No. 2 Intermediate People's Court of Beijing Municipality , Music Copyright Society of China v. Netease Com., Inc. & Mobile Communications Corp., September 20, 2002

Document type
Court Decision
Country
Holding that the defendant, who operated the website chinamp3.com, was not liable for disseminating the plaintiff’s sound recordings by merely linking to them, by selecting, organizing and finalizing the various links to infringing third party sources. However, because the Defendant could discriminate between licensed and unlicensed recordings, and that the Defendant ignored his duties and intentional participation in the illegal dissemination of unlicensed recordings, Defendant is jointly liable with the third party websites under Article 130 of the General Principles of the Civil Law.
Country
Year
2002
Topic, claim, or defense
Copyright
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Other
Type of law
Civil
General effect on immunity
Weakens Immunity