5 million of the infringer was added to the penalty

The intermediary transaction SEO diagnoses Taobao guest stationmaster buys the Cloud host technology Hall

Huang 3 people, without authorization, partnership privately erected imitation "legendary World (data download Registration)" Network game server and external operation, a short period of operation in June amounted to more than 7.9 million yuan, a profit of more than 5 million yuan, this sensational network of the world's "Hunan online infringement of the first case", although the dust has settled, It leaves a lot of room for thought.

October 8, 2007 10 o'clock in the morning Xu, the national Day holiday has just passed, Hunan province Changsha a talent market has been the voices, wearing a white shirt, carrying a new resume Huang, in the front of the door wandering alone nearly half an hour later, deep breath, and finally summon the courage to enter the market, began the life of another choice. He was originally a major shareholder of a network game company, he was sentenced to three years ' imprisonment and suspended for five years by Changsha Tianxin District court for using illegally obtained server private network game.

September 30, handling the case Changsha Tianxin District Procuratorate related personnel revealed that 3 online infringement of the infringer, in addition to being "infringing copyright" class to the economic penalty, but also be held criminally responsible. The additional penalty for the infringer of online games undoubtedly embodies the determination of the judicial department to crack down on the network infringement.

The way of the "Three Musketeers" in the online games

"Legendary World" is the most popular online game, but also the favorite of online games enthusiasts. Its copyright belongs to the interesting information Technology (Shanghai) Co., Ltd. (hereinafter known as the Company), Shanghai Shanda Network Development Co., Ltd. is authorized to operate the game exclusively in mainland China.

Chechun, Huang, Zhang Hua (are aliases) is Changsha many "legendary world" swims in the humble "Three Musketeers", the difference is that they have higher education background, in the love of online games, but also entrepreneurial desire. This entrepreneurial desire to change their future life.

The Three Musketeers made the entrepreneurial decision: to make money by using a private gaming server. And their targeted phishing is the legendary world of the online game that they like to play at that time hit.

In general, the so-called "private server" refers to the unauthorized use of servers, by destroying the copyright of other people's Internet game Technology protection measures, modify the data, "stolen" and the operation of these "cloning" game profit.

Millionaires and tens of millions of "companies"

"Their ability is very strong, but the law consciousness is too weak." "Referring to the first case of Hunan online infringement, Tianxin District Public Prosecution Section chief Gio to have a high quality of Huang and other involved personnel expressed regret.

Since August 2005, Chechun, Huang two people without the "legendary World" game copyright owners and copyright owners in China, the authorization of the agency company, using QQ to buy the "legendary World" game program. Thereafter, the two people on the network to apply for WWW.1755SF.NET domain name as the homepage, the game renamed as "The Wind Legendary World", and then in Fujian and Guangdong, a large number of rental, hosting servers, set up a private network game server.

Chechun, Huang, and Zhang Hua, who was later in the occupation, in fact, they have the quality of entrepreneurs, because they soon established their own business model: In this model, Xie is responsible for funding, external liaison, personnel and financial management, yellow is responsible for the game program Technology Management, accounting for 40% of the shares, Zhang is responsible for hardware maintenance and day-to-day business management , and then a Zhu, Wang an occupation, business more and more, and finally opened 18 online gaming account in Changsha, and hired more than 10 management and technical personnel. They perform their duties, manage effectively, and distribute shares by contribution size, and the "Wind Legend World" soon became one of the most prestigious. Thus, an obscure "small company" in less than a year to become the assets of nearly tens of millions of "upstart", and Chechun, Huang also easily become millionaires.

Sadly, their efforts were in vain, as the content of the three "entrepreneur" effort was eventually found to have violated criminal law.

The dispute between sin and non-sin

Purely from the operating point of view, the three enthusiastic "swordsman" to do the work effectively. As of June 2006, they had rented and managed servers up to 93 units. "Wind Legendary World" game management amount also reached more than 7.92 million yuan.

