6 Game Commercial v. Aerial Network case to be held: haven principle becomes the key

August 19 Morning News, six mobile phone game operators collectively sued the air network to provide cracked version of the game download, will be heard this month, 25th, the two sides have conducted a preliminary exchange of evidence.　　The evidence submitted by the aerial network shows that the game is uploaded by netizens, and the safe haven principle becomes one of the key cases. About two months ago, 6 companies from the Chinese Federation of Mobile game developers jointly filed a lawsuit against another member of the Alliance's Air network, suing the latter for downloading a cracked version of the game game online and claiming a total of $1.2 million.　　The latest news shows that this month 25th (next Wednesday) 1:30 P.M., the case will be heard in the Haidian Court 46 court. At present, the two sides have conducted a preliminary exchange of evidence. The defendant Air network provided two of evidence, a display of the cracked version of the game can be found on the Internet, and another show that the game provided by the Internet users upload.　　The plaintiff provided five evidence covering copyright, tort, loss, etc. The above situation also shows that the air network's responding strategy has been adjusted.　　According to the previous Air network response, the game is provided by the search engine automatically generated, and now the evidence shows that the game is uploaded by netizens. In this case, the focus of the case is determined by the relatively complicated search infringement, and it becomes applicable to the simple safe haven principle.　　This principle includes two parts: notice + removal, in other words, as long as the service provider in the notification, the removal of the relevant infringing products may be exempted from liability for infringement.　　The results of the query show that the air network has now been involved in the cracking of the game software deleted. Neither of the original defendants made any clear statement as to whether the two sides were interested in accepting the court's conciliation and the conditions of acceptance.　　However, according to Sina Science and technology, the plaintiff is still brewing a new round of litigation: the nearest hundreds game tort lawsuit against the air network, and "may not need to wait for the outcome of the case has been prosecuted." The incident recalls that the six plaintiffs who initiated the lawsuit accused the air network of "cracking and uploading the plaintiff's mobile gaming software" and "the Act was not licensed by the plaintiff".　　In the indictment, the plaintiff argued that the defendant's actions "resulted in a loss of the plaintiff's sales volume equivalent to the number of downloads downloaded on the defendant's website". The plaintiff's lawyer told Sina Science and technology, the above six enterprises ' lawsuit, each claim amount is equal to 200,000 yuan, the total amount of claim amounted to 1.2 million yuan. The six plaintiff enterprises and the game sued for infringement are: Beijing Xian Palm Software Technology Co., Ltd., "The River's Double Dragon biography"; Beijing Cool that Technology Co., Ltd., "Four beauty bucket landlord 2"; Huayi Letter Technology (Beijing) Co., Ltd. "Magic seal God 1046"; Jia Feng Yongdao (Beijing) Technology Co., Ltd. "The Fairy Tales 2" BEIJING China Entertainment Wireless Technology Co., Ltd. "Conglinch 2"; Tianjin ya Xun Tiandi Technology Development Co., Ltd. "Pandora Lamibao-Eternal legend."