Piracy Problems in China

Cases

1. Beijing Online
On June 15, 1999 six renowned writers jointly filed a civil complaint before the Haidian District People's Court in Beijing, charging Beijing Online, one the largest Internet access and content providers in the PRC owned and managed by Beijing Cenpok Intercom Co., Ltd., for unauthorized and illegal copying and distribution of their works over the Internet. They specifically demanded compensations for their economic losses and mental suffering. On September 18, the district ruled in favour of the plaintiffs, awarded Renminbi 26,580 (US$3,200) in compensatory damages but rejected award for mental distress. The defendant appealed. In December, 1999, the Beijing First Intermediate People's Court (BFIPC) reviewed the case. Despite some speculations that the court mightneed more time to ponder the issue, decision was issued right the trial. The court affirmed the lower court's ruling is appropriate.

Analysis: This is one of the well-known copyright infringement lawsuits in the PRC concerning the liability of an Internet service provider. Indeed the case has generated very mixed feelings within the legal, political and business communities in the PRC. The significance of the case has brought more challenges to the Copyright Law of 1990 (**this law was not mentioned in the table above) and other IP laws in the days ahead concerning the use of Internet. Second, it is inevitable that the current law must be revised and the National People's Congress will be the final forum for similar debates to take place. Regardless what the outcome may be and how many people in China are still living without electricity, a good part of China has clearly crossed the threshold and entered the squabbling stage in how to deal with the new digital age.