links', they entered some unknown websites that did not register according to law.

 

 In June 2014, the Market Supervision Bureau officially delivered the ' Administrative Penalty Decision' to the Fast Broadcasting Company, imposing a fine of 260 million yuan for its unauthorized acts of infringing upon the legitimate rights and interests of others, disrupting the copyright order of online videos and damaging public interests.


快播诉深圳市场监管局终审宣判:驳回上诉 维持原判


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