Copyrights and copyright infringement cases between long state digital and anthem literature

Lv Yin newspaper reporter from Guangzhou

From 2005 to the present, Guangzhou Huayi Culture Communication Co., Ltd. (hereinafter referred to as "Huayi Literature") and the long-state digital (3G portal for its hosting site) copyright infringement lawsuit case like a marathon race, which lasted 8 years.

"Ten years (infringement) of evidence linking the chain, for the season of literature, this damage is devastating." In mid-July, Wu Jinwen, chairman of the literature quarterly to the Times Weekly reporter details of the company suffered infringement hit the situation Has always been "in the doldrums of being unable to operate."

At 4 p.m. on July 17, the Higher People's Court of Guangdong Province held the case again in the Fifth Court. Wu Jinwen, chairman of the season literature, and Wu Danyang, the general manager, appeared on behalf of the appellant Fangjiu Literature, and the defendant, Longbon Digital, was represented by Wang Zezhu and Han Dongmei, World Chak law firms.

It is understood that the dispute involved 4185 works, of which the literature of the seasons had 4 times to sue 2 appeals, 11 complaints on the hearing of the case and the issue of the letter of request to reply. Prior to this, during the negotiation, President Zhang Xiangdong of Longbon Digital expressed his willingness to pay 1.5 million yuan plus a syndicate for mediation. However, Wu Danyang said he did not accept the claim and submitted a claim of 20 million yuan. The two sides did not reach an agreement on the negotiations.

After a long absence, Zhang Xiangdong, president of digital digital media said after the mediation failed, the long-state digital and anthem is not the beginning of the opposite relationship, the two sides had carried out copyright cooperation, but later this cooperation is not recognized by each other, the two eventually courtesy .

The long-established state-run mobile Internet company, Launched from the Symbian Times Portal, officially went public on NASDAQ on November 22, 2013, operating a GO Launcher application for Android. This fee applies to the overseas purchase of genuine web content under the habit of development has been handy.

Times Weekly reporter recently learned from the long state digital, the first quarter of 2014, Long Bang literature revenue of 27.5 million yuan, 3G portal revenue of 10.7 million yuan, while the new business mobile applications and services revenue was 48.7 million RMB, an increase of 103.2% over the same period of the previous year, mainly due to the increase of 205.3% in marketing revenue related to the GO desktop series on the line at the end of 2010.

After listing, in 2014, with the increasingly strict copyright rules, the cooperation mode between 3G portal and content providers ushered in an unprecedented test. According to reports, if this copyright case is compensated, it will be the first large-scale copyright compensation of overseas listed companies in the digital publishing industry. A few days ago, Die Zeit reporter contacted the state for a long time on this case, but insiders said that before the trial of the case, long-state digital will not respond to the outside world.

8 years copyright lawsuit

In 8 years, the case of copyright infringement of novels between JiuBang Digital and Huazhi Literature still failed to be closed, and the two parties held another trial in the afternoon of July 17 in Guangdong Provincial Higher People's Court.

It is understood that the dispute involved 4185 works, of which the literature of the seasons had 4 times to sue 2 appeals, 11 complaints on the hearing of the case and the issue of the letter of request to reply. According to the literature of flowering season, since 2005, when the literature of the season finds that long-term state digital has uploaded a large amount of its copyrighted works on its hosted 3G portal (wap.3g.cn) for online viewing and downloading by the public, etc.,

In response to being a long time digital tort, Huayi Culture Media in 2007 has sent letters, complaints, litigation and other ways to safeguard their legitimate rights and interests. After preliminary statistics, the work involved up to 4185.

On March 4, 2014, Zhang Xiangdong, President of Longbang Digital, and Wu Danyang, general manager of Huazhi Literature, held a negotiation on the copyright compensation for the seasonal literature in the conference room on the 2nd floor of Guangzhou Cultural Enforcement Brigade. During the negotiations, Zhang Xiangdong, a longtime president of Digital China, expressed his willingness to make compensation in the amount of 1.5 million yuan plus the commission for a mediation. However, Wu Danyang said he did not accept the claim and filed a claim of 20 million yuan. The two sides did not reach an agreement on the negotiations.

A quarterly show that long-state literature in the first quarter of 2014 revenue of 27.5 million yuan. 20 million yuan claim amount for a long time digital, is not a small sum.

Free reading provided by reading platform, to a certain extent, a huge traffic revenue, thereby increasing the advertising revenue from the website, there is still an immeasurable dilemma for this part of the current income. Therefore, the original works for the reading platform to bring the proceeds of valuation, it is difficult to become the basis for claims in the infringement case.

This time of large-scale compensation for the literature, may also be the court finds the final compensation for the amount of the gap. Earlier, the literature on the season and the long-state digital single-unit works of copyright lawsuit judgments, there have been seasonal differences in the valuation and judgment of the discrepancies. On March 14, 2014, according to the description of the petitions of the flowery literature, in accordance with the relevant provisions of the Provisions on Remuneration for the Printing of Written Works, the total number of words involved in the work was 68284 words. In its opinion, the loss due to the long-term digital compensation was 22,425 yuan, "far exceeding the judgment of the first instance The amount of loss (8,000 yuan) ".

