Cruise to touch control and other companies: Hand Tour copyright protection War warming

The game circle is not very peaceful these days. One side is hot hair hot to the concept of continuous fermentation; on the other side, the gaming industry's long-standing copyright battle has again begun. Recently, from Sohu Tour leading the copyright protection event, to Shanda Game report its former staff research and Development of "Dragon World Hegemony", all let people's eyes again gathered to the game industry infringement risk problem. Reporters interviewed a number of people in the industry said that, in fact, the end of the tour experienced many years of development, the industry in the field of IPR infringement has been relatively mature. However, there are many channels of hand-travel market, homogeneity problem is serious, infringement of the illegal cost is low, the industry has not yet formed the awareness of intellectual property rights. "As the market matures, the field of hand-travel in intellectual property protection is followed by the end of the era of intellectual property protection path." "The legal profession told reporters, but because of the rapid development of technology and market, hand-travel and even the whole game area of intellectual property rights protection, but also need to further improve the law." Mr. Jin Yong, a martial arts writer with a tour of copyright, has been busy. October 17, Sohu tour to the hands of the giant touch technology to send a lawyer letter, the request for its deletion of "war" involved in Jin Yong's novel "Tianlong Eight" elements, stop the infringement. Moreover, the tour also to 91 mobile phone assistants, pp assistants, pipa nets and other hand-travel platform to issue the rights of communication, requirements of the major platforms for infringing products to handle the next frame. October 18, the tour to the "21st Century Economic report" reporter said, "War Lake" developers Chengdu Yu Xiang has issued an open letter apology, and promised to be launched at the end of October "war" in a new version, the total replacement of all the original Jin Yong novels in the elements. It is understood that in July this year, according to Sohu Tour Mobile Operations Division general Manager Chen confirmed that the tour has been spent 20 million Yuan Jin Yong 10 works of the exclusive right to adapt the book, including "Tianlong Eight", "Deer Ding kee", "Mild sword", "Snow flying fox" and other works. And the perfect world is to obtain the "Smile Proud Lake", "God Carved heroes" and other four Jin Yong martial arts fictions of the right to adapt. Zheng, a veteran gaming industry observer, told reporters that when an industry reached a certain degree of heat, the desire to establish a market order in a company that had developed in the industry would increase. In August this year, there was news that Jin Yong's joint Sohu Tour and the perfect world to deal with the problem of game infringement, followed by media reports, Jin Yong asked to swim to more than 20 suspected infringement of their works copyright game company issued a letter of attorney. The above news is confirmed by the tour. Although the tour side declared, "This time not only for the high revenue infringement game, will be all serious infringement of the game company to investigate the relevant responsibility." However, play crab science and technology development of martial arts game "big Masters" and the network issued by the "Meng Hu", because in the revenue has a relatively eye-catching performance, the industry will be regarded as the first game is held responsible. Since then, with the palm of the technology to invest 1.739 billion yuan to acquire a game of crab technology 100% of the news to the bottom, play crab technology and swimming in the copyright dispute also to reconcileWay to pause: according to the palm of the Technology acquisition report, September 29, Mr. Cha (Jin Yong), Sohu Tour, the perfect World and play Crab technology signed the agreement and its annex, agreed to play crab technology in the existing use of the way to continue in the "Big Masters" in the use of authorized works, until July 31, 2015 For the use of authorized works before October 1, 2013, crab technology should pay a fixed amount of compensation; from October 1, 2013 to July 31, 2015, play crab technology should be the game recorded net income according to the agreed proportion to Sohu swim, perfect world. The Beijing tour of the crab before the relevant lawsuit has also been withdrawn, and won the court's decision to grant. October 16, the travel network on the use of Jin Yong's novel Elements of formal apology, and said in recent days to the company's all game products carried out a detailed self-examination, the game involved in the content without the authorization of the use of Jin Yong was completely deleted. The tourism network said that in the future work, will strengthen the product content monitoring, intellectual property rights respect and protection. "Jin Yong learned that many games in China have changed their works without permission, and I have no office in the country, so in the acquisition of the exclusive authorization of the works of Jin Yong signed the agreement, there is a ' swim has the obligation to assist Jin Yong to do intellectual property protection ', so we have to help him do this thing. Li Guorong, vice president of public relations, told reporters that the current tour using a relatively light form of the lawyer to inform the industry, the future will continue to increase intellectual property rights in the field of protection. Game Intellectual Property classification this round of the protection of copyright by the company led by the tour, mainly related to the "copyright law," the right to adapt, that is, the adaptation of literary works into films, TV dramas, comics and games and other forms of work. It is understood that the right to adapt according to the level of authority can be divided into general license, exclusive authorization