Recently, OTT box aggregation software has encountered difficulties. CCTV International Network Co., Ltd. (hereinafter referred to as CCTV) has infringed its own copyright and unfair competition grounds. Shenzhen Golden Asia Pacific Technology Co., Ltd. (hereinafter referred to as Golden Asia Pacific) and Beijing Mei Zoumou Technology Co., Ltd. (hereinafter referred to as the picturesque company) and Zou Mou, head of the VST website, was told to Haidian Court and claimed 1 million yuan. The reporter learned yesterday that the Haidian Court indicted 3 defendants for infringement. Reminiscent of the previous iQiYi suing the kaleidoscope video (again converging video applications and then crashing iQiYi outraged and inflicting infringement lawsuits), it can be seen that the aggregated software will encounter Waterloo after its rapid growth.
CCTV claimed that it discovered that the V8 set-top box, which was produced by the Golden Pictures Asia Pacific Company and the Pictures of the United States and sold by the picturesque company, provided TV “live” and “review” services to users via the Internet. The channels involved were: There are 24 sets of CCTV1, CCTV2, and so on. There are 25 legal titles for television programs and the closing ceremony of the 22nd Winter Olympic Games. CCTV believes that it has obtained exclusive rights for the distribution of television channels and programs authorized by CCTV. The 3 defendants have provided users with “live” and “return broadcast” services without authorization, which infringes their copyright and constitutes unfair competition. Therefore, the court appealed to the court to order the 3 defendants to stop the infringement immediately, publish the infringement statement in the relevant media, and jointly compensate the economic loss of 1 million yuan and a reasonable expenditure of 50,000 yuan.
In response, Golden Asia Pacific argued that it was only a hardware manufacturer. The product was shipped without any software and there was no infringement; U.S. Pictures claimed that the set-top box contained no content, and its playback was similar to a navigation or search behavior. The display of the broadcast is the CCTV logo, CCTV’s own channels and programs, and the product in question has ceased to be sold; Zou also argued that he should not take responsibility.
Haidian Court held that the operator of the 24 sets of programs that the Central People's Government considers to be involved also organizes the right to broadcast the programs involved. Although these programs have public properties, but can not deny the right of CCTV network authorized by the exclusive network of the right to spread, so the CCTV network is a suitable plaintiff, others without permission, may not be broadcast without permission. Gold Asia Pacific is the manufacturer of the products involved, and the picturesque company is the seller. There is no special distinction between the two. The packaging of the products is also marked as "beautiful," and the V8 products are automatically implemented after accessing the Internet. Simultaneous live TV broadcast and look back function, in which the live part is realized through VST all-aggregation software application, and Zoumou is the person in charge of the VST all-in-one polymerization. He argues that he has nothing to do with the case. The court lacks relevant evidence. Adoption letter.
In the end, the 3rd Defendant of the Haidian Court immediately stopped the infringement in the first instance. The picturesque company and Golden Asia Pacific Co., Ltd. compensated the economic losses of the CCTV network by more than 500,000 yuan. Zoumou assumed joint and several liability within 150,000 yuan.
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