(1) In this case, the BBS operated by the defendant “178.com” had a sub-platform for subscribers to upload ePub-formatted e-books, and a copyrighted book owned by the plaintiff had been uploaded without permission, so the plaintiff sued 178.com for copyright infringement.
(2) According to the court investigation, the defendant had a policy of rewarding these subscribers who uploaded content or replied to such content with virtual “silver coins”. Further, the defendant also appointed a moderator to manage the materials uploaded by subscribers. In this case, the infringing materials concerned was highlighted and edited by the moderator, so the moderator appointed by the defendant in fact promoted the transmission of infringing materials concerned. Based on the two reasons above, ChaoYang District Court in Beijing held that the defendant had induced its subscribers to commit infringements. See here for inclusion of this case among the 50 typical IP cases in 2013 in China
Topic, claim, or defense
Lowest Domestic Court
Type of service provider
Host (Including Social Networks)
Type of law
General effect on immunity