Baidu Wins Again; Chinese Court Finds No Copyright Infringement In Linking To Music

from the maybe-the-ifpi-should-withdraw-from-china dept

One of the biggest reasons why Baidu has been so popular in China is because it helps people find music to download. Of course, it mostly finds unauthorized tracks, and once Baidu became a public company, the lawsuits quickly followed. Baidu won, but the record labels/IFPI sued again. However, once again, it appears to be for naught, as a court has ruled in favor of Baidu, saying that just linking to infringing content isn't infringing itself, and pointing out that the IFPI failed to point to a specific site that was actually hosting the infringing content. While I think that the basic reasoning behind the ruling (just linking to infringing content shouldn't be considered infringing) makes sense, there actually is a fair amount of evidence that Baidu is a lot more involved in actually hosting and hiding the content itself. Of course, you also have to wonder how much the fact that Baidu is a Chinese company, and the IFPI represents foreign labels, played into the way this has turned out. Perhaps the IFPI could take a page from Google's book and "leave" China as well.
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Filed Under: baidu, china, copyright, infringement
Companies: baidu, ifpi

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  1. identicon
    Anonymous Coward, 26 Jan 2010 @ 3:12pm

    Look at China.
    A society with no religion

    Except Buddhism Confucianism, Taoism, Islam, and Christianity (to name a few).

    no green/clean/eco

    Unless you count the wind farms, the hydroelectric power dams, and the high poverty levels where most people can not afford otherwise.

    no IP laws and no war.

    Apart from the Intellectual property rights, and decrees in the areas of trademark, copyright and patents. And has been a member of the WIPO since 1980.

    As for war? I seem to remember a little spat over in Tibet not too long ago. Hundreds killed, soldiers involved in military actions, stuff like that.

    A heaven for science, industry , information and commerce.

    Which industries? State run industries where employees are given small stipends and allowances that barely cover the costs of living? Or the foreign owned companies which are staffed by over worked, under paid workers with little choice? Or are you referring to the smaller, yet rising Middle Class of more affluent and professional people? Perhaps you mean the thousands of relocated and displaced people who couldn't afford to re-establish their former businesses?

    Information is tightly controlled by the Government. Communications outlets (phone, mail and internet) are regularly screened. Any discoveries made in science labs or development firms are quickly classified "State Secrets," and locked down, and if it weren't for a number of Western and East Asian companies opening businesses in China in the past 30 years, commerce would have continued to stagnate.

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