China Daily

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yesterday, "Zhejiang online respondent infringement" in the Zhejiang Provincial High Court hearing, the maintenance of Hangzhou Intermediate Court ruling in court verdict, dismissed the appeal Beijing News.

Beijing News Agency in 2008 to "Zhejiang Online" Web site sued Hangzhou in the hospital, because the site a lot of work plaintiff reproduced without authorization. 2 million yuan the plaintiff for damages. Subsequently, the Hangzhou Intermediate People's Court because the plaintiff refused to work more than 7,000 separate articles on file, and dismissed the prosecution. The Beijing News appealed to the Zhejiang Provincial High Court. July 2 this year, Hangzhou, Zhejiang Province Supreme Court to maintain "sub-charges against" ruling.

attorney Gordon Liu Beijing News, this analogy, "We stolen a basket of apples, of course, demands for compensation by a basket, but will not ask the way to claim compensation for each apple. As whether there is a stone basket, it is the defendant and the judge of the screening, and the court simply because the defendant felt the stone basket may be refused in considering this theft. "the Beijing News said it would appeal the Supreme Court.

v. Zhejiang, the Beijing News Online reported illegal Reprinted 7706, Hangzhou Intermediate People's Court required the plaintiff according to a report one case of points charged, and the plaintiff does not agree to accept charges against dismissed Beijing News prosecution. Appealed against this decision, appeal to the Beijing News Zhejiang Provincial High Court. Yesterday, the hospital trial and in court rulings in the original ruling, dismissed the Beijing News, the appeal request.

Earlier, Zhejiang Provincial High Court has twice hosted the two sides of court mediation, Zhejiang line acknowledging the fact of infringement, but because of the amount of compensation is too low, the mediation failed.

court Focus:

"1" split into "7706" are based on?

yesterday, Zhejiang Provincial High Court that the second trial, the focus of controversy is the nature of the case the trial court the case should not be dismissed joinder whether to prosecute the Beijing News Agency, the facts and legal basis.

Yu Hua, Zhejiang online attorney that the 7700 Beijing News Agency will work independently existing pieces combined in one case claiming rights, in violation of the civil case the principle of a complaint, and refused to sub-charged The trial court accordingly dismissed the prosecution of compliance with the law.

Beijing News attorney classes Lei, Gordon Liu in court that the Hangzhou Intermediate People's Court and the case heard by the admissibility of the case and the case was tried several times and cross-examination, procedures for accepting the case here 20 months 28 days, and suddenly ruled that the case can not hear, there is no legal basis.

"If the Hangzhou Intermediate Court and the cases that can not be heard, why not point out when placed on file, and to drag it 20 months before that?" Gordon Liu expressed puzzled.

class Lei pointed out that the Beijing News editors and reporters of the labor contract, authorship of their works than all the copyright property of foreign newspapers, 7706 was illegally reproduced manuscript online Zhejiang although involving more than 500 journalists editing, but according to the labor contract, are the subject of the Beijing News newspaper copyright are vested. Therefore, the Beijing News Agency based on the fact that copyright infringement dispute with Zhejiang Online, the main body of the same content as a single claim, the trial court dismissed the prosecution of an application error of law.

trial differences:

evidence submitted is complete and clear

court, Yu Hua, said the list of suspects accused of infringing works up to 857, and it includes 7706 articles written works and 2,477 images work, a huge number, The Beijing News reporters and editors of the contracts with the evidence as a prosecution lawyer who did not get, and some evidence of ID is lost, the order of chaos, resulting in no more than 11 right.

class Lei produced in court in Hangzhou Intermediate People's Court received the list of all the evidence submitted by the Beijing News confirmed the Beijing News reporters and editors of the contract with the evidence, before ruling as early as in the first instance be submitted to the Hangzhou in the hospital do to Beijing News, a binding legal obligation, as to whether the Hangzhou Intermediate People's Court has been provided to prosecutors, has nothing to do with the Beijing News agents.

class Lei believes that the evidence submitted by the Beijing News, all sequentially numbered, numbering has been disrupted, was submitted to the court after the evidence, and that the defendant access to agents has also led to some of the many No evidence has been disrupted. Agents of chaos in the defendant said the number could not lead to litigation can not be compared, there is no case law to resolve the sincerity of excuses.

court trial, Yu Hua has also cited several number of different evidence, that the evidence of the articles reproduced in the manuscript is not the Beijing News Zhejiang Online, but the association of Zhejiang-line units.

class Lei believes that Yu Hua claim can not be compared to the evidence, but evidence from more than 7000 to find the individual counter-examples, said the evidence shows that their number is not chaos can not be compared.

of-court mediation

compensation is too low, the mediation failed

11 o'clock yesterday morning, after two hours of the trial, the presiding judge shall announce retirement health court for 30 minutes.

during recess, the presiding judge shall make mediation health. During mediation, Zhejiang online that is willing to admit the fact of infringement, and pay royalties. But in the end because of the amount of compensation is too low, the mediation failed.

trial resumes, should be a health to read out in court award of more than 3,000 words.

award, said the merger of First Instance heard the case the court found that the existence of obstruction of the trials and to identify the situation of the objective facts, the Beijing News Agency made a full release tomorrow, asking them according to certain categories of cases way points charged. Hospital social rejection in the case of Beijing News, Beijing News Agency rejected the prosecution inappropriate. The Beijing News Agency appeal is not tenable. The original ruling the law correctly applied procedures properly, should be maintained.

attorney Gordon Liu believes that the final decision on the Supreme Court in Zhejiang Province is also not convincing to require sub-charges against the ruling Beijing News did not quote any of the legal provisions, is clearly no legal basis for the ruling .

