Three major international music giants lost the case to Baidu; legal experts believe wrong objects were sued.
Two lawsuits in 5 years, the International Recording Industry Association lost both cases. Reporter learned yesterday, the Beijing Municipal No. 1 Intermediate People's Court announced verdict of the International Federation of Phonographic Association v. Baidu MP3 infringement case and IFPI lost once again. The court held that Baidu MP3 search was legal, and dismissed the Universal Music Group, Sony BMG (Hong Kong) and Warner Music Group's claim against Baidu.
MP3 search is one of the most important products of Baidu, which currently in possession of more than 80% Chinese Internet search market share. In June 2005, the International Association for the first time sued Baidu for infringements, and the final court sentenced IFPI lost because of insufficient evidences. In February 2008, the International Recording Industry Association collected new evidences, again sued Baidu to court. Yesterday, the Beijing Municipal No. 1 Intermediate People's Court announced that Baidu was providing search engine to Internet users rather than the infringing MP3 music, and this type of search was lawful, and therefore did not assume any liability.
Deputy director of the Information Network legal professional Commission of Beijing Municipal Lawyers Association, SUN Yan, told reporters that the reason why International Federation of Phonographic Association lost the case was that they did not find its true subject of infringement of Internet digital music. Infringement subjects were those who put the pirated MP3 for downloading, not Baidu.
