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Law

Online disk sharing paid courses for profit, infringement

2022-01-19   

After a public prosecution by the procuratorate of Lishui City, Zhejiang Province, a few days ago, the intermediate court of Lishui City, after trial, sentenced the defendant Feng to fixed-term imprisonment of three years and ten months and a fine of 250000 yuan for the crime of infringement of copyright in the first instance. The other three people in the same case were suspended and fined accordingly. In March 2020, Feng, who graduated from a famous university, saw someone selling paid courses in the wechat circle of friends. He thought that there were many ways to obtain paid course resources on the second-hand trading platform, smelled "business opportunities", and gradually formed a bold wealth plan: buy cheap paid courses from major platforms, Then sell through online disk sharing mode at a price far lower than the market price of genuine paid courses. Subsequently, Feng established an education and technology company to recruit college students or newly graduated personnel to join in the company by means of shares. The company has developed from the initial 4 people to 12 people, including himself. Although these personnel have received higher education, they lack legal awareness such as copyright protection. Instead, they believe that Feng's piracy is a new way of entrepreneurship. With their efforts, the company has developed an audience of more than 6000 people in just half a year. In October of the same year, Zhou, a citizen of Songyang County, Zhejiang Province, bought members at a Taobao store called "an Education Alliance" for 199 yuan, and then was pulled into an Internet cloud disk use group. Most of the massive shared files in the group are audio and video of well-known domestic education payment platforms. When he found that the price was so different, Zhou felt there was a problem and reported it to the public security organ. Subsequently, Feng and others were arrested. On April 27, 2021, the public security organ transferred Feng and other four people to the procuratorial organ for examination and prosecution on suspicion of copyright infringement. According to the investigation, from March to December 2020, Feng and others purchased educational documents, audio and video, etc. on well-known learning platforms such as Himalaya, get, Zhihu and XRS online schools from others, recruited 8 salesmen such as Huang in the name of an Education Technology Co., Ltd. in Guizhou, and Yang purchased telephone number information through illegal means, and the salesmen dialed telephone sales one by one, Let customers in need pay membership fees, and Xia is responsible for pulling customers into the corresponding network disk group for customers to watch and download through group file sharing. For more than half a year, the paid audio and video infringing by Feng's criminal gang has reached 500000 (with a capacity of 50t), involving 118 well-known enterprises in China. After the judgment of the first instance, none of the defendants appealed. At present, the judgment has entered into force. (reporter Fan Yuehong, correspondent Bao Xinxin, Wang Xuanyu, pan Qicai) (outlook new era)

Edit:Luo yu Responsible editor:Wang xiao jing

Source:jcrb.com

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