Gordon Liu said, "an analogy, we have stolen a basket of apples, of course, demands for compensation by a basket, but will not ask the way to claim compensation for each apple. As to whether there is a stone basket, It was the defendant and the judge of the screening, and the court can not consider the defendant may have a stone basket, refused to hear of this theft. "

Beijing News agency counsel, the case for nearly three years fighting the last back to square one after another of all "procedures"; though the defendant on many occasions acknowledged the fact of infringement, but a series of procedures in the court case has not yet entered the real "real trial."

of the Zhejiang Provincial High Court "rejected the appeal and upheld the original ruling," the final decision, the Beijing News official said, will appeal the Supreme Court within the legal limitation and maintain proceedings in the end, to protect their legitimate rights and interests.

reporter Chu Hangzhou towards new report

■ Sound

"Southern Weekend"

2010 年 5 月 27 日

entitled "Beijing News Zhejiang Online illegally reproduced appeal court told sub-7706 prosecuted the" reported. In this paper, the former President of the Supreme People's Court Jiang Zhipei IP told Southern Weekend: "sub-case is clearly contrary to the spirit of the Civil Procedure Law, had the plaintiff is a defendant is one way of the same infringement. The judiciary should not have made this common mistake. "

" China Times "

2010 年 6 月 28 日

entitled" Rights on paper media work is still embarrassing. " The article said that in recent years ... ... the high cost of the copyright holder activists, the embarrassing low amount compensated is a common ... ... ... ... Copyright Information Network Transmission Right is one, and in the "Information Network Transmission Right Protection Ordinance" has clearly defined ... ... In other words, prior approval of the license and "pay" is the legitimate use of paper media content network, two essential premises.

"Democracy and the Legal Daily"

2010 年 6 月 28 日

entitled "Beijing News, face legal barriers behind defenders." The article mentioned that the Beijing News on Zhejiang online copyright infringement case, by the industry as the "hidden rules" go to war ... ... the rise of Internet media, network media to rely on illegally reproduced works on paper media, advertising fees earned income, continue to enjoy The "hidden rules" of Sheng meal.

"China News Publishing newspaper"

2010 年 6 月 29 日

entitled "The Beijing News 3 years online infringement complaint back to the origin of Zhejiang "Wen, China Copyright Protection Center deputy director of the cable to the military told reporters, copyright law does not carry out the provisions of the default swap. No matter in accordance with copyright law or the State Council promulgated the "Information Network Transmission Right Protection Ordinance," the provisions of articles published in other newspapers are the copyright owner's permission to go through and pay compensation. Unless published in the news, that is, the mere fact that news media reports, which are not subject to copyright protection.

■ Rights timetable

2007 年 7 月

Beijing News found that "Zhejiang Online" Web site and phone reported unauthorized, unauthorized reproduced a number of new Beijing reported works. The Beijing News sent a written letter and several phone call, to stop violations, and pay royalties. Zhejiang Online does not take measures.

2007 年 8 月

Beijing News article on forensic infringement found online by the end of 2003, Zhejiang to July 2007 illegal reproduced works 7706, total 2477 pictures.

2007 年 9 月

prosecute the case to the Beijing News, one of Beijing hospital, claiming 2 million.

2007 年 12 月 3 日

in hospital in a court case, the defendant did not appear Zhejiang Online.

2007 年 12 月 20 日

because the trial judge requested the document reproduced in paper work than on the list, the Beijing News Agency agreed to the first withdrawal, additional evidence after the prosecution list.

2008 年 1 月 11 日

case placed on file in the hospital again.

2007 to end in early 2008

unit in charge of coordination, Zhejiang online and be signed by the Beijing News, "the Beijing News, reprinted on the infringing reproduced apologize and pay royalties," the settlement agreement However, before the signing of a sudden go back on, and continue to illegally reproduced Beijing News original works.

2008 年 2 月 15 日

Zhejiang line suddenly raised objection to the jurisdiction.

2008 年 3 月 18 日

a Beijing Intermediate Court ruled that the case be transferred to Hangzhou Intermediate People's Court.

2008 年 8 月 1 日

Hangzhou Intermediate People's Court placed on file.

2008 年 11 月 至 2009 年 3 月

Hangzhou Intermediate People's Court carried out 3 times and 4 times the exchange of cross-examination of evidence.

2009 年 4 months to October

Hangzhou Intermediate People's Court case of secondary replacement contractors, jurisdiction limits any further delays.

2009 年 8 月 14 日

trial, the court said several times during the contractors to be involved in first 50 articles of the former verdict, the Beijing News has agreed to the court ideas, but has not been results.

2009 年 10 月 30 日

another trial, completed all the court proceedings.

2010 年 1 月

Hangzhou Intermediate Court informed the Beijing News and demanded that "sub-charged."

2010 年 2 月 4 日

Beijing News Agency response Hangzhou Intermediate Court did not agree separate file, to separate the trial.

2010 年 5 月

Hangzhou Intermediate Court in Beijing News refused to sub-charges against the ground, dismissed the prosecution.

2010 年 5 月 21 日

Zhejiang Provincial High Court appeal to the Beijing News Agency.

2010 年 7 月 2 日

Zhejiang Provincial High Court upheld the court, ruling in court, upheld the original verdict, dismissed the appeal.