xinhuanet.com Beijing 13 April, the concern of the Epistle of Qian Zhongshu manuscript auction case settled. The reporter learns 13 days, the Beijing Municipal Higher People's court recently Yang Jikang (pen name Yang Jiang) Sungari International Auction Co (referred to as the Sungari company), Li Guoqiang infringement of copyright and privacy case to make a final decision, the verdict rejected the Sungari International Auction Co's appeal, upheld cheap jerseys the.
2013 year in May, China trade Shengjia company issued late famous scholar Qian Zhongshu letters manuscript auction notice. Qian Zhongshu's widow, Yang Jikang after that apply to the court for an injunction, the Beijing second intermediate people's court shall make a company shall not in the auction, Sungari preview and publicity activities, the publication, exhibition, copying, distribution, through the information network dissemination manner against Qian Zhongshu, Yang Jikang, Qian Yuan the letters manuscript copyright behavior ban. Since then, Yang Jikang to cheapjerseys.us the Beijing second cheap customized jerseys intermediate people's court filed a copyright infringement and privacy lawsuit, request the court to order the Sungari company and the recipient of the letter of Li Guoqiang to stop the infringing act, public apology, compensation for economic loss of 500000 yuan, and pay for mental injury solatium 150000 yuan and the reasonable expenses of 5000 cheap nhl jerseys yuan.
Mr, Sungari company and Li Guoqiang have put forward defence, and request the court rejected Yang Jikang's claim.
The second hospital of Beijing cityafter hearing that, Sungari company violated the copyright of the works, and together with Li Guoqiang Yang Jikang and other violations of privacy, so the judgement: Sungari company to stop the infringement letters manuscript Copyright Act, compensation for economic loss of 100000 yuan. Sungari company, Li Guoqiang to stop the violation of privacy, common to pay Yang Jikang mental injury solatium 100000 yuan, the court also ordered the two defendants in the media and the web site to Yang Jikang cheap basketball ncaa jerseys offer an apology statement.
after the verdicts, Sungari company refuses to obey, to appeal to the higher people's Court of Beijing municipality.
Beijing high court trial think, Sungari company as the auctioneer, failed to prove the performance of "auction law" provisions of the sign with the client trust auction contract, review the identity of clients, require the client to provide with copyright, privacy related information which he and other legal obligations, there are subjective fault, should bear the corresponding tort liability. Sungari company held seminars, provide the Epistle to the appraisal of experts, and through its website reprint media related behavior, violated the Yang Jikang et al. Enjoy the right of publication, the right of reproduction letters, distribution right, the right to network dissemination of information, right of return, and Yang Ji Kang's privacy. The trial court case letters according to the degree of visibility and influence, China trade Shengjia company's fault and tort of time, scale, nature, circumstances and other factors, the discretion of 100000 yuan of copyright infringement damages; and according to the Sungari company, Li Guoqiang's fault, damage degree means, occasions, behavior, tort consequences and, as appropriate, the infringer to assume the responsibility of the economic capacity and other factors determine the mental damages of 100000 yuan
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