The case involves more than 4,000 works. The total amount of compensation actually paid for a single work will be accumulated and enlarged under the influence of a total of more than 4,000.

At a recent meeting of China's emerging media industry on integration and development, National Bureau of Copyright Management Yu Cicheng said: "Both the new media and the traditional media are based on the same soil and can not do without the same conditions. This is the technology, platform And business model, is the work, content and copyright resources. "

According to reports, if this copyright case is compensated, this will be the first large-scale copyright compensation of overseas listed companies in the digital publishing industry.

Copyright encroachment dispute

The copyright dispute between Jongbang Digital and Huaqi Literature was conducted under the special action of "Jian Wang 2014".

It is understood that on July 9, the State Copyright Administration informed the first batch of online infringement and piracy cases investigated and dealt with in "Jian Wang 2014" special campaign. The "999 Treasure Net" in Anhui allegedly infringed the copyright infringement case and the "Shanghai Fudan Online Bookstore" and "Shanghai Hui Health graphic "online shop suspected of selling pirated books. However, the dissemination of disputes over the flowering and long-term digital has not been further resolved, and so far there is still a debate on whether the amount of compensation should be infringed or not.

Long state digital was founded in 2004, the founder of Deng Yuqiang and Zhang Xiangdong. Its business includes GO desktop series applications for global users and 3G portal and 3G book business for domestic users. The 3G portal, launched in 2004, is one of China's earliest wireless portals with more than 70 free channels.

It is understood that a long time before the state had also been due to copyright digital prosecution, of which Shanghai Xuan Ting companies, Beijing Chinese online compensation amount of 5,000 yuan, in addition, the Cultural Communications Limited on December 20, 2013 on the single part of the successful case, Won 5000 yuan.

Wu Dan Yang, general manager of the literature called the long-state digital infringement "tactics." According to its disclosure, in May 2010, the seasons spread found that long-range state digital use of its mobile phone reading software GGBook illegal transmission of works of art; November 2010, Blossom also found that long-state digital 3GYY search website "content from Tripartite website "(eg: www.fmx.cn) under the banner of the work will be uploaded to the 3GYY search site for readers to read online illegally spread to the public.

For long-Bang literature business, long state digital told the weekly reporter, long state literature began in 2010, monetization includes its own content distribution channel (3G portal Bookstore channel, "GGBook" application) and third-party content distribution channels such as Telecom operators and so on. He also said that Jubang literature has more than 50,500 literary works, with high-quality authors, of whom 30 have been published offline, and one author is Baidu's TOP10 author.

The literature in the seasons said that the "third-party websites" advertised by the state for a long time do not have any seasonal works or even "third-party websites" can not access them. Wu Dan Yang stressed that the long-state digital move is actually "tampering" to deceive readers continue to implement the way of infringement.

Open overseas copyright revenue

The era of Internet sharing, the cultural industry automatically fall into the trap of copyright. Zhang Xiangdong said in an interview: "Our company started from the 3G portal is to do two roads, one portal, one is the application software." 2010, the company introduced the client product (GO desktop), the identity of the purchase from the copyright Tilt the copyright owner.

According to the company's earnings report, Jubon Digital began to report a change in revenue structure in the fourth quarter of 2013: revenue from mobile applications and services accounted for more than 50%. The product that underpinned this flagship business is the GO desktop series of applications, contributing RMB50.9 million in revenue in the fourth quarter of 2013, up 230.7% from a year earlier. Revenue from mobile apps and services also boosted the company's net profit for the year to more than 500%.

GO Launcher, launched in Google Play in November 2010. Long state digital said the current GO desktop to 38 language versions of services from more than 200 countries and regions. Over 70% of GO desktop users come from overseas markets and over 80% of their revenue comes from overseas markets. At the same time, said the GO desktop overseas monetization has begun to take shape, has now become the company's major revenue sources. As of the first quarter of 2014, the total number of GO desktop applications worldwide has exceeded 400 million users and the monthly active subscriber base is 100 million.

According to reports, GO desktop revenue is divided into three parts: users pay directly, ad networks, direct advertising, the three parts of the revenue ratio is about 1: 1: 1. According to a report released in February by AppAnnie, Jubon Digital is already second in the monthly revenue list for non-game developers on Google Play, second only to LINE. These revenue from the application market, accounting for GO desktop one-third of total revenue.

Zhang Xiangdong, president of Longbon Digital, elaborated the principle of "fishing gold" on the GO desktop in PingWest: "Direct user payment is our earliest attempt to monetize. Now only beautify the theme of this line has more than ten thousand themes Sales on Google Play are still growing at dozens of new themes each week. "

"Affordable spending patterns on foreign internets have made payment a habit and a possibility." At a time when the state-run digital supremacy of a copyright lawsuit crisis in China, the overseas Nuggets path relied in turn on the more sophisticated online copyright landscape elsewhere.

Overseas, the long-established state-run mobile Internet company, Launched from the Symbian Times Portal, officially went public on the Nasdaq on November 22, 2013, relying on the rights to operate and sell GO Launcher applications. At home, the activist rights of publishers are continuing to be fermented, and the online content copyright protection war has just started.