Music copyright society of china asked the court to order Xiaomi Company to stop the infringement immediately, delete the relevant songs from Xiaomi Music APP and compensate 320,000 yuan.
First of all, Xiaomi argues that Xiaomi Mobile Phone Software Co., Ltd. is the operator of Xiaomi's music application, and music copyright society of china sued the wrong person. Xiaomi mobile phone software co., ltd. should be sued, not Xiaomi technology co., ltd. Although Xiaomi Mobile Phone Software Co., Ltd. is a subsidiary of Xiaomi Technology, one yard belongs to one yard.
Secondly, the online music service and content carried by Xiaomi Music APP are provided by Shenzhen Aibo Zhuo Le Culture Co., Ltd., and Xiaomi only provides links. Xiaomi Mobile Phone Software Co., Ltd. signed relevant contracts and agreements with Shenzhen Aibo Zhuo Le Culture Co., Ltd., so music copyright society of china should sue Shenzhen Aibo Zhuo Le Culture Co., Ltd. instead of Xiaomi Technology Co., Ltd. 。
Thirdly, Xiaomi Music APP has a small audience, few users, low user activity, short online time of the works involved, slight loss of the copyright owner, and excessive compensation advocated by the Music Association. Moreover, Xiaomi immediately coordinated and deleted the relevant songs after being informed by the Music Association.
Under what circumstances will the court enforce it?
Supplementary provisions of the Civil Procedure Law: Article 236 A legally effective civil judgment or written order must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution. Article 239 The time limit for applying for execution is two years. Where an application for suspension or interruption of the limitation of execution is made, the relevant provisions of the Law on Suspension or Interruption of the Limitation of Action shall apply. The period specified in the preceding paragraph shall be counted from the last day of the performance period determined by legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect.
Well, that's all I want to share in this issue.