Liberty Times, December 4, 2024, Page A10
Providing Links and Sharing Unlocking Methods May Lead to 2 Years in Prison and a NT$500,000 Fine
Legal Experts: Compensation Could Reach NT$600 Million if the Japanese Side Pursues Civil Damages
[Reporter Chang Jui-chen, Taichung]
Does publishing “unlocking guides” and providing download links for Chinese apps violate copyright laws? The Intellectual Property Rights Investigation Division of the Criminal Investigation Bureau explained that Article 87 of the Copyright Act penalizes those who guide, assist, or preconfigure pathways for public access to works that infringe upon property rights (in this case, Chinese apps enabling illegal streaming). Violators who derive benefits can face up to two years in prison and/or a fine of up to NT$500,000. The influencer known as “Mr. Mad” stated yesterday that the information was shared under the principle of being free and non-profit. However, the police expressed a differing opinion.
The investigation unit elaborated that, on the surface, the two influencers only demonstrated how to use these Chinese apps without directly profiting from them. However, these “unlocking guides” were hosted on websites managed by the influencers, attracting a total of 550,000 views. This increase in online popularity enhanced their advertising potential, making businesses more inclined to sponsor their content. In other words, earning advertising revenue from click-through rates satisfies the “deriving benefit” requirement under the law.
Furthermore, the investigation unit pointed out that the influencers included download links for these Chinese apps within the “unlocking guides,” which meets the criteria for facilitating public access to infringing works under the law. Specifically, by providing such links, they effectively guided, assisted, or preconfigured pathways for public use of these works, thereby violating relevant provisions of Article 87.
On the civil side, legal experts noted that if the Japanese side commissions a Taiwanese representative to seek damages, the compensation amount could be significant, potentially reaching NT$600 million. However, reconciliation rates in copyright infringement cases are generally high. If the defendants show sincerity and pledge to cease further violations, settlements are often reached for compensation amounts substantially lower than the claimed infringement sum.
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