DeHeng Successfully Represented Baidu in Right of Communication through Information Network Infringement Dispute, Supporting Healthy Development of China’s Cloud Storage Industry

2024-06-06

Recently, DeHeng has secured a favorable ruling for Beijing Baidu Netcom Science Technology Co., Ltd. (Baidu) in a retrial of an infringement dispute concerning the right of communication through information network of the work “Shi Wei Nu” (《食为奴》) filed by TVBC’s Guangzhou branch. After three years of litigation, the Guangdong High People’s Court corrected the second-instance court’s error in recognizing Baidu Netdisk’s functionality as infringing and issued a favorable ruling for the healthy development of China’s cloud storage industry.

DeHeng’s Shenzhen Office acted as the litigation representative for Baidu, participating in the entire process of the retrial application and the litigation proceedings following the second-instance judgment. The team thoroughly reviewed all evidence from the first and second trials and carefully devised a litigation strategy based on legal provisions and technical substance. While the rights holder repeatedly claimed “file control rights” and demanded the deletion of infringing files from the cloud storage server, leveraging the underlying technology of the cloud storage industry, the DeHeng team consistently focused on the statutory elements of infringement of the right of communication through information network. They emphasized that the subject of copyright infringement is the “act” of dissemination, not the files themselves, and repeatedly stressed the importance of balancing copyright interests, asserting that the private rights of copyright holders have boundaries.

Finally, the Guangdong High People’s Court ruled that Baidu should bear economic losses and reasonable litigation fees of RMB 100,000 to TVBC. 

The DeHeng team was led by partner Cui Jun of the Shenzhen Office, with primary support from lawyers Zhong Chun, Shao Xiaolong, and Qin Yi, as well as Wang Haocheng and Zhong Weijian, and won high praise from the client for the favorable outcome, their professional rigor and pursuit of excellence in case handling.