At this time, admitted to be a major loss of the company to the public security organs to report. May 17, Changsha Police official case investigation, and the Huang and other three people and Zhu, Wang MoU captured.

The case quickly entered the judicial process, at this time, the seriousness of the matter far beyond the "Three Musketeers" original imagination. In their eyes, the use of illicit servers to make money, only to play the legal "edge", the job is technical work, they did not think they would violate the criminal law.

"If simple reproduction is a crime, what about the second development?" "A local lawyer in Hunan, Chechun use illegal access to the server private network game, Huang Understand computer technology, add immediately after the game to modify and upgrade, constantly expand the scale of the game, this modification of the game is a simple copy of the software or the second development, the law does not have a clear definition. The family members of a criminal suspect believe that the "secondary" is two development, not the copyright law in the sense of reproduction and distribution.

But Shanghai Oriental computer forensic experts soon concluded that the "wind Legend of the World" and the company name computer software "Legendary World" has a substantial similarity. In accordance with the relevant law, the Prosecutor has carefully filed charges against five accused: the accused not only endangered the state's work management system, disrupted the market order, but also damaged the legitimate interests of the copyright owner, and the amount of illegal operation reached more than 7.9 million yuan, serious circumstances.

Illegal business or tort?

After a long trial, Changsha Tianxin District court to make the first trial verdict: Chechun, Huang, Zhang Hua were sentenced to 1.2 million yuan, 13.02 million yuan and 150,000 yuan of fine, and sentenced to probation. Wang is exempt from punishment because he is not capable of criminal responsibility.

"Was it a two-time development or a copy of the issue, by civil means or criminal means?" "After receiving this case, how to give the definition, the staff of the Tianxin District Procuratorate is very tricky, even if violates the criminal law, then this behavior is illegal operation or infringement of copyright?" The prosecutors of the Tianxin District Procurator's office have been studied, and they are ultimately classified as "tort" according to law.

Feng Weiguo, a doctor of law at Peking University and a professor of criminal law at Northwestern University of Political Science and law, said that there was disagreement in the legal profession because there was no complete definition of "servers" and "Plug-ins". He personally believes that the criminal suspect to the network game software to modify, into their own wisdom, it is no longer a simple copy of the issue, but belong to the "re-creation", should not constitute a tort, but belong to illegal business.

Illegal operation is a violation of state regulations, illegal operation, disruption of market order, serious circumstances of the act. The No. 225 article of the Criminal Law of China stipulates that the illegal business behavior disturbs the market order, if the circumstances are serious, they shall be sentenced to 5 years ' imprisonment or criminal detention, and a fine of 1 time times more than 5 times times of the illegal income of a single place; In particular serious circumstances, a prison sentence of more than 5 years, and an illegal income of 1 time times more than 5 times times the following fines or confiscation of property "should early refinement of regulations, to avoid public, inspection, legal understanding of the unity." Feng Weiguo said.

Dilemma

In fact, in the eyes of many players, the game has its own plug-ins in the operation of the process has its merits. There is a demand for the market, game developers, operators have to do with the Plug and the servers to fight.

However, it is difficult to combat such acts because of the difficulty of obtaining the evidence of cyber tort, which is free from the civil tort and criminal offense.

Therefore, the current domestic many online infringement cases, often to the end of civil mediation, it is difficult to investigate criminal responsibility, to the online infringement of the additional penalty, undoubtedly reflects the judicial department to combat network infringement of the determination.

And for game developers and operators, their struggle with the plug-in and servers will be long-term. An industry personage says, the game that exports from Korea to China mostly only 50%~60% maturity, game design is not enough to create the condition that the plug-in creates. The introduction of online games from abroad, because we do not have the right to modify, even if found that the game is unreasonable, but also to the developers to make recommendations. Wait until the copyright owner modified the game, the domestic game plug has been launched for several generations. Therefore, we must improve the quality of the game and customer service level to start, as much as possible to shorten the time lag, from the source to solve the problem of the game plug.