The New Development of Music Television and Millet Copyright

Wu Feng Heng

Additional prosecution - music and millet copyright dispute has made new progress.

Recently, Haidian District Court sued Millet for LeTV, and Infringement of Television (ICNTV) infringement on the copyright of its seven films and TV dramas respectively, and Xiaomi and ICNTV respectively took the tort liability. Judging from the results, millet should assume the same responsibility with the future of television.

Terminal manufacturers and content providers to share tort liability, which is also a new case in the field of intellectual property. But things have not settled, millet repeatedly high-profile innocence after the verdict was issued, and win over ICNTV - Music as the license partner counterattack, threatened joint appeal, music, the days are not easy.

The music is also preparing to launch a new lawsuit next week, "Xiaomi has always claimed to assume the passive and joint liability, this statement we can not agree, so we will select a few specifically sued Xiaomi this time, hoping Xiaomi can face their own responsibilities." LeTV Liu Xiaoqing, director of legal affairs, told First Financial Daily reporter.

Infringement storm

Although it is a three-way infringement lawsuit, LeTV has targeted the millet. In one of the seven dramas, "Jinling 13 Hairpin" (hereinafter referred to as "Jin") verdict, LeTV listed Xiaomi as the first defendant. However, although ICNTV has repeatedly expressed its wish to monopolize responsibility, it is clear that this is not a war between MTV and ICNTV.

ICNTV is one of the seven licensee companies authorized by the State Administration of Press, Publication, Radio, Film and Television to carry out Internet TV business and is a subsidiary of China Internet TV. In view of the State Administration of Press, Publication, SARFT has stopped issuing Internet TV integrated services license, ICNTV license holders become scarce resources.

In fact, LeTV, Xiaomi and ICNTV have established cooperation. According to "First Financial Daily" reporter many understand that the copyright lawsuit in LeTV, in essence, due to ICNTV exclusive film and television resources as provided to Millet - Internet TV services, music as a strong competitor.

Take "Gold" as an example, its production unit and filming unit are new screen companies. Later, the new screen company granted "Golden" exclusive information network transmission right, rights protection and sub-delegation to LeTV Company. "During the litigation, Xiaomi Company and Future Television The company has no objection to the rights of LeTV Company to enjoy the exclusive right of information dissemination.

On May 2, 2013, LeTV Corporation and ICNTV reached an agreement on cooperation in Internet TV business to promote Internet TV business. If the cooperation is limited to LeTV and ICNTV, given the irreplaceable role of the latter in the cooperation of the LeTV licensees, the two parties may not be able to act in court. After ICNTV signed the agreement, Xiaomi also reached content cooperation with ICNTV, ordering "Golden" in the box of rice.

According to the "First Financial Daily" reporter understands, "Internet TV Business Cooperation Agreement" for the use of music video content restrictions have been made, and music as the cooperation of the "music as the area", the other methods of use should be Music written authorization. Without the authorization of music, ICNTV shall not use the music content on its own or in cooperation with third parties outside the "music viewing zone", nor shall it establish a "music zone" on an unilateral basis.

It can be said that the use of music and television drama ICNTV can not bypass music, but its rival millet box has appeared more than 500 music and drama. It seems that even if ICNTV violates the agreement, ICNTV is also directly infringed, which is the basis of Xiaomi's grievances.

"The key point is that the millet box charges money in millet, and millet shares the benefits with the future television." Millet said in a set-top box that there are a large number of genuine film and television works in this way to promote its own products and services. "Attorney at LeTV, Lawyer Wu Zi Fang told reporters.

"The reason for hardware manufacturers to take responsibility for content infringement, there is a very special reason is that the hardware and content have a binding, is a complete integration." Shanghai Legal Network Linhua told reporters. Lin Hua also pointed out that this binding is due to administrative control. "Radio and television have a mandatory requirement that TV box manufacturers must bind with a licensee and be exclusive and can not cooperate with others."

The monopoly of license resources allows licensees and terminal manufacturers to gain greater voice in the competition. However, "both hardware manufacturers and content producers are subject to many restrictions, there is no full market," Lin Hua said.

"Our appeal is very simple, at least not in the millet products music products, do not have piracy." Liu Xiaoqing told reporters. After getting the verdict of the first instance, Liu Xiaoqing found that there are still 61 LeTV films in the millet set-top boxes. However, the high-profile millet also launched a counterattack with ICNTV and the cooperation between LeTV and ICNTV also faced the test. That is why LeTV decided to file an additional prosecution.

Copyright war

To a large extent, LeTV's attempt to evade ICNTV's prosecution of millet is also a way of market competition. For many people, the real rival for LeTV is millet.

"Letv TV as the core business, can not be forgotten; millet in the television this is only an edge of the business, certainly want to be the future as the main business." China Mobile Alliance Secretary-General Lao Jie accept the "First Financial Daily" said in an interview .

Years ago, LeTV started as a broadcast channel and became one of the major film and television content providers. It has also extended its tentacles to hardware to form an ecological closed loop. Millet shares in the Thunder, millet started from the mobile terminal will also be part of the copyright resources, to create from the hardware to the content of ecology.

"Xiaomi's ecology is not as complete as LeTV, LeTV can not compete with hardware and hardware, but tighten the content." Lin Hua said.

Millet advantage lies in the hardware and systems, starting millet mobile phone has accumulated a large number of high loyalty users. Millet also pay attention to through the forum and user interaction, product marketing. However, in 2013, LeTV sued millet forum for copyright infringement in the name of "piracy broadcast", and Xiaomi had lost the verdict. It is not difficult to see that millet was "passive" by opponents.

In Linhua's opinion, millet in film and television content is still relatively blank at present, and has taken the cooperation with content providers to make up for the shortcomings. For example, Xunlei has entered into a partnership with ICNTV. "The cooperation with Thunder will largely alleviate Xiaomi's complete blank in content," Linhua said although the cooperation between the two parties is not yet about to solve the content problem immediately.

In the Internet TV, exclusive content has a very good competitive edge, monopoly fans, tied fans attention. Lao Tuan believes that the future of Internet TV will be dominated by content, and video resources are basically monopolized by several major websites, copyright determines the trend.

In the millet box, massive genuine drama is a major highlight of the product, the more exclusive content can naturally promote the occupation of the market millet box.

"The competition in the future (in the field of Internet television) will not be as pricey as that of Master Kong and unified competition, but it may avoid the head-on competition or the upstream or downstream of the industry, putting competitors in a very awkward position. Over a year ago, 360 Launch their own search, Baidu's response strategy is very clear banned 360 crawlers to crawl Baidu content. "Lin Hua said," Who can control the ecology, who can use other than their own strength. Content-based information dissemination In the control of the content, will add new style of play for themselves. "

As the state strengthens its efforts to control the copyright on the Internet, Lin Hua said: "Any decision must take into account the economic consequences as well as the legal consequences. The operation should start from the legal basis."