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Xunlei Sues Youku, Douban for IPR Infringement

Tencent Tech, 2/07/13

Chinese online P2P video service provider Xunlei recently filed suit against online video site operator Youku Tudou (NYSE: YOKU) and arts and literature SNS Douban in the Haidian District People's Court of Beijing, alleging infringing use by both companies of 13 films to which Xunlei owns the rights. For some of the films, Xunlei alleges that Youku Tudou made infringing use of films to which it had no rights at all. For others, Xunlei claims that Youku Tudou exceeded the scope of its licensing agreement by making the film available on unauthorized terminals, thus realizing illegal profits along with Douban and other third-party partners.

A member of Xunlei's legal counsel said that the court had already rendered an effective judgment stipulating that the defendants' behavior constituted infringement. Xunlei will seek damages ranging from RMB 50,000 to 250,000 per title, for a total of nearly RMB 100 mln in damages from the first round of suits. The spokesperson noted that the 13 films named were merely the first batch of suits, adding that Youku Tudou had made infringing use of several hundred titles altogether, potentially leading to total damages of more than RMB 10 mln.

Keywords: film Internet IPR infringement online video Xunlei Youku Tudou Douban YOKU litigation Beijing Haidian District People's Court penalty law

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