Research institutions in Beijing teaching English textbook series prepared by the step by step, Dongguan City, Guangdong Province Education Electronics Limited (the company step by step) into a dedicated file format for users to download, and these documents available to the agents reproduction, dissemination. Recently, Anhui Province Higher People’s Court of Final Appeal decision and an infringement step by step the company 80,000 yuan compensation.
Beijing Institute of Education Charity (hereinafter referred to Institute of Charity) is a caring and experimental version of the standard textbooks for compulsory education courses “English” series of teaching materials (hereinafter referred to Charity Edition of the “English” materials) of the copyright holder. January 31, 2007, caring for representations Institute came together with the notary Baisheng Hefei Electronics Co., Ltd (hereinafter referred to Hefei Baisheng company) set up a special counter sale of “step by step” of electronic products in Anhui 100 large electrical Chain Store Co., Ltd Garden Street (the 100 largest shops in Fa Yuen Street), with 1398 yuan to buy a “step by step” pass a foreign language electronic dictionary 9288T. In the afternoon, Hefei Baisheng company will be stored in a computer version of the caring, “English” materials involved in the case of documents downloaded to the electronic dictionary. Institute of Charity will be step by step after the company, Hefei Baisheng Corporation, 100 Garden Street shops were great to Hefei Intermediate People’s Court, step by step the company ask the court to order an immediate halt to any form of reproduction, dissemination, such as violations of caring version of “English “teaching materials, textbooks copyright acts tapes, Hefei Baisheng Corporation, 100 Garden Street, shops large related to an immediate halt to violations and requested compensation for the plaintiffs accused the three economic losses 500,000 yuan.
Court of First Instance found that the company commissioned by the step by step, Hefei Baisheng to “step by step” to buy electronic dictionary, and users involved in the electronic supplementary reading materials. Represents a large number of these supplementary materials Charity Institute, works for the infringement. Step by step the above-mentioned violations company to promote its electronic dictionary sales, increased profitability, should take to stop infringement, civil liability for damages. Institute as a result of not caring the burden of proof to prove the actual loss suffered by the company law and step by step from the situation, it can not be damaged or infringing the rights of people who profit from the amount of compensation determined by means of infringement. Step by step the Court of First Instance to order the Institute Charity 40,000 yuan compensation for economic losses, Hefei Baisheng download to stop the implementation of acts of infringement. Court of First Instance finds that the largest 100 Fa Yuen Street shop sales, “step by step” 9288T Foreign Language Electronic Dictionary does not involve infringing content, the Institute of caring for 100 Garden Street, shops large claims, the court not to support it.
Leo Peng