Baidu was fined Youku 1 million yuan for “Sansheng Sanshi Shili peach blossom”


Sina Technology News On July 1, 2020, Beijing Youmin Technology Co., Ltd. and Beijing Youmin Technology Co., Ltd. filed a final judgment Beijing Baidu Netcom Science Technology Co., Ltd..
Among them, Youku company’s appeal request is: rescind the first instance judgment, change the judgment that Baidu company should compensate Youku company for the economic loss of 5 million yuan, and delete the video files of the works involved in the case stored on Baidu’s network disk (server) according to law. The verdict was that the appeal was rejected and the original judgment was upheld.
According to the civil judgment of the first instance, Youku company claimed that on December 13, 2016, Youku company was authorized to obtain the exclusive information network transmission right of the TV series Sansheng Sanshi Shili Taohua. Since January 30, 2017, the works involved in the case have been broadcast online on Oriental satellite TV, Zhejiang satellite TV, Youku platform, etc., and have achieved high ratings and broadcast volume. On January 24, 2017, Youku company sent a right warning letter to Baidu company in advance on the ownership of the works involved and the situation of the upcoming online broadcast, requesting to take measures to prevent or stop the relevant infringement. However, after the online broadcast of the works involved in the case, there are still a large number of sharing links of the video files involved in the case released by Baidu network disk users. However, after Youku company sent 78 infringement notices, Baidu company did not delete the infringing content in a timely manner, nor did it take measures such as blocking eight Baidu Internet disk users who repeatedly published infringing content, nor did it shield Baidu Internet disk users from sharing video files with third-party platforms and websites by using the Internet disk sharing function. To sum up, Baidu company’s behavior infringed Youku company’s right of information network communication of the involved works, so it filed a lawsuit to the court.
The verdict of the first instance was: the defendant Beijing Baidu Netcom Technology Co., Ltd. compensated the plaintiff Youku network technology (Beijing) Co., Ltd. for economic losses of 1 million yuan and reasonable expenses of 30000 yuan.