SEOUL, March 23 (AJP) - South Korean broadcaster MBC has secured a final victory in its high-stakes copyright infringement suit against the Chinese video-sharing platform Bilibili, the company said Monday. The Jiangsu High People's Court delivered a definitive blow to the digital "safe harbor" defense long utilized by Chinese tech giants, signaling a critical shift in how Beijing enforces international intellectual property standards for foreign content providers.
By significantly increasing damages in this final appeal, the court established that a platform's duty of care scales with its commercial influence and the sophistication of its recommendation algorithms. The ruling marks a long-awaited turning point for foreign entities that have historically struggled to find functional legal recourse within the Chinese judicial system.
Based in Shanghai, Bilibili is one of China’s most influential video-sharing platforms, often described as a hybrid of YouTube and Netflix with a heavy focus on anime, gaming, and "user-generated content." By the end of 2025, the platform averaged 366 million monthly active users, making it a central hub for young Chinese consumers and a dominant force in the region's digital economy.
Unlike other online video platforms where South Korean dramas and films are the primary focus, Bilibili serves as the preeminent source for South Korean music programs, variety entertainment shows, and celebrity-driven content. These broadcasts are typically uploaded to the platform within one or two hours of their original airing in Seoul, complete with sophisticated Chinese subtitles provided by "fansub" groups.
This near-simultaneous piracy undercuts the commercial viability of legitimate licensing deals and streaming rights, creating a systemic drain on the industry. The scale of the crisis is underscored by data from Park Young-soon, a lawmaker from South Korea's Democratic Party, who noted that trademark infringements in China surged from 977 in 2017 to a peak of 3,457 in 2020.
While 2021 saw 2,922 recorded cases, the systemic nature of the problem remains evident. According to Park Young-soon, China accounts for 63.4 percent of all overseas intellectual property disputes involving South Korean companies. Despite this overwhelming volume, government support for affected firms has remained relatively modest, with only 65 cases receiving state assistance in 2021.
The case originated in 2021 when MBC filed for damages after discovering thousands of unauthorized clips circulating on the platform for extended periods. Although a lower court initially recognized the infringement, the broadcaster appealed because the awarded damages failed to reflect the actual commercial value of the content or the platform’s role in its spread.
In its final judgment, the Jiangsu High People's Court pivoted, ruling that the platform's failure to act despite the obvious "commercial value and high recognition" of the MBC library constituted a form of contributory infringement. This hardening of the Chinese judiciary aligns with broader trends observed in recent years.
In 2024 alone, Chinese courts awarded approximately 120 million dollars in punitive damages across 18 major cases, reflecting an intensified effort to align domestic enforcement with international standards like the Berne Convention and TRIPs Agreement. The court has signaled that the sheer scale of a platform now dictates a higher duty of care.
Beijing appears increasingly willing to treat large-scale digital platforms not as passive hosts, but as active distributors responsible for the legality of the traffic they monetize. An official from MBC stated that the ruling makes it clear that platforms can no longer evade responsibility while exercising substantial influence over content distribution and reaping immense profits.
The broadcaster confirmed it will continue to pursue aggressive legal action against any overseas platforms that facilitate the unauthorized distribution of its content, regardless of the format. The judgment is final and takes immediate effect under China’s two-instance trial system.
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