Chinese ‘e-mall’ shut down amid copyright concerns
A newly opened online shopping forum launched by a Chinese search engine has been shut down within 24-hours after being caught up in a copyright storm.
The forum, launched by Baidu on October 31, was designed to allow users to share electronic files online, including music, videos and films, and post comments and information about them via cloud computing.
All transactions were carried out via Baidu's Baifubao service, an online payment platform for applications.
According to English language news-website China Daily, Baidu said in a statement that, despite not having the rights to many of the files’ content, it had no obligation to check them for suspected infringement.
However, it added that it would act on any take-down notices it received.
On November 1, the e-mall was shut down.
Glenn Pudelka, counsel at Edwards Wildman Palmer LLP in Boston, who has worked on copyright law concerning both the US and China, said he suspected Baidu could have received numerous takedown notices in a very short period of time.
Adding that websites which allowed the copying and sharing of files had “no justification”, Pudelka said Baidu had previously [in 2005] been in trouble with authors upset at its online library containing large swathes of copyrighted articles.
“Baidu can’t be surprised by the criticism the service has got and their statement implies they received some form of take down notice and were concerned it might spiral out of control.
“Services including YouTube receive thousands a day so it’s very possible it received hundreds within hours of launching.”
However, Pudelka said it was also possible the e-mall was removed due to fear of public perception.
“IP in China has been considered by some people to be somewhat of an oxymoron but the country is trying to change that view,” Pudelka told WIPR.
“Baidu has, at least in public, claimed to be very aware of how it is seen by the public and its founder previously said he would look into ways to protect rights holders including introducing software to filter out potentially infringing files.
“On the other hand it could also argue it is simply acting as the middle man and not actually committing infringement itself.”
