Beijing District High Court , EMI Group Hong Kong Limited v. Beijing Baidu Network Technology Co. Ltd., (2007) Gao Min Zhong Zi No. 593, November 17, 2006

Document type
Court Decision
Court rejected EMI’s claim against the search engine Baidu because EMI’s take-down notice to Baidu did not comply with the requisite formalities, and thus failed to specify the names of the works, their authors and the web addresses whose the infringing works were found. The Court cited Article 8, Paragraph 1 of the Interpretations of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Copyright Disputes over Computer Network (2004): “Where any copyright owner who, upon finding out the infringing information, warns the Internet service provider about this or requests for the network registration material of the infringer, but is unable to produce proofs of his the copyright owner’s identification, ownership of the copyright and the circumstance of the infringement, such warning or request shall be deemed not to have been made.”
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
Issues addressed
Notice Formalities
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)