When Can Network Users' Copyright Infringement Be Determined As Acts Of Online Platform Operator

Whether a network user's act of offering content could be deemed as the act of the online platform operator can be analyzed based on the nature of the online platform, the user's identity and affiliation with the platform, and the accused infringement acts and contents. If a managerial or control relationship exists between the online platform and the user, and if the user, taking advantage of his identity as a manager, constantly and steadily posts on the online platform, his infringement acts can be deemed as being conducted by the online platform, and the employment status should not affect the determination of the nature of such acts.

A Company filed a lawsuit claiming that, through legal authorization, it acquired the exclusive rights to the disputed game app, including reproduction rights, distribution rights, and information network dissemination rights, and had the sole entitlement to enforce such rights in its name. Online User X shared the disputed game app