"Cloning" other people's website infringement lost 30,000 yuan

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Cooperate to open the company

August 2005, Zhou an investment of 80,000 yuan and Golinrette company legal representative Mr. Fan set up the copper carving craft factory. August 17, 2005, Golinrette company set up a china-sinks Web site for the release of copper carving products and related information, they tried to advertise through the website, the product sold to overseas customers.

March 20, 2006, Zhou withdrawal, the two sides signed the "cooperative Break up contract book", agreed to withdraw the shares of the week, Mr. Fan returned an investment of 80,000 yuan, and another payment of 70,000 yuan as a withdrawal compensation fee, cooperation matters all over. However, during the two-person cooperation, Golinrette produced a number of product promotional materials for the China-sinks website. Zhou took advantage of the partner's identity to back up the data.

"Clone" original partnership website

April 19, 2006, Zhou commissioned a company for its agent registered cop-persinks International Domain name and website. April 20, the agency for the week of a domain name registration, the domain name Management Authority to the week, by the week of a self management.

After cooperating with Mr. Fan, Zhou will apply the backup data to his Coppersinks website almost without modification. Golinrette company found that Cop-persinks website suspected of plagiarism Golinrette Company's China-sinks website content, then apply for Xiamen Simin District Notary Office for Evidence Preservation.

According to Xiamen Golinrette Company A salesman said, weeks after the company has developed a series of more than 90 kinds of products, but when the Golinrette will be published online, not a few days later, they found that the company's products overnight were all copied. Golinrette Company believes that they spent more than 10 days and nights to develop and design things, put their own China-sinks website display sales, but was coppersinks site duplication, plagiarism, and even the site design flaws are replicated, more serious is, On the Coppersinks website, click on the link to enter the page with the plaintiff's site exactly the same content. They believe that Zhou's move was stealing the fruits of their labor.

The infringer apologizes and loses money.

August 2006, Golinrette Company to the Xiamen Intermediate People's court lawsuit, sued Zhou. The plaintiff asked the court to decide the defendant to immediately stop the infringement and unfair competition, and immediately eliminate all infringing content, on its website to apologize to the plaintiff, compensation for economic losses of 80,000 yuan.

The defendant of the week that the content of the Web page is his cooperation with Mr. Fan during the joint development, copyright should be jointly owned, therefore, his behavior does not constitute infringement.

December 20, 2006, the Xiamen Intermediate People's Court in the case made a verdict: The defendant on the site immediately deleted infringing content on the website, and in the Coppersinks website in Chinese and English issued an apology statement, to the plaintiff apology, eliminate the impact of the apology statement should be retained for 10 days; The Court also decree Zhou Compensation plaintiff Golinrette Company economic loss of 30,000 yuan.

Judge release case: "Cloning" website is plagiarism

Xiamen City, the trial judge of the court that the plaintiff Golinrette company is both the China-sinks site of the owner, but also the name of the Web page data, in the case of the defendant without evidence, you can presume that the plaintiff on the site content of the Web page has copyright. After the defendant withdrawal on March 20, 2006, the original partnership of the bronze carving process factory will no longer enjoy any property rights. Moreover, the China-sinks site is all for the plaintiff Golinrette company, not Mr. Fan personally. It is clear that the defendant has no factual basis for claiming copyright in partnership.

The defendant week to use the plaintiff's website backup data, applied on own Cop-persinks website, apparently belongs to the plagiarism behavior, infringed the plaintiff's copyright. Defendant Week is the coppersinks site of all people, and is the implementation of tort, therefore, the court that the week should bear the corresponding legal responsibility, immediately stop infringement, apology and compensation for economic losses.