Chinese Gov't Promises (Again) To Punish Baidu For Music Downloads... Despite Baidu Winning In Court

from the how's-that-work-now? dept

Thu, Apr 28th 2011 3:56am — Mike Masnick

Ah, Baidu. Back in 2005, we discussed how the company's main reason for success as a search engine was in its music download efforts, and wondered if its planned IPO would force it to curtail searches for music downloads. Since then, there have been a series of lawsuits against Baidu... but (somewhat surprisingly) the company won in court. Of course, that didn't stop the recording industry from still demanding that Baidu ignore the court ruling.

Well, now the Chinese government is getting involved, and insists that it's going to punish Baidu for its music download services. There still remain some questions about how involved Baidu really is in the music downloads (i.e., research suggested that it was actively involved in hosting the files and regularly hiding them in new -- but easily findable by Baidu -- places every time a takedown was issued). However, we have seen this game before. The Chinese government has slapped Baidu on the wrist in 2008 and in 2009 for similar or related issues, but never really did much. I'm guessing that once again this is more of a PR move to satisfy US diplomatic pressures.

Of course, even odder is that beyond the fact that the government is going to sanction Baidu despite it winning its court case, the article notes that Baidu has actually "reached an agreement with the Music Copyright Society of China (MCSC) to pay fees to the MCSC for every song downloaded using Baidu." That certainly suggests that Baidu has figured out a way to go legit... so why announce punishment now?

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Filed Under: china, copyright, music
Companies: baidu

17 Comments

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Anonymous Coward, 28 Apr 2011 @ 4:14am

Mike Masnick winking at China's flagrant disregard for original US creations? Simply shocking!!!

Why not just move there Masnick? You're as equally bereft of artistic talent and innovation as they have proven to be.
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Anonymous Poster, 28 Apr 2011 @ 4:19am

Re:
You seem upset.
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Jay (profile), 28 Apr 2011 @ 4:26am

Re: Re:
Nah, he mad, bro...
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Richard (profile), 28 Apr 2011 @ 4:32am

Re: Re: Re:
I thought it was sarcasm at first - still not sure...
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Capitalist Lion Tamer (profile), 28 Apr 2011 @ 4:55am

Suddenly, I'm back on the playground...
"If you love the Chinese so much, why don't you marry them?"
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Anonymous Coward, 28 Apr 2011 @ 5:01am

Re:
No need to move there. China is slowly moving to the US anyway.

I'd brush up on my Mandarin if I was you. Or your country could, you know, start boosting the industry and actually building things, instead of relying on *quote* Intellectual *unquote* *quote* Property *unquote*.
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Capitalist Lion Tamer (profile), 28 Apr 2011 @ 5:02am

Re:
I don't think he's winking at their "flagrant disregard." He states that the Chinese government will most likely issue another slap on the wrist to get the US off their backs and then let business proceed as usual.

He even states that Baidu was hosting the files and doesn't make any statements excusing their action. But like it or not, Baidu has a.) won a court decision in their favor and b.) is paying fees to MCSC.

And were you just slamming an entire nation as being "bereft of artistic talent and innovation"? That's a bit harsh.
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Anonymous Coward, 28 Apr 2011 @ 5:11am

Tell me about it. Once a upon a time the paytards actually made an attempt to discredit the common sense Techdirt preaches. Now, they don't even bother. They just troll the comments first posting pathetic insults not worthy of children.

Pathetic. Paytards, troll harder.
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Anonymous Coward, 28 Apr 2011 @ 6:46am

Re: Re:
were you just slamming an entire nation as being "bereft of artistic talent and innovation"? That's a bit harsh.
mmm, not really.
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Anonymous Coward, 28 Apr 2011 @ 6:55am

Re: Re:
The US does indeed need to start competing with China.

Step one:

We pay our workers 12 cents an hour, versus their 10 cents an hour.

That'll show everybody!
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The eejit (profile), 28 Apr 2011 @ 7:17am

Re:
Well, perhaps America shouldn't allow Hollywood to force its Chinese compatriots into following its lead.
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The eejit (profile), 28 Apr 2011 @ 7:21am

Re:
He's stealing my job and ruining the economy! WE NEED LAWS FOR THIS! PROTECT OUR SELF-TROLLING RIGHTS!
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Justin Olbrantz (Quantam), 28 Apr 2011 @ 9:02am

Re:
Q: What's the difference between an anonymous coward troll and an upset 5 year old?
A: An AC troll knows words like "flagrant" and "bereft".
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Ron Rezendes (profile), 28 Apr 2011 @ 9:47am

Re:
"Mike Masnick winking at China's flagrant disregard for original US creations?"

Citation requested - I simply don't see any sort of reference of MM "winking" or otherwise condoning or brushing off of anything.

I'm guessing your a "birther" whose world is just all inside out today because of yesterday's release of Obamas birth certificate.

Get back under your bridge you Paytard Troll!
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Ron Rezendes (profile), 28 Apr 2011 @ 9:48am

Re: Suddenly, I'm back on the playground...
Two little paytards sitting in a tree...
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Chuck Norris' Enemy (deceased) (profile), 28 Apr 2011 @ 9:54am

Re:
Of course, AC, you see that the law is on Baidu's side. So to use your common retort for the U.S.A. folk, "Why don't you stop whining about it and get the law changed?"
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Ron Rezendes (profile), 28 Apr 2011 @ 10:18am

Re: Re:
but...but...it's the LAW!!!
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