Thunderbolt by 7 Hong Kong and Taiwan(China)major record company claims 20.5 million yuan

Source: Internet
Author: User
Keywords Download Open
Tags company consumption download download services download software links list music service


Summary: This or together will affect the online music consumption patterns of litigation. Including Sony, Warner, New Art Bao, the world, including 7 major record companies, Hong Kong and Taiwan(China) will Shenzhen Thunder Network Technology Co., Ltd. (hereinafter referred to as Thunder Company) sued the court, the claim of 20.5 million yuan, Daniel



This or a lawsuit that will affect online music consumption patterns. Including Sony, Warner, New art treasures, around the world, 7 major record companies, Hong Kong and Taiwan(China), will Shenzhen Thunder Network Technology Co., Ltd. (hereinafter referred to as "Thunder Company") to the court, the claim of 20.5 million yuan, the reason is "knowingly or should know without permission to upload infringing audio products, provide search, links, list and download services."



The day before yesterday, the case in Shenzhen in the second session of the Court, the Thunder company said it only provides search function, after the user download the infringement of the music files are from Third-party servers, and Thunderbolt company has nothing to do. The case is still pending further.



250,000 yuan per song infringement claim



The 7 Hong Kong and Taiwan(China) music companies that Sue Thunderbolt include: Sony Music Entertainment Hong Kong 2¥q (HK), Sony Musical Entertainment Co., Ltd. (Taipei), Warner Records Limited (Hong Kong), Warner International Music Co., Ltd. (Taipei), Universal Records Limited (Hong Kong), Universal International Record Company Limited (Taipei), New Art Treasure Record Co., Ltd. (Hong Kong).



Taiwan(China)'s 7 companies, such as Sony, said: Thunderbolt Company in its website and related sites, in a variety of ways to provide the plaintiff company has a large number of copyright recordings of the deep links, as well as audition and download services, to network users to provide infringing copies of the recorded products involved.



In addition, the Thunderbolt company also in its "Thunder Music Network" on the provision and guide network users to use "Thunder 5" and "Web Thunder" Download software and "Thunderbolt listen to" plug-ins, Thunder download software to form and operate a set of "Thunder Music service System" in a variety of ways to provide users with more convenient and efficient music audition and download services.



The Thunder through its music website and the music service system provides the depth link such as Rainie "ideal lover" and so on the recording product, has not passed through 7 plaintiff company authorization, belongs to the network illegally spreads the infringement recording product.



Thunder Company through the Thunderbolt service provided by the user Search, list classification, online audition, multiple resources to download and other ways for the infringement of audio products on the internet spread, providing a channel and convenient conditions, objectively participate in, and help the illegal transmission of infringing recordings. In the subjective, the Thunder company knowingly spreads on the network is the infringement recording product, but in order to participate in, helps the infringement to specially design and the Operation Thunderbolt Service, has the obvious subjective fault.



Taiwan(China), Sony and other 7 companies to request a court decree Thunderbolt Company immediately stop infringement, and public apology, compensation for its economic losses amounted to 20.5 million yuan, at the same time to pay notarization fees, lawyers fees and other rights of reasonable costs.



Both sides of the original defendant expressed their willingness to accept conciliation, and the judges respectively made conciliation work separately with the two parties ' agents.



Thunder from Chen:



More than 30 tort lawsuits



$21.8 million claimed



June 9 This year, the thunderbolt to the U.S. Securities and Exchange Commission to submit a listing application, planned in the Nasdaq IPO, the stock code for "Xnet", plans to finance 200 million of dollars.



In the prospectus statement of risk factors, Thunderbolt State the current and future potential for infringement lawsuits and related claims, most of these disputes with the "Thunder to see" and "Dog search" related. The prospectus shows that the Thunderbolt received 126 cases of alleged tort lawsuit in 2010, and received 10 pieces in the first quarter of this year.



Thunder in the prospectus stated that as of March 31 this year, 87.7% of the relevant cases have been resolved or rejected by the court. At the end of the case, Thunderbolt has a lawsuit, was sentenced together with the United accused to the plaintiff compensation for 100,000 yuan.



At present, there are still more than 30 cases of thunder infringement lawsuit has not been pronounced, the amount claimed is about 21.8 million yuan (about 3.4 million U.S. dollars).



Controversial Focus:



Is the thunderbolt knowingly infringement and intentionally?



Taiwan(China)'s Sony and other 7 companies believe:



The network is full of unauthorized reproduction and dissemination of music, which is well known. Unfortunately, the Thunderbolt company in the "knowingly and should know" the subjective state, did not take any effective verification or prevention of infringement measures, but deliberately in various ways to the public to publicize, promote, collect and provide the depth of infringement music links to user search, list classification, online audition and other means, all-round, Multi-angle for infringing recording products of large-scale illegal downloading, uploading to provide many facilities and convenience, the consequences of infringement extension and amplification.



Thunder Company provides the "dog search Engine", "Dog Music Search channel" and other software and its plug-ins, is based on pirated music entirely. The plaintiff in May 2009, June to the Thunderbolt two issued infringement notice, but the Thunderbolt company did not take any measures to stop the spread of infringing audio products.



Thunder Company:



"Thunderbolt 5" is indeed embedded in the above plug-ins, but did not "use technology infringement", not to mention the "dog" end of last year has been off the "thunder." As for the so-called "list", it is not the company's subjective human choreography, but the machine through a song users download or audition frequency, and thus directly crawl form the list. These songs are not stored in the Thunder of the server, but the user through the link to the Third-party Web site.





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