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ByteDance asserts that its Douyin Huoshan Version app does not infringe any intellectual property rights of Tencent Holdings, arguing that users own the copyright of the content they create. Photo: Weibo

TikTok owner ByteDance pursues legal battle against Tencent after court rules it pay US$1.2 million in damages

  • Beijing-based ByteDance said it will appeal a decision handed down by the Guangzhou Intellectual Property Court in April
  • The court ruled against ByteDance, ordering the firm to pay US$1.2 million as compensation to Tencent for violating its copyright
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ByteDance, owner of hit short video-sharing apps TikTok and Douyin, plans to continue a bitter court battle against rival Tencent Holdings in a dispute over what is fair use in China’s cutthroat online entertainment market.
Beijing-based ByteDance said on Monday that it will appeal a decision handed down by the Guangzhou Intellectual Property Court in April. The court ruled that the ByteDance app called Douyin Huoshan Version, a short video and live-streaming platform, must cease incentivising users to live-stream Tencent’s Honour of Kings , the world’s most popular role-playing mobile game.

The court also ordered ByteDance to pay 8 million yuan (US$1.2 million) as compensation to Tencent for violating its copyright.

ByteDance, however, asserts that Douyin Huoshan does not infringe any intellectual property rights, arguing that users own the copyright of the content they create.

Tencent Holdings’ Honour of Kings was the world’s first video game, on any platform, to average more than 100 million users a day. Photo: Reuters

“There are different opinions on whether game operators should have control over live-streamed content,” said You Yunting, a senior partner at Shanghai Debund Law Offices. “The live broadcast of online games constitutes a cooperative work stipulated by the Copyright Law of China, so players are entitled to live-stream a game on a third-party platform, and game operators should not block it without proper reasons.”

You indicated that if users agree to live-stream on a platform, the operator of such platform shall be entitled to the same right to the live broadcast of online games.

The court decision in favour of Shenzhen-based Tencent, which runs the world’s largest video games business by revenue, may bolster its efforts to dominate live-streaming in China.

A potential merger between Huya and DouYu, the country’s largest video game live-streaming platforms that are both controlled by Tencent, could put the internet giant as the leader of a US$10 billion market.

Tencent, however, faces regulatory pressure on that deal amid Beijing’s increased antitrust initiatives in the country’s internet industry.

ByteDance ploughs US$15 million into Roblox rival, challenging Tencent

“If Tencent wants the merger to be approved, it will probably grant rivals larger rights to live-stream its games,” DeBund’s You said.

ByteDance on Monday also accused Tencent of using its media and other content platforms of spreading negative news about Douyin, the Chinese version of TikTok. The most popular of the accounts that ByteDance singled out had only 500 followers.

“If Tencent knows anything about these accounts [attacking Douyin], we welcome the chance to work together to fight against [these malicious parties],” said ByteDance in a statement.

Tencent declined to comment.

ByteDance-Tencent feud a boon to small gaming studios

The legal battles between ByteDance and Tencent have intensified amid Beijing’s renewed focus on antitrust actions against China’s Big Tech firms.

In September 2019, ByteDance sued Tencent for unfair competition that the latter banned links from Douyin on the firm’s WeChat and QQ messaging platforms.

ByteDance, however, dropped that lawsuit in March this year after it was transferred from Fuzhou, the capital of founder Zhang Yiming’s home province of Fujian, to the southern city of Shenzhen where Tencent is headquartered.
Earlier this year, ByteDance slapped Tencent with a 90 million yuan lawsuit for violating China’s antitrust laws, as WeChat and QQ blocked Douyin links. Tencent has asked to transfer this case to a court in Shenzhen.
This article appeared in the South China Morning Post print edition as: TikTok owner ByteDance vows to continue legal battle with rival Tencent
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