Le tease says sign copyright exemption clause, lawyer finds clause invalid

Le tease aspect says, with "three Swords Hao" the developer of the wind game signed copyright exemption clause, the lawyer found that the clause is invalid.
As a hand-travel industry distributor, Le Tease has recently added a title-"The defendant", and the other protagonist of the event is the game industry heavyweight companies-swim.

Two companies stand in the plaintiffs ' and defendants ' seats, from the cruise prosecution of the "three Swords Hao" game has infringed the rights of Mr. Jin Yong's works in the field of Hand tour. According to the latest information from the financial weekly reporter, the current tour of the prosecution of fun infringement cases have been filed in June, but due to regional jurisdiction issues, court time may be delayed.

The piracy case did not affect the Nasdaq listing in the United States, and, from its August 7 listing to date, the share price has risen 41.09%.

Postpone the hearing.

In March of this year, a tour of the news of the fun of the proceedings spread throughout the circle, everyone exclaimed that this is the "battle" of two big game, but let the parties did not think that this is a long battle.

"We were sued in March and officially filed in June," the media director told reporters. The location has not yet been confirmed, before the confirmation of the location in Beijing, the court after the jurisdiction of some objections, will postpone the session. Because the company itself is in Shenzhen, but some of the behavior is happening in Beijing. Infringement of the Internet will be more troublesome, involving different places. ”

For this infringement, the attitude of the swim is more determined than ever before, and play crab technology, the race of the lawsuit is quickly settled out of court settlement, and this time for the fun of the behavior, swim chose to take the legal proceedings.

The director of the tour media said, "Because Jin Yong's entire mobile game's book adaptation right is authorized to swim and perfect two, so we decided to sue him." Le Tease's COO Sumeng came to apologize to us before, but just apologized and didn't say any solutions, which we were very dissatisfied with and they talked to the media about their reconciliation, but there was no reconciliation. Fun or public companies, so to prosecute the end. ”

It is understood that the current desire to swim mainly has two aspects: on the one hand, the demand for fun to give apology, the industry has a public account. "This is our biggest demand, we sue is not for fun to compensate for this money, swim is a listed company, also not bad money." "On the other hand, the tour seeks compensation for the loss of the copyright party, the amount of compensation involved is up to millions of yuan." "The Tour and Jin Yong are counted as copyright parties. Whether there is an agreement or what, the return of the money is not clear how to allocate it. ”

As the defendant, Le Tease said, is still active processing, time may be slightly longer. "This itself is not a fun problem, but developers of some problems, some difficult to identify the part, we are doing some related coordination." ”

When asked about the latest preparations for the lawsuit, Le Tease Coo Sumeng told reporters, "It is not convenient to disclose." But of course we want to reconcile them in a variety of ways. ”

In addition, the financial weekly reporter to another one who has the right to adapt to the perfect world of Jin Yong's work on the latest progress, the company's relevant staff said, "from the company's legal department to understand the situation, the company has not yet prosecuted Le tease." ”

Le tease exemption clause does not effect

The dispute between the fun and the tour should be traced back to last December, when the "Three Swords Hao" was online. Last December, Le Tease successfully won the Wind game development 3D Martial arts ARPG Hand Tour "Three Swords Hao" agent right, and intends to be its star Hand tour project to promote.

In the fun of the official website of the introduction can be seen, the company has been acting "temple escape", "Fruit Ninja", "Gingerbread people cool run" and other hit games, in the leisure hand Tour has a considerable industry influence. And Le tease this signing "three Swords Hao" is an attempt to expand the agency business to the middle and heavy game market, and to the beginning of the game into the Hand tour ARPG field. Up to now, the game in Le Fun official website has 6.52 million of the download volume, in the pleasure of the agent's hand tour in the forefront.

Although currently in the fun of the official online can not find "three swords Hao" related promotional information, but from other games related sites to see the description. For example, often appear in the introduction of "Three Swords Hao" assembled Jin Yong, Cologne masterpiece, over the Hundred famous "" and other words, the game also appeared such as "Qiaofeng", "Yang", "Dragon Girl" and other names, and in the introduction of the people also repeatedly mentioned as Jin Yong novels in the characters.

For these acts, February 27, the tour formally to the fun and "Three Swords Hao" issued a letter of attorney, asked to remove the infringement of the game content, and asked the channel to the Pirates of the game and retain the right to further prosecution of the wind. Since then, "Three swords Hao" public apology, and related to the pirated content of the corresponding changes, fun, said, and wind game cooperation is based on copyright as a prerequisite, before the two sides signed the copyright exemption clause.

For the exemption clause, Beijing Hua Yi law firm lawyer He Shuguang explained that Le tease signed exemption clause is ineffective. "Because the infringement is not through the agreement to exempt, with others to sign an agreement to say, ' There is no infringement on a third party because of your behavior, such an agreement is invalid, unless the party that signed the agreement has obtained the authorization of the works of Jin Yong, but he must read this authorization, if you do not see this authorization, your own violations can not be exempted by agreement. ”

Sumeng said that the introduction of the "Three Swords Hao" did not notice the issue of copyright disputes. "This is relative to the vague part. When I introduce products, I may have a preliminary understanding, but this is more difficult to regulate and difficult to identify whether it is infringement, so that we need to communicate, mediation to identify. ”

However, the above said that the Tour people do not agree with this statement, "The wind game after the development of the game, to amuse themselves with a large number of promotional materials to do, how the game of Jin Yong, how the lake." His selling point is precisely piracy, he can not be unaware of infringement. ”

Game infringement is more than

According to the definition of copyright in the law, it means that the author and other right people enjoy the personal rights and property rights of literature, art and science works, have certain originality, and it is the manifestation of thought and emotion, which belongs to the field of literature and art science.

For the game infringement, He Shuguang lawyer introduced, can be divided into three classes: first, if it is only the violation of a single role, a single role is not protected, because if you want to protect the scope is too large. The second is a situation in which a number of characters are used together, which indicates that they are already in a certain range, but this is relatively marginal. If it were dozens of characters and then created a different plot from the previous novel, there was controversy. The last situation is in these dozens of groups of characters interspersed with some of the original novels appear in the plot, such as surrounding the top of the light, which belongs to a very specific content, there are plots, there are characters, there are images, this is definitely a very definite point to Jin Yong's works. It is possible that the relevant parties make some changes in the formulation, but the change itself is a violation of the original works. ”

In fact, this kind of infringement cases in the game is not uncommon, generally including patent infringement, unfair competition, such as mutual plagiarism and tampering, as well as copyright infringement. For the game industry, how to attract user traffic, the first key is the IP. Some insiders pointed out that the current game circle tort is very serious. It is understood that the previous like "Dream Sea Thief King", "Dream of Fire Shadow" and so on by the original copyright party in Japan, the east map requirements.

However, the question is, why are so many gaming companies desperate to take risks under legal supervision? The industry said that, mainly because the hand tour industry life cycle is very short, may be six months or a year has passed the life cycle, some game small vendors is the faith cashing go mentality, gambling is to go through the legal process of the game has been destroyed, so it is to play this time difference, first to make money to say. As mentioned above, "Dream of the Sea Thief King" game has been outgoing month water breakthrough 30 million yuan news. But this kind of infringement behavior lets spend heavily buys the IP the big manufacturer to be in the awkward situation, the future safeguard looks like the road long its repair far XI.