For high-definition video enthusiasts, the idea of the network is famous, it was the largest HD portal video site in China, but also the largest and most famous HD pirated AV website. 46-Year-old Thinking Network President Zhou Zhiquan and friends in the cracked genuine audio-visual works posted online, to member fees to download and watch the way profiteering. The site not only has tens of thousands of High-definition Blu-ray movies, but also a variety of video and television programs, the number of members have more than 1.4 million people.
Yesterday, known as "China's first case of copyright," the idea of the network infringement case in the Haidian court. Zhou Zhiquan was sentenced to 5 years ' imprisonment for copyright infringement and fined 1 million yuan. The co-accused 6 were sentenced to 1 to 3 years of imprisonment respectively.
-Sentencing
Principal offender refuses to plead guilty
1:30 P.M. yesterday, Zhou Zhiquan and other 7 people were taken to court. Unlike the others, Zhou Zhiquan kept his head up and his mouth slightly elevated.
The judge first read out the indictment, the public prosecution authorities allege that the defendant Zhou Zhiquan in August 2008 to set up a Beijing heart a product Technology Co., Ltd., business Ideas website, and will Hdstar forum as a site inside the station. Between January 2009 and April 2013, Zhou Zhiquan hired defendants Suliyuan, Cao Jun, Jia Jing, Li Jinghan and other people, without permission of the copyright owner, to the member system, the copyright of others enjoy a large number of film and television, music and other works in the form of seeds, upload to the Hdstar forum for registered members to download, At the same time through the launch of advertising, sales website registration invitation code and VIP membership for profit.
At the same time, Zhou Zhiquan's associates Ku Yujie from May 2012 to April 2013, employing defendants, Tri Bing and others, without permission from copyright owners, copying other people's copyrighted films to 4,000 copies hard drives and selling them through Taobao stores.
After hearing the case, the Haidian court found that the accused Zhou Zhiquan employed the accused Suliyuan, Cao Jun, Li Jinghan and Jia Jing for profit, and the plot was particularly serious without the permission of the copyright owner, and the circumstances of the transmission of others ' works through the information network were especially severe. The defendant Ku Yujie employed Tri Bing for profit, and to reproduce the The circumstances are particularly serious and the actions of the accused have constituted a crime of copyright infringement and should be punished. The accused Suliyuan, Ku Yujie, Cao Jun, Jia Jing Yang, Li Jinghan, Tri Bing after the court and in the trial can truthfully confess their crimes, guilty of a better attitude, the courts on its 6 per capita punishment in accordance with the law. Principal Zhou Zhiquan was heavily punished for refusing to plead guilty.
In the end, the court decided Zhou Zhiquan guilty of infringement of copyright, sentenced to 5 years imprisonment, a fine of 1 million yuan. The defendants, Ku Yujie and Suliyuan, were sentenced to 1 to 3 years of imprisonment respectively.
-Tips
Ensure the legal source of audiovisual documents
According to the judge, in the case, several of the culprits are high-definition Blu-ray video enthusiasts, in their consciousness does not believe that copyright infringement is illegal, the lack of copyright awareness to gradually embark on the road of crime.
According to No. 217 of our criminal law, for the purpose of profit, without the permission of the copyright owner, to reproduce the publication of its written works, music, films, television, video works, computer software and other works, and to reproduce the recording of the recordings produced by them without the permission of the producer of the recordings, the amount of illegal income or other serious circumstances , shall be sentenced to imprisonment for three years or criminal detention, and shall be liable to a single penalty, with a large amount of illegal income or other particularly serious circumstances, imprisonment for three to seven years and a fine.
The judge said that, at present, China's piracy tort cases are a large part of the Internet to actively reproduce the transmission of infringement cases, but the overall incidence rate than before, this is mainly the administrative law enforcement agencies of the two years of special action on piracy cases have been severely investigated, this kind of illegal and criminal acts of effective deterrence, At the same time, residents ' awareness of intellectual property rights increased, and the awareness of IPR protection gradually increased.
The judge suggested that, as a criterion for judging whether or not the infringement, the residents should obtain the source of audio-visual documents must be legal, while without permission, not for profit for the purpose of large-scale dissemination.
-The road to prosperity
Started out as an executive makeover site.
According to the judge, Zhou Zhi all do not think that they are illegal. In several interrogations, he said that High-definition video is his hobby, and every time he mentions the issue of copyright, Zhou Zhiquan is silent.
It is understood that this year, the 46-Year-old Zhou Zhiquan graduated from Beijing University of Technology, with a master's degree, was it elite. He went to the idea net in 2003, after gradually squeezed off the other top level of the website to begin to transform the website.
2008, Zhou Zhiquan founded the "Heart of a Product" company, website linked company, began to do a pirated HD download business. Soon thereafter, Zhou Zhiquan met the Suliyuan from Bubble, who was also an IT elite and a high-definition enthusiast.
