Netease cloud music sued Tencent music for unfair competition, accusing the latter of illegally broadcasting songs and mass washing songs under false names
2022-04-28
On the morning of April 27, Netease cloud music released the statement of Netease cloud music on suing Tencent music for unfair competition, announcing that it would formally Institute judicial proceedings against Tencent music for unfair competition, and Sue Tencent music for unfair competition through a series of measures such as illegal broadcasting of songs and mass fake washing of songs. Netease cloud music statement said: Tencent music and entertainment group (including QQ music, KuWo music, kugou music, national karaoke and other products) infringed our copyright and constituted unfair competition by illegally broadcasting and playing unauthorized songs, mass impersonating and washing songs, following our product innovation, evading or even resisting supervision. The following is the full text of the statement: Even if we all admit that unfair competition occurs from time to time in business, few fields can be as barren as domestic online music due to unfair competition. For a long time, Tencent music and entertainment group (including QQ music, KuWo music, kugou music, national k-song and other products) has infringed upon our copyright and constituted unfair competition by illegally broadcasting and playing unauthorized songs, mass washing songs under false names, following plagiarizing our product innovation, evading or even resisting supervision. Its main behaviors include: I Malicious infringement of copyright and suspected of confrontation and rectification 1. QQ music stealthily broadcasts our works through the "regional play" function For a long time, QQ music under Tencent Music Entertainment Group has repeatedly been put on the shelves of our popular works without authorization. After we mentioned rights protection, QQ music has been targeted only in our daily monitoring areas, such as Beijing, Shanghai, Guangzhou and Hangzhou. However, in other areas with weak monitoring and rights protection ability, QQ music continues to steal broadcasting and play, deliberately avoiding our rights protection. In terms of provincial regions, QQ music cannot play the songs with rights and interests of Netease cloud music in Beijing, Hangzhou, Zhejiang and Guangzhou, Guangdong, but it can be played in provinces and cities outside the above regions, such as Tianjin, Jinan, Shanxi Taiyuan, Shijiazhuang, Shaanxi Xi'an, Jiangsu Suzhou and other provinces and cities; From the same provincial region, taking Zhejiang Province as an example, when QQ music can not play songs with rights and interests of Netease cloud music in Hangzhou, there is an improper act of regional stealing the songs involved in the case in all other ten prefecture level cities in Zhejiang Province, such as Shaoxing, Huzhou, Jiaxing, Ningbo, Zhoushan, etc. QQ music of the same song is offline in Hangzhou, but it can still be played and downloaded in other Zhejiang cities The number of infringing works illegally broadcast in QQ music subregions is huge, and they are all popular songs on Netease cloud music platform, such as "the beauty of the world is linked with you" (Bai Song), people like me (Mao Buyi), good night (Yan Renzhong), etc. QQ music related acts infringe copyright and seriously violate business ethics, integrity principles and industry norms; It is also suspected of carrying out differentiated rectification in different regions through technical means to avoid and confront supervision. Relevant behaviors ignore laws and regulations and business ethics, and the subjective malice is obvious. 2. QQ music stealthily plays our works through the "import external song list" function For unauthorized songs, QQ music development copies the function of re importing the link of its platform song list, which can realize the replay and download of songs that cannot be played with gray in the original song list. Taking the popular song "misplaced time and space (AI Chen)" as an example, the search in QQ music station shows "no sound source", but after copying the song list link and importing it (the import song list link includes y.qq.com), the song can be played and downloaded. QQ music stealthily broadcasts copyrightless works through "importing external song lists" Such a piecemeal theft not only damages the rights and interests of musicians and infringes our copyright, but also destroys the fragile mutual trust between industries. 3. Tencent music mass laundered unauthorized popular songs under false names and intercepted them maliciously For a long time, Tencent music's QQ music, kugou music and KuWo music have produced a large number of fake and song washing works for unauthorized works, misleading users to play. Since 2020, Tencent has released a large number of popular songs with the same name or similar to the original songs. For example, after the fire of "delete bar" launched by Netease cloud music cloud studio and deep sound culture, a large number of songs and lyrics with the same name appeared in QQ music and cool dog music, such as "delete bar" (official version), "delete bar" (new version), "delete bar" (original singing) and "delete bar" (Tiktok hot search smoke voice version), which were listed on the official list of the latter. Only songs such as "misplaced time and space" (AI Chen), "undersea" (a Durian), "masquerade ball" (delicious), "delete it" (Xu Jiahao) involve more than 5000 fake, washed and plagiarized songs with the same name. Even the names of the singers of some fake songs are "high imitation" of the original singer. For example, a product of Tencent Music Entertainment Group pretended to be the musician "Lao Fan next door" with "Lao pan next door" and illegally put relevant works on the shelves. In order to mislead users to click to listen, rub the heat and cheat the traffic. If users want to listen to "old fan next door", let them hear "old fan next door", instead of "old fan next door", "old fan next door", "old engine next door"... Don't