November 11,, the Chinese mobile phone game developers league (hereinafter referred to as "CPU alliance") to baidu filed a lawsuit, said the website baidu WAP gaming channels of more than 300 of the piracy involved CPU alliance cell phone game, and according to each game 100000 yuan price put forward a claim for the total 30 million dollars.
Face charges, baidu, responded that baidu YiDongWang website of the game are from the third party web site, baidu has never to crack mobile games and uploaded to the web site, in order to improve the intelligent mobile phone users network transmission efficiency and to the use of the mobile Internet experience, baidu take certain technical means to help more rapid and stable cell phone users to download and use from a third party web site game on mobile phones.
The lawsuit is present known mobile games involving a value field one of the biggest cases, and at the same time, with the search engines about, can say much attention. But at the same time, the case in the legal dispute is larger, the two parties argue, litigation war end result how, external hard to judge.
Baidu and surface rights case
Baidu over the past few years has been praised by the copyright problem. MP3 search has around there appear a large number of litigation disputes, including both domestic many times of the holder of the prosecution, also have a few big international record company joint encirclement and suppression, which has a negative baidu wins.
But, the original of the trend of The Times, and all kinds of pressure under, baidu finally realize the MP3 business model transformation, that is, no matter from which links to third party websites, as long as it is produced listen or download, all by baidu to record companies and the holder of the songwriter pay.
March 15,, jia ping-wa, liu, han han, guo jingming more than 50 famous writers such as united against baidu library infringement of copyright piracy, the legal rights and interests. Then music festival, publishers public support of writers, the national copyright administration get involved. Finally, baidu launched library copyright cooperation platform, with the right holder for cooperation, this paper puts forward into and paid advertising divided into two cooperation mode.
Mobile games is the MP3, after baidu library by copyright troubling and a field. Because the user viscosity is relatively strong, the profit model clear, cellular phone game in the field of mobile Internet has become an important investment hot spots.
Tencent, such as in a giant cell phone game into the field. Baidu as the leader of the Chinese search field, by creating mobile games open platform in the way, and provide mobile games information, search services.
Open platform and cellular phone game manufacturers, empowered, download, almost nonexistent copyright problems. But mobile games search services in the existing MP3 similar problems, namely whether baidu for third party sites cell phone game piracy assume responsibility.
Copy or cache
The CPU alliance and baidu lawsuit, CPU alliance think users download games in the process, download web site that the secondary domain name for baidu "gdown. Baidu. Com", that is, the game exists in baidu server, baidu has from the search service providers into a content provider. But baidu think, this only for the smartphone users, in order to improve its network transmission rate and use experience and some technological measures, the so-called "cache" technology.
Baidu's the behavior, if is the "copy" and "upload" game works, based on the law of copyright infringement of copyright belongs to the plaintiff. If is the cache, it may be the grounds of.
The lyrics in baidu search results have showed the lyrics from baidu server, and that is all the lyrics and not part of the content. Therefore, zhejiang pan-asia electronic commerce Co., LTD. Was Sue baidu infringement. Baidu think this belongs to the lyrics "snapshot", also be a kind of cache technology. Final court think, will be placed in the lyrics on the server, by the user through the click search box "the lyrics" button to users with the way of the lyrics of behavior, belong to "copy" and "upload" a work of behavior, the lyrics "snapshot" service is not only to search engine service, have formed around the Internet works behavior.
Even if such as baidu said the offer is "cache", but there is no indication of the process in the download the source of mobile games web site, did not give users access to source the opportunity to website, cause damage to the source of the alternative site.
In the copyright domain, providing search services should follow one important principle is "search but not alternative". So, the lawsuit, baidu faces the first of the key problems is how to persuade the court the offer is cache, is the search service, but not on the cell phone game works to copy and spread.
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