Zhou Zhiquan soon hired Suliyuan as technical director, Full control of the day-to-day affairs of the company, and other directors are HD enthusiasts, responsible for the management of more than 100 people's team, day-to-day monitoring and maintenance of the site.
It is understood that the idea of the network management team reached 139 people, the composition of the staff is divided into full-time and part-time, the management plate is divided into customer service, moderators, pressure groups, package groups, maintenance developers and publishing groups and so on. The team leader is Suliyuan.
According to Zhou Zhiquan confessed, the idea of the site's main business is its own registered Beijing heart a product technology limited liability company. Company staff every Monday to the company meeting, reporting work last week, the deployment of the next step, the company staff to take a clerical system, at home can complete the work. The website not only provides the high definition film seed, for the registered user to download the movie, the company management person also buys the source or downloads the source from the foreign website, and adds the subtitle, uploads the website for the user to download.
Means forum has "pirate area"
According to cultural law enforcement personnel, in order to evade tracing, the idea of the network has a total of three-tier structure.
The first layer for the display layer, namely www.siluhd.com, mainly introduces a large number of film and television information and high-definition audio-visual equipment products, the content is completely legal. And in this page will be accompanied by a web name bbs.siluhd.com domain name, known as the idea of the forum page, through registration can enter. In the forum, members must be invited by the webmaster to enter the third layer of the network of ideas, namely www.hdstar.org, which is to provide a large number of pirated TV dramas, music and game software URLs.
Invitation code need members in Taobao and other sites to pay for the purchase, the user can pay to the website through Alipay cash, monthly recharge 50 yuan to become a monthly VIP users, access to free download permissions. At the same time the level of the site can be promoted, the membership is divided into Pluto, Neptune, Uranus, Earth, Venus, Mercury, the sun, the highest level of the sun.
According to statistics, a total of 22,296 infringing works, including 18,772 film and television dramas, 3,316 albums of musical works, 208 games software. The core site daily on-line number of people reached more than 6,000 downloads per day.
In the course of investigation, the police found that the registered members of the site involved in a number of countries and regions, in addition to China, there are Britain, Japan, South Korea and so on. In addition, because other sites can easily set up links with infringing content of the Web page, and the interaction of the network allows others to add freely, and by e-mail or other hyperlinks to spread widely, so the content of the infringement of the rapid expansion of social harm.
Profitable advertising revenue up to millions of
The gang in Taobao set up a special "Hdstar official Taobao Store" Sales registration invitation code, monthly, package year and permanent card, the value of 98 yuan to 3500 yuan, and "Beijing Haina technology-Audio and video digital monopoly Taobao shop" cooperation, high-definition audio-visual hardware equipment and the website registration invitation code Packaging sales.
In addition, the idea of the network is also in Zhongguancun, West Bridge open the entity shop, sales of computer hardware, high-definition player, home theater and other high-definition audio-visual peripheral products, stored digital high-definition video. Registered users can spend money on Taobao to buy so-called devices, which are stored in a large number of high-definition pirated movies and video.
Network of ideas not only provide a large number of pirated infringing works, but also provide obscene and vulgar films, and through members fees, advertising and other illegal operations, suspected infringement of piracy, the spread of obscene pornography and illegal operation of 3 types of violations, illegal operation of huge amounts.
As a result of the brand in the industry, the idea of a network of advertising contracts is also a constant, after a preliminary investigation, the site a year of advertising revenue can reach 2 million-3 million yuan.
Impact paid membership more than 1.4 million
At the end of 2012, the Beijing Cultural Law Enforcement Corps received reports from the masses, saying that the network has a large number of pirated infringing film and television works. And the site is extremely covert, only the monthly payment to become its members, can download to pirated Blu-ray HD movies.
After early detection, law enforcement officials found that the site is a general introduction of Blu-ray website, but the site is linked to the HD Star Forum on the existence of a large number of pirated films and TV drama Resources, and are Blu-ray HD format, as long as the fee can be downloaded to these pirated HD blockbusters. But the idea net member is more astonishing, the preliminary statistics, the idea net registers the member user to reach more than 1.4 million, each day simultaneously on-line user more than 20,000 people, the tort works is more than 2.2 pieces.
After grasping the evidence, April 24, 2013, Beijing cultural Market Administrative Law Enforcement Corps, Beijing Municipal Public Security Bureau Haidian Branch Police, network supervision, Xiangshan Police station, divided into 6 groups, respectively, to Zhou Zhiquan, Suliyuan, "Heart of a product" company location Icecrown North Park, East Asia Three ring, YiHai Garden and provide ideas network Server Operators "capital online" to carry out capture work, Zhou Zhiquan and other 7 people successively.