Discovering that the resolution of iQiyi's projection to the TV suddenly changed from 4K to the highest 480P, Zhu Yuan took iQiyi to court. Zhu Yuan is a VIP member of iQIYI Gold and a lawyer. He said that he contacted iQiyi customer service, and they told him that he needed to upgrade to a platinum member to continue to enjoy the original screen projection definition. He felt that his rights and interests were damaged and took iQiyi to court, hoping that the other party would not restrict screen casting in any way, reduce or limit the rights and interests of the original members during the membership period, and would not claim civil compensation.
On January 29, the Beijing Municipal Internet Court opened a case over this contract dispute.
Restricting screen projection and banning users from logging into accounts on several different devices at the same time have become the focus of complaints from users on long-form video platforms in recent years.
On February 15, the China Consumer Association released an analysis of the complaints accepted by the National Consumer Association in 2022. It mentioned that the problems in the field of online membership services include: the "nesting doll" charge of smart TV platforms has caused consumer dissatisfaction; The video platform restricts the mobile phone screen projection function of the original member user, and if the restriction is lifted, it is necessary to purchase more expensive value-added membership services, and the membership service experience is not good.
Previously, the Shanghai Municipal Consumer Protection Commission named iQiyi App for restricting screen projection and charging fees as unkind.
On the afternoon of February 1, iQIYI's official Weibo announced that it had received a notice of response to the change in the clarity of the projection screen, and would treat it seriously and prudently in accordance with the principles of respecting the law, respecting the contract, and respecting the rights and interests of consumers.
This is not the first time iQiyi has been sued. At the end of 2019, the online drama "Qing Yu Nian" was a hit, and iQiyi launched the "paid advance on-demand" service to provide VIP members with the opportunity to watch the series in advance for an additional fee. Lawyer Wu Shengwei took iQiyi to court as a VIP member, and six months later, the Beijing Internet Court ruled that iQiyi had breached the contract. Since then, major video platforms, including iQiyi, have successively issued statements canceling advanced on-demand services.
In early February, when he learned that Zhu Yuan was suing iQiyi, Wu Shengwei said in an interview with the Qilu Evening News that he hoped the relay could persevere.
Ahead of on-demand
Zhu Yuan told The Paper that as a consumer, prosecution is a way to protect his rights. At the same time, the expression of consumers' collective emotions will prompt platforms to consider changing their inherent patterns and logic. "I hope that through this, like the butterfly effect, it can cause some inspiration."
[The following is the conversation between the surging news reporter and Zhu Yuan]
(i)
The Paper: When did you discover that iQIYI restricted screen casting?
Zhu Yuan: It should be January 11 this year, I saw the news report, only to know that iQIYI has also limited the screen projection clarity of its own client, the maximum can only be 480P, before iQIYI only limited the screen projection clarity of third-party software, up to 720P, but the software projection screen of iQIYI TV, the clarity is not limited. In addition, iQIYI members were previously only divided into gold and star diamond members, and a new platinum member was added some time ago, and now the screen casting screen enjoys all the clarity and needs to open a platinum member.
The Paper: What is the impact of iQIYI's restrictions on screen mirroring?
Zhu Yuan: I usually use iQiyi a lot, after working during the day, I will cast the screen to watch movies with my family when I go home at night, so the limitation of their projection clarity makes us have no way to cast the screen anymore.
The Paper: After discovering that screen projection was restricted, did you communicate with iQiyi? How do they explain it?
Zhu Yuan: I talked to iQiyi's customer service, and the other party said that I had to upgrade to a platinum member to enjoy all the clarity of the projection. During the validity period of the membership, we consumers will not feel safe. After I couldn't communicate, I said I was going to sue them.
The Paper: I read the iQIYI VIP Member Service Agreement, updated on November 9, 2022, which reads: "Due to the different equipment terminals applicable to different types of VIP members, the membership rights and interests that each member type can enjoy can only be used on the device terminal applicable to the VIP member type, and cannot be used across terminals. The specific membership type you have opened, the applicable device terminals and the specific membership rights and benefits you can enjoy shall be subject to the description of the introduction page shown to you by iQIYI or the actual provision provided by iQIYI. "Did they communicate with you before and after they renewed their membership service agreement? Or have you received a message about it? When did you see this clause of them?
