MCSC, Baidu to Settle Copyright Infringement Out of Court
Beijing Daily, 11/14/08
The Music Copyright Society of China (MCSC) and Chinese online search firm Baidu (Nasdaq: BIDU) have agreed to settle their copyright infringement dispute out of court. Originally, the MCSC sued Baidu in the Beijing Haidian District People's Court, requesting RMB 1 mln in compensation for infringement of its copyright on over 50 songs. The MCSC had held that online search firm Baidu was violating its copyright by providing song lyrics to web surfers. A spokesperson for Baidu claimed the company was not infringing on copyright, and only using Internet search and caching technology to provide a passive search of music lyrics.
Editor's Note: In discussion with a lawyer familiar with the case, Marbridge was informed that the conciliation directive issued by the judge does not simply mean an ";out of court settlement"; process between just the MCSC and Baidu, but rather one which will still be presided over by the judge, with the prospect that it could still end up with a court ruling. The same lawyer added that a conciliation presided over by the court differs from a settlement "out of court" in that conciliation is part of the judicial procedure and an alternative, though milder, way to resolve disputes in China. It only starts after hearing of facts and the court usually has figured out the result of the case at that stage. In most cases the court will try to close the case by conciliation and even push disputants to reach a conciliation. For more background on MCSC's suit against Baidu, please see "Music Copyright Owners Line Up to Sue Baidu", MD 2/26/08 issue.
Keywords: online music Baidu Beijing Haidian District People's Court BIDU copyright Internet Music Copyright Society of China online search IPR infringement law litigation
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