This was a guiding case published by The Supreme People's Court.
The plaintiff filed a lawsuit with the Intermediate People's Court of Qinhuangdao City, Hebei Province, where the plaintiff is domiciled, on the grounds that the defendants D1 Company, D2, and D3 had published and used their copyrighted photo art works on relevant websites without authorization, infringing the right of online communication.
Defendant D3 argued that ""this case should be governed by the provisions of Article 15 of the ""Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes Over Infringement of the Right to Network Transmission of Works"", and Qinhuangdao City is the domicile of the plaintiff or the domicile of the defendant"". He raised objections to the jurisdiction of the case and requested that the case be transferred to the Beijing Internet Court where the infringement occurred and where the defendant was domiciled.
Court held that the place where the results of infringement of the right to disseminate works through information networks occur is uncertain and should not be used as a basis for determining jurisdiction. In determining the jurisdiction of civil disputes over infringement of the right to network transmission of works, article 15 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes Over Infringement of the Right to Network Transmission of Works shall apply, namely, that the people's court of the place of the infringing act or the place where the defendant is domiciled shall have jurisdiction.