No. 2 Intermediate People's Court of Beijing Municipality, Music Copyright Society of China v. Netease Com., Inc. & Mobile Communications Corp., (2002) Er Zhong Min Chu No. 3119, September 20, 2002

Document type
Court Decision
Holding that because Mobile Communications were merely providing a technical and passive service of network dissemination for receiving ringtones sent by Netease and forwarding them to its subscribers, it was not liable to an infringement. The Court further considered evidence that Mobile Communications was unable to select, examine or selectively delete the contents of the messages. Therefore, Mobile Communications has no duty and not at fault for the occurrence of the infringement when Netease used Mobile Communications’ services to transmit unlicensed (copyrighted) ringtones to its subscribers.
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Type of law
General effect on immunity
Strengthens Immunity