MBC, 중국 빌리빌리 저작권 소송 최종 승소
중국 법원, 플랫폼의 방조 책임 인정
손해배상액 증액, 불법 유통에 경고
중국 법원, 플랫폼의 방조 책임 인정
손해배상액 증액, 불법 유통에 경고
BiliBili, known for its user-generated content (UGC), is a leading video platform in China with an average of approximately 366 million monthly active users as of the fourth quarter of 2025. The platform has previously drawn attention in South Korea for the unauthorized distribution of domestic broadcast content.
In 2021, MBC filed a lawsuit in a Chinese court seeking damages for the unauthorized distribution of its broadcast content on BiliBili. Although the initial ruling acknowledged the infringement, MBC appealed, arguing that the damages awarded were insufficient.
Why was the platform held more accountable?
The Jiangsu High People's Court in China partially revised the initial ruling, recognizing the platform's contributory infringement liability for failing to take appropriate action despite being aware of the widespread distribution of infringing content. The court significantly increased the damages awarded, and the ruling was finalized under China's two-instance trial system.
The court noted that the content in question had high recognition and commercial value and was distributed on a large scale over an extended period. It emphasized that the level of duty of care required from the platform operator could not be low. The court also highlighted that the platform's operational structure, including algorithm recommendations and channel configurations, substantially contributed to the spread of infringement, making it difficult to view the platform as a neutral intermediary.
What is the legal significance of this ruling?
This ruling exemplifies China's commitment to providing foreign copyright holders with protection equal to that of its nationals, as a signatory to the Berne Convention and the TRIPs Agreement. It also sets a clear precedent against the practice of large platforms evading responsibility under the guise of 'user uploads.'
MBC plans to continue its proactive legal response to illegal distribution through overseas platforms following this ruling. The company intends to seek stricter legal judgments on the scope of platform operators' responsibilities, especially in cases of repeated or similar infringement structures.
An MBC representative stated, "This ruling clearly indicates that the structure allowing platform operators to exert significant influence over content distribution while reaping substantial profits without accountability is no longer acceptable." They added, "We will hold parties accountable for unauthorized content distribution, regardless of form, both domestically and internationally, and take all necessary legal actions."
Lee So-jung, TenAsia Reporter forusojung@tenasia.co.kr