The man founded a website and an app with the same name, illegally stole genuine video links from 8 popular websites such as Tencent, iQiyi, and Youku through video capture tools, and played them on his own website to increase click through rates and attract advertisements. Recently, the Tianjin Binhai New Area Procuratorate has not prosecuted a suspect for suspected copyright infringement. Wei is an operator at an electric motor factory in Tianjin, and because he is not satisfied with his current job income, he is considering earning some "extra money". So, Wei self-studied website operation technology, created a film and television website and an app with the same name, and applied for registration with the communication management department. In order to increase the click through rate of the website, Wei started the idea of stealing high-quality film and television resources. In December 2020, in order to profit from advertising, Wei used video capture tools to illegally steal more than 100000 genuine video links and put them on his own film and television website and the same name app for netizens to watch. After investigation, the video links involve 8 popular websites such as Tencent, iQiyi, and Youku, all of which have not been licensed by the copyright owner and have engaged in economic gains, suspected of copyright infringement. In December 2022, the case was transferred to the Tianjin Binhai New Area Procuratorate for examination and prosecution. The case has received high attention from the Central Propaganda Department, the Ministry of Culture and Tourism, the Ministry of Public Security, the Supreme Procuratorate and other units, and has been jointly supervised. The Binhai New Area Procuratorate has mobilized capable personnel to form a case handling team, actively guiding public security organs to carry out investigation and evidence collection work. To ensure the legality and compliance of the entire process of electronic evidence extraction and fixation, the case handling team has had multiple discussions and exchanges with appraisal agencies to gain a deeper understanding of the ways, means, and manifestations of electronic data infringement, effectively solving the problem of fixed evidence collection. To determine the crime of copyright infringement, it is necessary to have the subjective condition of "profit oriented". The main behavior implemented by Wei is to play pirated videos to solicit advertisements. Does the indirect expected income belong to the "profit oriented" provision of the Criminal Law Amendment? "According to the relevant judicial interpretation, we guided the public security organs to collect evidence against Weimou's behavior, intention, long-term goals, etc., recovered Weimou's electronic equipment, and finally found relevant evidence such as notices and announcements issued by its member groups through careful sorting of electronic data, and determined that its playing of pirated videos was essentially to attract advertising and earn income, which met the constitutive requirements of" for profit "." Introduction by the prosecutor of the case handling team. At the same time, the case handling team learned about the technical protection measures taken by copyright owners from 8 websites, including Tencent, iQiyi, and Youku, in order to identify the specific infringement methods of Wei. In the face of conclusive evidence, Wei admitted the criminal facts accused by the procuratorial organs. The Binhai New Area Procuratorate subsequently filed a public prosecution against him for suspected infringement of copyright. (New News Agency)
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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