Practiced eight years "the lad work" by the website to "waste"

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One of the infringing works

Spent 8 years, investment 8 million yuan, Henan electronic Audio-visual publishing house "Chinese folk martial Arts classic series" CD-ROM, but by a name of "Wu-video" site to the unauthorized transmission, cut a membership fee can be downloaded from the Internet.

Henan Electronic Audio and video publishing house will be Shenzhen this site sued the court, the lawsuit played two years, but only won 170,000 yuan reparations.

Investment 8 million make genuine products

But was "WU video net" halfway plagiarism

The "protagonist" of the Tort case "Chinese folk wushu Classic routines", using English-Chinese bilingual subtitle commentary, mainly promote Chinese martial Arts.

According to Henan Electronic Audio and video publishing house President Golming introduced since the end of 2005, the product has been exported to France, Germany and more than 20 countries and regions. The production of this set of CDs, they spent 8 years, once invited the Shaolin Monk Regiment head Shanda, Chen's Taijiquan 19 generation direct descendants Chen, Yong Chun Boxing Foshan President Liang and other more than 10 martial artists to participate in recording. In more than 110 of the time, the total investment has been 7 million or 8 million. On average, sixty thousand or Seventy thousand bucks per CD.

While the CDs are selling overseas, Golming said he did not think that a domestic site called "WU Network" is infringing on the use of their 95 works, and to seek high profits. At that time, a total of 5 overseas agents approached them for overseas business, and if the price per disc 3~5 euros, the loss was at least 15 million euros.

The judgement issued by the senior People's Court of Guangdong province shows that the website of "WU Video Net" is a member system, and all videos are provided to members. Ordinary members are divided into 10 yuan 30 days, 100 yuan 365 days. September 2007, the Shenzhen Intermediate Court decided to constitute tort.

A dozen two years to get 170,000 reparations

Rage, Henan Electronic audio and video publishing house will start "Wu Visual network" Shenzhen Hunghen Technology Development Co., Ltd. sued to the Shenzhen Intermediate Court, a total of 30 works sued infringement.

September 2007, the Court in accordance with the costs of the production of the plaintiff and the defendant's website infringement, the decision of the Shenzhen company immediately stop infringement, delete infringing works, and joint compensation for the audio and video Society 17 works per 10,000 yuan of economic losses (for technical reasons, the other 13 can not play in court, the publishing house

Subsequently, the defendant pleaded not to appeal to the higher People's Court of Guangdong province, and this June, the court dismissed the appeal and upheld the original decision.

Golming said, a lawsuit, a dozen two years, we frequently commute between Guangzhou and Shenzhen, only travel costs are tens of thousands of yuan. It is now understood that the company has no money on the books, winning the lawsuit is not likely to get compensation. "The protection of intellectual property rights, this is the legitimate rights and interests of all authors and publishers, I feel so difficult!"

Reduce infringement only through legislation to increase the cost of infringement

Henan Tung Law firm lawyer Chengyong said that the United States, Singapore and other countries are relatively few violations, because they are punitive laws for infringement, and China, is compensatory.

"Punitive law requires the losing party to compensate both the direct loss and the indirect loss." Infringement period of my loss you have to pay, I in the litigation during the loss of business, even if the production has not started, but also to compensate for indirect losses. So once the infringement, it will be severely punished by the law, almost a disaster. And our country's law stipulates that tort only need to compensate for direct loss, that is, infringement time loss. In this way, many people even if the compensation, still have money to earn. ”

Chengyong said that, compared with other products, AV is more difficult to counter infringement. Although there are security signs, but basically useless. Unlike others, Microsoft can also protect intellectual property through a "black screen" approach.

Therefore, in order to change the current situation of piracy in China, only through legislation to increase the cost of infringement, so as to deter infringers, protect the legitimate rights and interests of enterprises or authors. ”