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Saturday, April 28, 2007

 

Yahoo! China loses case 
over illegal music downloads


Yahoo! China lost a lawsuit filed by music industry giants including Warner Music for allegedly playing and providing links to unlicensed music, state media reported Wednesday.

A Beijing court ordered Yahoo! China to pay about 200,000 yuan (26,000 dollars) in damages for assisting downloads of unlicensed music in other websites and delete 229 links to free songs, the China Business News said.

Yahoo! China plans to file an appeal, according to a statement by the company, a unit of Chinese online auction sites operator Alibaba, in which Yahoo! has a 40-percent stake.

The court said Yahoo! China helped users to listen to and download unlicensed music with its search engine but added that it is the third-party Web sites, not Yahoo China, that were mainly responsible for distribution of these songs.

"It is technically impractical for search engines to delete links to all unlicensed music," Yahoo China spokesman Xu Yang told AFP by telephone.

"We will definitely stress this point in the appeal as we cannot discern between licensed and unlicensed ones by technical methods," he said, referring to the ruling by Beijing Second Intermediary Court.

Earlier this year, eleven companies including Warner Music, EMI and Sony BMG Music Entertainment sued Yahoo! China for about 5.5 million yuan (710,000 dollar) in damages alleging it played and offered links to unlicensed music.

The International Federation of the Phonographic Industry (IFPI), an industrial group combating piracy which filed the case on behalf of the eleven firms, welcomed the ruling.

"The Beijing court has confirmed that Yahoo! China has clear responsibility for removing all links to the infringing tracks on its service," John Kennedy, chairman and chief executive of IFPI, said in an email.

In November, Chinese Internet search engine Baidu.com won a similar lawsuit launched by IFPI charging Baidu with helping users to download music illegally.

"Today's judgment supersedes the previous decision on Baidu and confirms the responsibility of all similar music search providers in China," said Kennedy.
-- AFP

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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