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South Korea's MBC wins copyright ruling against Bilibili after 5-year legal battle

South Korea's MBC wins copyright ruling against Bilibili after 5-year legal battle

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South Korean broadcaster MBC has won its copyright infringement lawsuit against Chinese video-sharing platform Bilibili, five years after the case was first filed.

The ruling not only increases the damages awarded but also makes clear that the platform can no longer hide behind the excuse of "user-uploaded content". Its recommendation algorithms and channel classification mechanisms actively amplify infringing material—so the platform must be held legally accountable.

The case has been brewing since 2021, when MBC discovered that Bilibili was sharing its original programmes without permission, on a large scale and through user-generated content (UGC). MBC sued in a Chinese court for damages. While the first trial ruled in MBC’s favour on infringement, the broadcaster appealed the decision, arguing that the damages awarded failed to reflect the true commercial value of its content or the platform’s role in the spread of piracy.

Following five years of legal battles, the Jiangsu High People's Court has issued a final ruling confirming Bilibili's complicity in the infringement. The court found Bilibili liable for contributory infringement, ruling that it failed to take appropriate action despite knowing that pirated content was spreading on a large scale.

The court significantly increased the compensation awarded to MBC. This judgment is final and takes immediate effect.

The court has emphasised that, given the high profile and commercial value of MBC’s content, and the fact that thousands of pirated clips had circulated on the platform for a long time, Bilibili could not claim to be a neutral intermediary. It noted that the platform’s algorithmic recommendations and channel curation had actively contributed to the spread of infringing material, raising the standard of care expected from large digital platforms.

MBC said in a statement that this ruling is a case that practically implements the principle that, as a signatory to the Berne Convention and the TRIPs Agreement, China must provide foreign copyright holders with protection equal to that of domestic citizens. At the same time, it holds significant meaning in that it sets clear limits on the practice of large platform operators evading liability by citing the format of "user uploads".

Taking this ruling as an opportunity, MBC said it has planned to continue taking more active legal action against illegal distribution activities through overseas platforms. In particular, in cases where the same or similar infringement structures are repeated, it has been intended to continuously seek stricter legal judgments regarding the scope of liability of platform operators.

An MBC spokesperson said: “This ruling makes it clear that platforms can no longer profit from and exert influence over content distribution while avoiding accountability. We will continue to take aggressive legal action against any overseas platforms that facilitate the unauthorised sharing of our content, regardless of format or location.”

MARKETING-INTERACTIVE has reached out to Bilibili for a statement.

Mark your calendars for 24 June! #Content360 Hong Kong returns with a dynamic, one-day event dedicated to pivotal trends—from the silver economies to breakthrough IP collaborations, sports, and beyond. Let's dive into the art of curating content with creativity, critical thinking and confidence!

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