December 22, 2004

Judgment issued in lawsuit for ringtone piracy against Konka

The Beijing No. 2 Intermediate People's Court issued its judgment in the Music Copyright Society of China (the society) verses Konka case regarding ringtone piracy in using a song titled "Kewang". Konka was ordered to pay RMB 6000 (USD 729) to the society and RMB 6650 (USD 808) for legal costs.

In October, the society accused Konka of setting the song of "Kewang" as a ringtone in its mobile phones. The society owned the copyright for "Kewang" and made a claim for compensation of RMB 200, 000 (USD 24,301).

The court said Konka had the right to use the song, but should make the payment as remuneration for its use. Konka was found not to have pirated the song, but to have neglected to pay for its use. Therefore, the court did not support the society's appeal for Konka to stop using the song.

Ma Yichao, Director of Permission Department of the Music Copyright Society of China, said, "We are not satisfied with the sentence, because we believe that the payment asked of Konka is too low. We reserve the right to appeal, and are currently discussing further action."

[via interfax]

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