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China’s highest court ruled on
Thursday that Yahoo! China had illegally facilitated free music downloads and
thus helped Chinese pirates spread infringed music tracks. This means that the
eleven major record labels that had sued Yahoo! China in January scored an
important victory against the popular Internet company, which now has to pay $28,600
(210,000 yuan) in damages.
The decision that the Beijing
Higher People’s Court took on Thursday sustained a lower court’s previous ruling
against Yahoo, which now really has to delete the problematic links that
allowed users to download no less than 229 songs from other web sites.
Yahoo China continually denied any liability
to the accusations brought by EMI, Universal Music Group, Warner Music, Sony
BMG Music Entertainment and others, as the company claimed that it can not be
held responsible for third-party web sites. As a search engine, Yahoo said it
merely found links to those outside web sites that in fact carried music that
had been illegally copied.
But it seems that the Chinese
courts did not believe Yahoo’s claims and considered that the company
intentionally helped online music pirates. However, the record companies, which
were represented by industry group International Federation of Phonographic
Industries (IFPI), were awarded with only $28,600 in damages, despite the fact
they sought no less than $750,270.
Piracy represents a major problem
in China
and this is probably why both the Beijing No. 2 Intermediary People's Court and
the Beijing Higher People's Court immediately sided with the record companies.
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