Tencent, as the copyright owner of QQ, has brought a lawsuit against the nation's largest Internet transaction platform Taobao for its violation of computer software copyrights, property righst and unfair competition. Meanwhile, a seller in Taobao was also named as an defendant in the case. At present, Shenzhen Nanshan District Court has accepted the case.

Tencent claimes that because Taobao facilitated the selling of QQ numbers, the internet platform therefore violated Tencent's property rights and computer software copyrights. As Taobao facilitated the illegal actions of the seller doing the QQ number selling, it is also liable in the lawsuit brought against the seller. In addition, since Taobao refused to remove the illegal information of this Taobao seller surnamed Wang, it willfully violated generally accepted business ethics and was thus in breach of fair competition laws. Accordingly, Tencent requests the court to compel Taobao to close the QQ Internet transaction platform for sellers on Taobao; and for Wang to stop selling QQ numbers on the platform. Tencent also demands compensation to the tune of RMB 500,000 yuan, RMB 100 yuan from the named seller Wang.

Before the launching of these formal proceedings, Tencent had sent Taobao a letter, requesting it to delete the transaction information of QQ numbers and QQ currencies. Taobao, however, argued that internet technology providers have no right to interfere in the free transaction among users. Therefore, Taobao filed a suit to the Hangzhou Westlake District Court, requesting legal verification that Taobao's actions of not deleting the relative information wouldn't constitute copyright infringement.

“In fact, at present, the legal status of the third-party internet transaction platform has not been clearly defined and there is no legislation for virtual property. Therefore, Tencent cannot charge Taobao according to existing legal provisions,” said Ala Musi, deputy director of the policy and regulation Committee of China E-commerce Association.

However, he also added that according to the “Information Network Transmission Right Protection Provision” released last year, Taobao, as an internet information provider, should also abide by the same provision as portals and search engines. Therefore, if the website gives and transmits information that infringes rights and the law unwittingly, and deletes such information after being notified, it assumes no responsibilities. However, if it makes no amendments after being notified, it will constitute copyright infringement.

Informed sources disclosed that as the C2C transaction platform usually does not take the initiative to inspect transaction products, the transactions of Internet game tools, account numbers, game cards in which illegal ones are included are booming. The spokesman of the Public Relations Department of Taobao argues that unless Tencent can prove that those QQ numbers and QQ currencies are illicit goods or they were obtained through illegal channels, it will not delete and stops the release of such information. Moreover, the prices of those QQ numbers and currencies sold on Taobao website are not decided by Taobao but by the seller himself.

“There is a chance that QQ currencies which are stolen are sold on Taobao, but it is Tencent that assumes the responsibility if a large number of QQ numbers are stolen. Tencent needs to consider  how to ensure that QQ numbers are not be stolen,” says the spokesman.