China's music business is based on "blatant violation of copyright laws", a
body representing major record labels has claimed.
The
International
Federation of the Phonographic Industry (IFPI) has announced a renewed legal
assault on several companies, including
Baidu and
Yahoo
China, which it alleges are "committing mass copyright infringement".
At the same time,
Google is
reported to be finalising plans to provide free licensed music downloads in
China, according to a report in
The
Wall Street Journal citing unnamed sources "close to the situation".
"After months of fruitless negotiations, legal proceedings have been filed
today against [China's] biggest internet company, Baidu. Separate actions have
also been brought against
Sohu and its
associate company
Sogou," the
IFPI said in a statement.
"Meanwhile, Yahoo China faces fresh proceedings following its refusal to
comply with a landmark ruling in December that it violated Chinese law by
committing mass copyright infringement."
The accused companies are not distributing copyrighted music nor storing it
on their own servers, the IFPI admitted, but are providing standard web links to
music stored on elsewhere on the internet.
While cases against companies linking to copyrighted content have usually
been laughed out of court in developed countries with clear laws protecting free
speech, Chinese courts have taken them more seriously.
Although music industry cases against locally-owned firms, such as Baidu,
have failed in the past, two Chinese courts did back copyright infringement
charges filed against
Yahoo last
year.
The second of these decisions, a high court ruling in December, seems to have
breathed new life into the music industry's battle against Chinese sites that
link to music files.
"We are disappointed that the court did not find Baidu liable. But that
judgement was about Baidu's actions in the past, under an old law that is no
longer in force," said IFPI chairman John Kennedy.
"Baidu should now prepare to have its actions judged under the new law. We
are confident that a court would hold Baidu liable as it has Yahoo China."
Baidu dominates China's search market, with a share approaching 70 per cent
compared to about 20 per cent for Google.
The Baidu
MP3 search engine, which finds links to music files, is seen as one its key
advantages over Google in China.
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