and exclusive authorization, the end is that the author of the literary works do not have the right to adapt it. High-tech and network communications industry, legal experts, Beijing Jin Cheng Tong da Law firm Intellectual Property Department senior partner Li Decheng, October 18, in an interview with the Economic report 21st century, said that Jin Yong's exclusive authorization to swim, swim on the right to operate their own and to combat unauthorized companies. "And if other gaming companies want to adapt Jin Yong's work to a game, one way is to obtain the right to make an exclusive license to other game companies through Jin Yong, another channel is to obtain authorization from the game companies such as swimming, but the premise is that the game companies such as swimming to obtain the delegation of Jin Yong's works. Li Decheng told reporters. In fact, in addition to the issues involved in the right to adapt, the gaming industry from the early days of development, many other intellectual property protection issues have been plaguing many companies in the industry. Grand Games and Korea Wemade on the "Legend of the World," the infringement of the game, grand games to hit the illegal plug-in, running kart and Tencent QQ Rook and swimming and Kirin game between the dispute, are the end of the era from the proliferation of violations to the order of the classicCase。 Li Decheng to reporters, related to the game area of intellectual property rights infringement, mainly include: Some company's products related to other company's product name, there may be involved in trademark infringement disputes; Game product content in the role, plot, plagiarism and duplication is copyright infringement, and game staff to steal the original company's procedures, constitute a software copyright infringement, and if the former employees to steal the original company's product source code, but also may constitute a trade secret infringement. "The game outside the two kinds of logic to determine the case, the first game is the network publication, itself is part of the network publishing, if not approved and obtained a large number of ill-gotten gains, will constitute a crime of illegal operation." Li Decheng said, another in the belief that online games are software copyright works in the logic of the use of plug-ins to do a lot of virtual equipment for sale, these virtual equipment generated a copy of the software copyright, this replica unauthorized and profitable, constitutes a crime of copyright infringement. "Often in these cases, the public security organs can be involved for a variety of reasons, such as hacking into computer information systems or destroying computer information systems, or deleting computer data information," he said. Li Decheng said, the last is often to invade the computer information system crime to identify relatively few, more common is illegal business crime, followed by infringement of copyright crime. The trap of property rights protection game industry is a high-speed development of the technology industry, and it is well known that the development of hand travel more rapid, in the use of legal means to achieve the protection of intellectual property rights, also need to improve the law to support. Lawyers told reporters that in many cases, the rapid development of information technology is always faster than the speed of legal perfection. October 17, in Hangzhou, the Internet innovation and Intellectual Property Protection Summit Forum, electronic Data forensics has become the focus of many legal professionals. "In the field of intellectual property protection, many cases involving the extraction, fixation, presentation and submission of electronic data have certain technical difficulties, from the current evidence of electronic data to apply in civil and criminal proceedings, the threshold is also relatively high." "Hangzhou six and law firm, former deputy director of Intellectual property rights, Kong Jianxiang reporters that the electronic data can not be handled properly to prove the purpose can not be achieved, or electronic data authenticity, objectivity and legality are not guaranteed." In addition, hand-swim and even other types of games, even in the public and beta-phase infringement signs are obvious, but with the game's operation and development needs, the game will occur many kinds of changes, this time, according to the game at different times, different versions of the product to do various types of forensics, This objectively brings a great burden to the defenders of intellectual property. And in the hands of the industry, job-hopping behavior is more common, and then triggered the theft of source code and other violations are quite serious. About the source code of the theft of infringement cases, Li Decheng also told reporters that the law on the protection of commercial secrets more stringent requirements to prove that they have adopted a confidential measures such as the proof of the difficulty is very large, in particular, whether the spirit of the use and modification of the source code, access to evidence and clues are relatively limited is also aA problem, often can only rely on the public security organs of the investigation and the People's Court evidence preservation measures. "In theory, game companies need to be more comprehensive on their own, including their own rights to use and the right to seek action without permission to use them at the same time." "Li Decheng told reporters that for their works copyright trademark application, to the source code protection to seek effective measures to prevent developers steal replication or job-hopping after the use, in the course of operation to find out and plug-in behavior to timely exercise of technical and legal measures. "But the real game in the field of judgment constituted tort cases, although there is a relatively small proportion, at present in the protection of intellectual property rights have a certain degree of difficulty." Li Decheng told reporters.