A film company sued a VR intelligent device sales website to the court. The company held that it enjoyed the exclusive information network transmission right of a film involved in the case according to law, but the website provided the film download service without authorization and demanded the other party to compensate for the economic losses. The website argues that the videos involved in the case are uploaded by users and need to be downloaded through Xunlei, and they are not stored on their own servers; moreover, they have fulfilled the obligations of network service platform providers, and they do not charge for users’ registration and use, and they also fulfill the obligation of prompt. After hearing, the court held that the user involved in the case, without the permission of the plaintiff, arbitrarily released the post with the download link of the film involved in the case, so that the unspecified public can obtain the film involved in the case at the time and place selected by the individual, infringed on the plaintiff’s right of information network communication of the film involved in the case, constituted a direct infringement, and ordered to compensate the plaintiff for the economic loss of more than 20000 yuan.
The court found that the website involved in the case is specialized in selling vr virtual devices. If such virtual devices want to get a better use experience, they need high-quality 3D HD video resources. “Video resources” are listed in the “recommendation section” on the home page of the website involved in the case, in which there are a large number of download links to professionally produced and complete 3D HD video resources in the form of Internet users’ posts. If Internet users want to purchase and use vr virtual equipment, whether they can easily obtain professional 3D film and television resources should be a key factor to decide whether they finally purchase. It can be seen that the website has the main intention of allowing netizens to provide 3D high-definition film and television resources to improve their potential users’ purchase intention.
The website should know that the film works need to invest a large cost, and the production of 3D HD film and television resources needs to invest additional professionals and equipment, which costs a lot. For the sake of economic benefits, Internet users are usually not authorized to upload them to the website for free to share. The name of the post involved in the case is the name of the film involved in the case, and the post is published in the “video resources” section. The website operator should bear a higher duty of care, and should realize that the download link of the film involved in the case is not deleted without the permission of the copyright owner, which is subjective fault. Therefore, the court held that the behavior of the website constituted abetting and assisting infringement.
The defendant’s assistance in the infringement of information network communication by the uploading users of the films involved in the case constitutes an infringement on the plaintiff’s right of information network communication, and the plaintiff has the right to require him to bear the corresponding civil liability. The court finally determined the amount of compensation according to the comprehensive consideration of the type, popularity, service life of the film involved, the defendant’s subjective fault, infringement plot and so on.
Virtual reality technology (abbreviated as VR) is a new practical technology developed in the 20th century. In order to improve sales volume, VR equipment sales enterprises should provide ancillary services to improve user experience satisfaction and increase user stickiness. However, the premise is to do a good job in copyright protection in advance, strictly perform the duty of review, and not allow the use of unauthorized film and television works.
Editor in charge: CT