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Shenzhen QVOD Technology Co. v. Shenzhen Admin. for Market Regulations

Guangdong Higher People’s Court (2019)

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Shenzhen QVOD Technology Co. v. Shenzhen Admin. for Market Regulations

Guangdong Higher People’s Court
Guangdong Higher People’s Court (2019)

Facts

Shenzhen QVOD Technology Company (QVOD) (plaintiff) hosted several copyrighted films on its web and mobile platform without authorization from the copyright holders. China’s National Copyright Administration assessed penalties against QVOD for infringing the copyrighted works of LETV Information Technology (Beijing) Company, Ltd (LETV). Later, Shenzhen Tencent Computer System Company, Ltd. (Tencent) sent several notices to QVOD requesting removal of Tencent’s copyrighted content from QVOD’s platform. QVOD ignored the requests. On Tencent’s behalf, the Shenzhen Market Regulation Administration, aka the Market Supervision Bureau (the bureau) (defendant), assessed penalties of its own against QVOD, including a large fine. QVOD brought an action against the bureau to challenge the fine, in part because QVOD had already been penalized by the National Copyright Administration. The trial court affirmed the bureau’s penalties. QVOD appealed to the Guangdong Higher People’s Court.

Rule of Law

Issue

Holding and Reasoning (Wang, Qiu, Lin, Liu, Xiao, J.J.)

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