listen to a song as if it were a word discrimination problem. What's more, some companies under Tencent music and entertainment group participate in the song washing industry chain purposefully and organized underground. As soon as Netease cloud music releases popular songs, Tencent music's three products not only directly steal the original songs, but also launch a large number of shoddy songs of the same name in a day or two. For example, our special planning album "sing for you · pay tribute to China Aerospace" released on China Aerospace day on April 24, 2022 is the track of the first Aerospace Music Documentary series. On the day of release, cool dog music illegally launched all the content, and QQ music appeared the sound source, MV and video of cloak (times Youth League). Cool dog music and QQ music illegally upload Netease cloud music planning works Tencent music is increasingly rampant in washing songs and spreading unauthorized works under false names. For example, the "psoriasis" style closely follows our content production, and the nature is extremely bad. In addition, Tencent Music Entertainment Group has also invested in relevant companies to follow the popular songs and wash them in batches, and give flow preference to deepen the vicious plagiarism of the industry and boost the scale of the song washing industry. II Plagiarized the visual design, product functions and innovation mechanism of Netease cloud music for a long time 1. QQ music, kugou music and KuWo music copied the design of Netease cloud music black glue playing page Since its official launch in April 2013, the unique black glue playing interface is the core design of Netease cloud music products, and has registered relevant design patents, forming a high popularity, recognition and influence among the public. In October 2020, cool dog music iPad version updated the playing interface, and the new black glue interface design is extremely similar to Netease cloud music black glue playing interface. Comparison between Netease cloud music app (left) and cool dog music HD (right) interface In March 2022, kugou ringtone app and 2496 app of KuWo also used similar designs; In April 2022, the updated version of QQ music also provided a black glue playing interface. The relevant design concept and interface are highly similar to the black glue page of Netease cloud music. Comparison of interfaces between Netease cloud music app (left) and QQ music app (right) 2. Cool dog music and QQ music copy the "listen together" function of Netease cloud music In July 2020, Netease cloud music officially launched the "listen together" function. Thanks to the cloud village community atmosphere and unique interactive experience, "listen together" quickly became a function widely praised by the industry and welcomed by users in that year. In January 2021, kugou launched the "follow and listen" function. Its function setting and page interaction design can be called pixel level plagiarism of Netease cloud music "listen together". Comparison between Netease cloud music "listening together" and cool dog "listening together" In February 2021, QQ music updated the function of "music room · listening together", with the function name of "listening together" of online Yiyun music. In August 2021, version 10.16.5 of QQ music directly renamed the "music room" to the "listen together" function, and was more similar in UI design such as invitation and listening to songs, completing the full follow from name to function in one fell swoop. 3. Cool dog music plagiarizes the function setting and interface design of "yunbei push song" of Netease cloud music In April 2020, Netease cloud music launched the "yunbei push song" function in version 7.1.10 to support users to promote their favorite songs. Three months later, kugou music also completed the follow-up, launched the "music push" function, and again copied our pixel level from the function setting and interface design. Cool dog music "music push" function plagiarizes Netease cloud music "yunbei push song" Over the years, Tencent Music Entertainment Group has carried out unfair competition against Netease cloud music and the whole online music industry for a long time, a wide range, diverse means and tragic consequences, and has shown a growing trend in the past two years. If we had not been harassed by this long-standing unfair competition behavior to the point where we can't bear it and the harm can't be retreated, we would never have rashly made public the ugly appearance in this industry. According to the Anti Unfair Competition Law of the people's Republic of China, the copyright law of the people's Republic of China and other relevant regulations, Netease cloud music has officially filed a lawsuit against Tencent Music Entertainment Group (including QQ music, KuWo music, kugou music and other products) for some unfair competition against us. We urge Tencent Music Entertainment Group to immediately rectify its products and businesses and stop all acts of unfair competition: 1. Immediately stop infringing acts, including but not limited to infringing works off the shelf, stop pretending to wash songs, and rectify relevant infringing functions; 2. Immediately stop unfair competition by unscrupulous means and conduct benign competition from the perspective of strengthening content creation and user experience; 3. Immediately investigate the violations of laws and regulations in various businesses, and suggest that business ethics training be conducted for all employees, strengthen self-discipline awareness and correct moral deviations in time. Here, we once again call on practitioners in the industry to respect the achievements of others and focus more on the improvement of industry services, user experience and product innovation. The domestic online music industry is full of corpses and difficulties. At this time, don't focus on evil ways. NetEase cloud music April 27, 2022 (Xinhua News Agency)
Edit：Li Ling Responsible editor：Chen Jie
Source：Sina
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