Zhu Yuan: No, the original membership service agreement did not contain restrictions on screen casting. My iQIYI members have been charged until 2025, all before their agreement change. This kind of Internet platform economy or membership economy, it is a one-to-many standard clause, so there can be no communication, negotiation, basically equivalent to you click into it is to agree. I also decided to sue and look at their membership agreement, only to find out that they had changed the content of the agreement at the end of last year. However, clicking is consent and is unfair to consumers.
The Paper: The iQIYI VIP Member Service Agreement, updated on November 9, 2022, has a note at the top: "iQIYI has the right to change the content of this agreement, and once the content of this agreement changes, iQIYI will notify you on the corresponding page, in a letter on the site or in other reasonable ways, please read it carefully." If you do not agree with the changes, you can choose to stop using the VIP member service. If you continue to use the VIP member service, it is deemed that you have agreed to the entire content of the change. The updated Agreement shall take effect on the date of the update at the beginning of this document. "What do you think about this?
Zhu Yuan: It's not good to comment for the time being.
(ii)
The Paper: Can you tell us about your first time using iQIYI? Approximately when?
Zhu Yuan: My earliest record was from 2017, but I should have bought membership on and off before because I have always used it. Since 2017, I have started to buy as a joint member, sometimes buying annual subscriptions, which have accumulated until 2025.
The Paper: When did you first purchase an annual membership? How much does a one-year membership cost at that time?
Zhu Yuan: It should be 2017, I don't remember the official price, but I remember that when it was promoted, even 99 yuan could jointly apply for membership on several platforms. In recent years, the membership price of the platform has been rising.
The Paper: What was the specific membership agreement at that time, do you still have an impression?
Zhu Yuan: Ordinary people don't read it, and I also went to see it after deciding to sue iQiyi, and it actually has many historical versions, which are different from the current ones.
The Paper: Did iQiyi have screen projection at that time? When was the first time you used them to cast screens?
Zhu Yuan: At that time, there was a screen projection, but I can't remember the specific time.
The Paper: What do you think the platform membership fee has been increasing in price in recent years?
Zhu Yuan: I have no problem with the price increase, I think this is a normal business practice. But if they limit our normal rights and interests during the membership period, that's another matter.
(iii)
The Paper: From prosecution to case filing, has iQiyi contacted you?
Zhu Yuan: No.
The Paper: After the case was filed on January 29, is the trial time now determined?
Zhu Yuan: Not yet.
The Paper: What is your impression of iQIYI's platform in the past few years?
Zhu Yuan: I often watch iQiyi's self-made variety shows and films and television, and I think many of them are very good. We don't have any problem with their platform, just think they should consider when making business changes.
The Paper: Your claim is that iQIYI shall not restrict screen casting in any way, reduce or limit the rights and interests of existing members during the membership period, and will not claim civil compensation. What do you think is the point of prosecution?
Zhu Yuan: In fact, there are many legal considerations here, including contracts, consumer rights, adjustments brought about by technological progress, and clear rules in the process of membership economy and platform economy, rather than doing what the platform wants... The Shanghai Municipal Consumer Protection Commission spoke out before, similar to denunciation, but after all, there was no judicial determination. I hope that in these aspects, there will be clearer judicial determinations to promote the regulation of this industry. Moreover, as a lawyer and a consumer, suing is also a way to assert my own rights. Screen projection has now become an industry, the definition of this screen projection technology, and the development of technology, including from small screen to large screen, the impact on copyright, etc., these experts will consider, I also hope that through this matter, like the butterfly effect, can cause some inspiration.
The Paper: Like the previous "advanced on-demand case"?
Zhu Yuan: The advanced on-demand case was written into the work report of the Supreme Court in 2020. It not only affirms the rationality of the new economic format of the platform economy and the unilateral change of this standard clause, but also establishes some basic principles for this approach, and also prompts the platform to face up to some problems and let them know the risk points. About a year after the advanced on-demand case came out, several major long-form video platforms have successively canceled advanced on-demand, but I don't know if the concept has changed and come out again, but the word advanced on-demand has not been there after that. Therefore, I think that this kind of consumer questions and collective sentiment will prompt the platform to consider whether this model and logic should be adjusted when the business form has developed to a certain extent.