the afternoon of June 26th, the Shenzhen municipal market authority Nora company formally served "administrative punishment decision" (hereinafter referred to as the "decision"), according to the "decision", Nora was fined 260 million yuan, with immediate effect. Nora said an unnamed senior told Nanfang Daily interview on the evening of 26, has received the "decision", but pleaded for the amount of the ticket price will apply for administrative reconsideration or submit a complaint as soon as possible, and that the 260 million yuan ticket for the companies to accept can not afford, can not afford to pay all closing".
Our defense all rejected
June 17th, the Shenzhen municipal market authority intends to Nora company 260 million yuan of administrative punishment hearing, said because of commercial confidentiality, hearing is not open to the media (see "Nanfang Daily" June 18th).
26, the Shenzhen municipal market authority to disclose, at the hearing, Nora company and handling units, the case of the third people, such as a heated debate, the final hearing group to maintain the administrative punishment recommendations. Hearing Nora company mainly puts forward four arguments, but were dismissed by law.
it is reported that Nora believes the company behavior does not have subjective intent, should use the "safe harbor principle", does not constitute a violation of administrative law; there is no evidence or the evidence is insufficient to prove our company violated the public interests. At the same time, Nora company believes that it has been carried out rectification, said the case is a repeat punishment, the matter and then fined; and that the amount of the proposed fine and its calculation method is wrong.
said the Shenzhen municipal market authority, the evidence submitted by Nora does not prove that there is no infringement of their subjective intent, and verified evidence of the existence of infringement of the right to network dissemination of information and subjective intentional tort; the without permission from the copyright owner to the public dissemination of infringing behavior, violated the fair market competition management order, to the detriment of the public interest. At the same time, Nora company made an administrative penalty in the State Copyright Bureau, ordered the end of the rectification period, still in the implementation of the infringement, so the punishment does not belong to the matter and then fined".
for 260 million yuan penalty amount, Shenzhen city market authority, said Nora company unauthorized dissemination of film and television drama, variety of works of a total of 24, nearly 1000 sets. After investigation, the law finds illegal business turnover in this case is 86 million 716 thousand yuan. With the implementation of numerous violations of long duration, social impact, subject to administrative organs after punishment, refuse to correct, to continue the infringement, subjective intent clear, illegal circumstances are serious, a huge amount of illegal business, according to the law on the illegal business 3 times the amount of fines.
Nora must pay a fine within 15 days
is responsible for the delivery of "Shenzhen city market authority Inspection Brigade personnel decision" said the decision Nora has authorized the company administrative department responsible person to sign the law, according to relevant regulations, Nora companies should pay the fine within 15 days, overdue payment, the daily will be fine.