Ahead of the demand broadcast “celebrate more than one year” case lost! Is iqiyi not satisfied?


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Source: China consumer daily
Iqiyi’s “Celebrating more than one year” on demand
Iqiyi lost in the first trial of the court
Its “on demand ahead” behavior constitutes breach of contract
Iqiyi replied
Reserve the right to appeal
On June 2, the Beijing Internet court pronounced the case of member v. iqiyi’s “Celebrating more than one year” on demand. In the first trial of the court, iqiyi lost the lawsuit, and its “on demand ahead” behavior constituted a breach of contract. In the court’s opinion, the “advanced on demand” model itself is not inappropriate, but it should not damage the existing rights and interests of members.
Subsequently, iqiyi responded to the court’s decision that the introduction of advanced on demand mode is to meet the increasingly diverse content viewing needs of users. Thank the court of first instance for not denying this exploration and attempt. And said that the right to appeal.
Tencent, iqiyi advanced on demand
Make netizens angry
On December 12 last year, Tencent video and iqiyi launched an advanced on-demand policy for the popular TV series “Celebrating the past year”, that is, the paid VIP members can pay another 50 yuan to watch another 6 episodes on the basis of leading non member 6 episodes on the weekly update day.
The move provoked public outrage
Immediately was being chased by the drama’s netizens “grudge” on the hot search
On December 17, 2019, Tencent video and iqiyi revised the rules of advanced on demand, but the netizens didn’t buy the move.
Think iqiyi infringes on the rights and interests of consumers
Consumers take iqiyi to court
Wu, a gold member of iqiyi, discovered these problems when he read “Qing Yiyue”:
Before the show, you still need to watch the “member exclusive advertisement”, you must click “skip” to continue watching the movie, which is not the member privilege of “no advertisement, automatic skip the title advertisement” promised by iqiyi;
At the same time, iqiyi company, on the basis of the VIP members’ right of “hot play first”, provides VIP members who are willing to pay by paying 3 yuan for a single episode, with the opportunity to watch the TV series in advance on the basis of the original viewing right of VIP members.
In addition, Wu found that the content of iqiyi VIP member service agreement (hereinafter referred to as “VIP Member Agreement”) has been unilaterally changed by iqiyi. According to Wu, the breach of the “pay ahead on demand” service mode infringes on the rights and interests of its gold VIP members. The VIP member agreement is invalid because it violates many standard terms of the contract law of the people’s Republic of China.
Wu believed that iqiyi company violated the legitimate rights and interests of its gold VIP members and sued iqiyi company to the court by implementing the way of “pay ahead of demand” on the iqiyi platform operated by iqiyi company, including “Celebrating more than one year”.
Court decision
“Advanced on demand” should not damage the existing rights and interests of members
In the first instance, the court identified four focus issues:
① There is nothing wrong with the on demand model itself, but it should not damage the existing rights and interests of members. The court held that the healthy development and operation of the business model is based on following the commercial terms, respecting the user’s feelings and not violating the relevant laws and regulations.
② Some of the format terms exclude the user’s main rights without reasonable prompt obligation, which shall be invalid. The court held that iqiyi’s “VIP membership agreement” was a standard term. At the same time, the format clause requires the user to promise to give up the claim that the format clause is illegal or invalid on the ground that iqiyi fails to fulfill its reasonable prompt obligation, which belongs to the situation that the format clause is used to formulate its legal obligation. To sum up, the above format terms are invalid.
③ “Member exclusive recommendation” does not constitute a breach of contract. The court held that the “VIP membership agreement” clearly stipulated the specific contents of “advertising privileges” and “members’ exclusive recommendation”, which indicated that other forms of advertising would still appear in the title of the video; in the VIP membership rights introduction page, iqiyi company clearly explained the specific contents of “advertising rights” through text description and picture examples. The advertising or members’ exclusive recommendation of iqiyi platform in the film and TV series are consistent with the above agreement, and iqiyi has not breached the contract.
④ “Pay ahead on demand” cut the rights and interests of Wu’s “gold VIP members” vertically, and unilateral change does not have effect on Wu. In accordance with the terms of the unilateral change contract, iqiyi platform launched the “paid on demand” service during the broadcast of the TV drama “Celebrating more than one year”, which damaged the rights and interests of gold VIP members to watch TV in advance, made the experience of watching TV for gold VIP members far lower than expected, and significantly reduced the entertainment and satisfaction of gold VIP members to watch TV plays. Iqiyi’s unilateral increase of “pay ahead of demand” clause damages Wu’s main rights and interests and does not change the effect of the contract.
In the judgment, in view of whether the “advanced on demand” behavior most concerned by everyone is illegal, the court said that it confirmed that “advanced on-demand episodes” in article 3.5 of iqiyi VIP member service agreement (updated on December 18, 2019) according to iqiyi’s actual operation needs, iqiyi will provide advanced on-demand services for some regularly updated video content on iqiyi platform Business mode: members can watch more episodes of this part of video content in advance after paying extra fees. The specific on-demand rules shall be subject to the actual description or provision of iqiyi platform. “It has no effect on the plaintiff Wu Mou.
Therefore, within ten days from the effective date of the judgment in this case, the defendant Beijing iqiyi Technology Co., Ltd. provided the plaintiff Wu with the rights and interests of “gold VIP members” of iqiyi platform for 15 consecutive days, so that he could enjoy the watching rights of the updated TV series of satellite TV and iqiyi high-quality self-made drama of iqiyi platform; the defendant Beijing iqiyi Technology Co., Ltd. compensated the plaintiff Wu with 15% of the loss of notarization fee 00 yuan.
Tencent, iqiyi advanced on demand
Make netizens angry
At present, more and more online dramas adopt the “advanced on demand” mode. On February 28 this year, Gong yuzeng, CEO of iqiyi, said that advanced on demand is very successful and will become a normal in the future.