The plaintiff Youku Company alleged that it spent a huge amount of money and was authorized to obtain the exclusive right to disseminate information on the television dramas involved. It also invested a huge amount of manpower and material resources for the drama's online communications. The TV dramas involved in the drama were very successful after the broadcast. , Youku Corporation discovered that Xunlei provided downloads, search links, data transmission, download acceleration, and broadcast services for TV dramas to unspecified Internet users through all its and its own 'Thunderbolt' PC software and App PCs. The infringement of the plaintiff’s legitimate rights and interests, the defendant also obtained illegal benefits through membership fees and other methods. After receiving a warning letter from Youku, Xunlei Company has not stopped the infringement, causing extremely serious damage during the sowing period of the drama. Consequences. Therefore, it was requested that Thunder Company stop infringement and compensate economic losses and reasonable expenses totaling 29 million yuan.
The defendant Thunder Company argued that Youku is a TV drama that was downloaded from a third-party website. The download resource of the TV drama concerned was completely provided by the third-party website. Thunder only provided the downloaded data transmission technology service. The search box in the Thunder download software is The third-party search engines Baidu and Sogou, search results by keyword search are Baidu and Sogou search results, search services are provided by third-party search engines, search links are also completely independent third-party links. Download accelerated members The service is just for users to get a better user experience. Thunder is only providing better transmission technology services for members, but the data is still a third-party website, not Thunder. Youku claims that the edge broadcast service provided by Thunder is to users. The data downloaded from the third-party website to the local computer is used for playback. Thunder is still providing the downloaded technical service in this process. The link in Youku's infringement notification email has been completely disconnected from Youku Company, Youku Company's subsequent evidence preservation security certificate. The link in the new link is Xunleigong The company has fulfilled its statutory obligations and even exceeded its statutory obligations.
This case is a violation of the information network communication right dispute. The dispute in this case focuses on the member acceleration service provided by Xunlei's operating Xunlei software, and the edge broadcast service, whether the search link service constitutes infringement of Youku’s TV drama information network communication right. In the trial, the two parties in the trial conducted proofs, cross-examination and debates on the specific forms of infringement claimed by the plaintiff, the principle of accelerated service for members and the technical principles of the broadcast, the contents of the search link service, etc. The case was not pronounced in court.