A Study On Lure Infringement

Hunan Happy Sunshine Interactive Entertainment Media Co., Ltd.(hereinafter referred to as Happy Sunshine Company) v Nora Shenzhen Science and Technology Co., Ltd.(referred to as Nora’s) works against the right to network dissemination of information is a typical case of the network service provider copyright infringement cases. Happy Sunshine plaintiff believes the defendant the use of technical means, through its legal authority, enjoys an exclusive right to network dissemination of information provides directional link movie playback and download services, its actions constituted infringement, the law should bear the corresponding liability. Nora defendant company believes that the plaintiffs right to flawed evidence, in addition, no evidence to prove that the defendant carried out the infringement. Court of First Instance ruled that the implementation of the behavior to help third-party search sites and play sites infringing on the defendant objectively, subjectively infringement occurs results have fault, their behavior has violated the right to network dissemination of information plaintiffs are entitled. After the first trial the defendant refused to accept the appeal, and then withdraw the appeal, ruling the case now in force.Infringement case in Nora, Nora acts not only on third-party search sites and play infringing site offers help, and its subjective results of infringement has occurred fault, their behavior violated the plaintiffs right to network dissemination of information, shall bear tort liability. But Nora’s behavior is not limited to helping others to infringement, but also to lure others to the presence of infringing behavior, it is because Nora’s business model from the outset, based on large-scale infringement on its first, through a large number of pirated content to attract users, and then to attract advertisers through high popularity advertising to profit, we can say, if there is no presence of pirated content, Nora’s business model will eventually dying.Lure tort rules are established by the United States Crokster case, and it created a network service provider business model as to determine whether it has a subjective fault basis of precedent. Infringement of the rules is actually a lure "Red Flag Rules" transcendence, although our legislation does not specify lure tort rules, but with the help of legislation, abetting infringement actually embodies the essence lure tort rules. This paper mainly Nora infringement as the background, on the one hand to elaborate on the basic theory of inducement of infringement rules, on the other hand to explore the possibility of Nora infringement applies to lure tort rules.