Think AppStore unauthorized for the user to provide paid applications download, China encyclopedia press co., LTD. Sue apple electronic products trade (Beijing) co., LTD., and apple, claims of more than 530000 yuan. Yesterday, lu guoqiang verdict apple company pay 520000 yuan.
China encyclopedia prosecution says, this company organization to write and publish the encyclopedia of China "and" China encyclopedia encyclopedia, "electronic, enjoy complete copyright. In October 2010, the company found that users can download a lot in AppStore buy and contains the "China encyclopedia encyclopedia," content of the application, for the iPhone and iPad products reading, including application "China encyclopedia" (Jane numerous) price $20.99, including the "China encyclopedia encyclopedia," Chinese history roll the third book of all content. The plaintiff think, which seriously infringe upon the copyright, sued for stop the Samsung i9300 case, making compensation for the economic losses and reasonable expenditure in total more than 530000 yuan.
Court, apple and apple e-commerce companies argue that they are not AppStore operator, was charged with infringement behavior not by their implementation, the plaintiff's prosecution shall be rejected.
Lu guoqiang, think, according to the fact that find out, can maintain AppStore operator is apple. Accused of infringement application "China encyclopedia" (Jane numerous) all of the content and the plaintiff work involved in part of the same content, and without the permission, the plaintiff shall infringe upon the right of communication through information network infringement application. In view of apple cannot prove that involved in the application for the third party developers developed, and shall be deemed the application system developed by apple. The infringement of the China encyclopedia company enjoy the right of communication through information network, should stop to tort and compensate for the economic loss of cheap samsung cases.
The court decision, even if the application for the third party developers have development, in view of apple company involved in the involved the application procedure development process, to the third party development completed application on the selection and decision alone in its AppStore on distribution, and at the same time in the sales income benefit of, and in fact the third party carried out the common infringement behavior, it's still a common infringement, apple company also shall bear corresponding legal responsibilities. The court ordered the company to stop the infringing of apple, compensation for the economic loss and litigation expenditure reasonable expenses of a total of 520000 yuan.
Due to the plaintiff did not produce evidence to prove provide Samsung Accessories wholesale apple e-commerce company and infringement involving about, so the company is not liable.
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