The illegal reproduction and distribution of "asking mobile games" made 18 million profits, and 9 defendants were sentenced for copyright infringement

2021-10-27

"Upgrade quickly", "give God clothes when you recharge", "make money while playing"... These are the most common advertising slogans in private server games. Compared with the rising path of the upgrade of the genuine game platform, players in the private game platform can quickly upgrade to "high-end players" as long as they have a little "krypton gold". Players immerse themselves in the joy of the game, unaware that they have become the "blood transfusion" of the black industry chain. Recently, the Jinhua intermediate people's Court of Zhejiang Province rejected the appeal on a new criminal case of copyright infringement and upheld the first instance judgment of Yiwu people's court. The case is the crime of infringing copyright with the highest amount of illegal business in Zhejiang Province. After hearing, the court found that from May 2019 to August 2020, the defendants Zhang, Hu, Liu, Chen, Wang, Bai, Lu, Wang and Li, and Zhao, Li Qiang and Kong, who handled the separate case, knew that the mobile game software (hereinafter referred to as "asking mobile game") had the copyright of computer software, Without the authorization of the copyright owner Xiamen thunder interactive network Co., Ltd. and the operating unit Zhejiang Boyue Information Technology Service Co., Ltd., develop and operate 7 "ask for hand travel" private server games such as "surprise and winning ask" and "poetic and picturesque ask", and make illegal profits by recharging Yuanbao by game players. Identified by Fujian CSI Judicial Expertise Center, the client programs of the above seven mobile games are substantially similar to the official client programs of "ask for mobile games" operated by Xiamen thunder interactive network Co., Ltd. The illegal business amount of the defendants Zhang and Hu in this case amounted to more than 60 million yuan, the illegal profits of the nine defendants totaled more than 18 million yuan, and the stolen money of more than 11 million yuan has been withdrawn. After the trial, the court held that the nine defendants copied and distributed their computer software for profit without the permission of the copyright owner. The circumstances were particularly serious, and their acts constituted the crime of copyright infringement. Considering the circumstances of the defendant's crime, repentance and social harmfulness, the court sentenced each defendant to fixed-term imprisonment ranging from four years, six months to one year and a fine ranging from 6.4 million yuan to 150000 yuan. Some defendants were suspended; The illegal gains of the defendants shall be confiscated and turned over to the state treasury. Judge's statement Intellectual property is the exclusive right of citizens, legal persons or other organizations to possess, use and benefit from their intellectual labor achievements according to law. As a kind of intellectual property rights, copyright is protected by national laws and may not be infringed by anyone. The "private server" refers to the network server established after illegally obtaining the server-side installation program without the authorization of the copyright owner, which is essentially network piracy. Just like the reason that fake goods damage brand interests, "private service" operators invest low-cost funds to divert a large number of players from the regular online game ports, resulting in huge economic losses to the game companies enjoying copyright. "Private servers" are more common in the current game industry. Although the state has made greater and greater efforts to protect intellectual property rights, the temptation of low crime costs and high profits still attracts criminals to take risks. Such cases also gradually show the trend of high amount of money involved and team work. In this case, the defendant used the game materials of the original game owner without the permission of the copyright owner, and privately developed and operated the game "private server", which belongs to the "copy and distribution" in the criminal law, and his behavior constitutes the crime of copyright infringement. The Internet is not an extrajudicial place. Although the "private server" has various preferential treatment compared with the formal online game platform, the players' personal property is not protected by law. Once the "private server" is banned according to law, all the players' investment will be wasted. Therefore, game players should take the initiative to resist and actively report network violations such as "private servers" and safeguard their legitimate rights and interests and the copyright of game companies. (Reporter Yu Jianhua, correspondent Li Yalian, Chen ZHAOFEI) (outlook new era)

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