Ten-year game of the network game industry dispute case

One months after being expelled from the company, Rai Jieting also found that the company had published its own photos and the number of Taiwanese compatriots in "computer business Intelligence" and issued a "solemn statement".　　The Rai Jieting, who has been so wanted, will play its old club game, the rice and Fruit Network Technology (Shanghai) Development Company (hereinafter referred to as the rice and Fruit Network company) and the company's legal counsel Shanghai Qin law firm and issued a "solemn statement" of the computer business newspaper to the court. Recently, Shanghai Pudong New Area People's Court in the case to make a first-instance judgment, the defendant Rice Network company, computer business newspaper should be in the judgment effective 10th in the "Computer quotient information" issued a statement to the plaintiff Rai Jieting apology, eliminate the impact; Rice Fruit Network company compensation Rai Jieting Spiritual Damage Comfort Gold 8000 yuan,　　The computer business newspaper compensated for 2000 yuan. The first "Employee kill order" Rai Jieting is a Taiwanese resident who has worked on game development for many years. April 2004, Rai Jieting into the rice Fruit Network company to work as a developer of the game development department.　　July 4, 2006, the company to undermine the unity of the company, the violation of labor discipline for the basis of the dismissal of Rai Jieting and the lifting of the labour contract. To Rai Jieting's surprise, one months later, Rice Network company in the "Computer Business intelligence" in a half version of a "solemn statement", which has Rai Jieting and the other 5 employees of the color photos and identity card number. Below the photo is written--for the maintenance of the company, all employees, partners, promotion staff and the rights of the game is stated as follows: 1. Miss Rai Jieting's non-compete period starts from July 5, 2006, until July 4, 2007; Our legal advisor,　　Shangjiangang, director of Shanghai Qin Law firm, has issued more than 50 "letters of attorney" to the industry on July 11, 2006, and kindly reminded colleagues in the industry not to hire Miss Rai Jieting in any form ...　　2, dismissed by the company's staff Miss Rai Jieting on July 17 16:00 illegal access to the company's development team office, theft of company property, and illegal use of the company's computer equipment, the company has been reported to the Public Security Bureau on August 2, 2006, the current case is being entertained ... The statement also said that the company will Rai Jieting Labor arbitration, the request to determine Rai Jieting in accordance with the "Employee service agreement" agreed to pay the total amount of 21 months pay penalty.　　In addition, Rai Jieting and other 6 people, according to the No. 217 of the Penal Code infringement of copyright Acts, 219 of infringement of corporate trade secrets provisions, to bring the State organs for criminal responsibility.　　Because of the sensitivity of the topic and the uniqueness of the practice, the incident was later defined by some media as China's first "employee kill order" and caused great repercussions in the gaming world.　　The "kill order" caused industry practitioners to oppose it is understood that the other 5 employees left on August 16, 2006, they and Rai Jieting have been rice Fruit Network company to develop the core members of online games, the reason for their departure is the company dismissed Rai Jieting dissatisfaction. Reporter learned that including the game site17173, NetEase games and so on the net swims the company did receive the Rice Fruit Network company to send "the lawyer official letter".　　On the second day of the "solemn statement" published by the company in the media, some game developers issued a joint statement in the name of "Game Circle grass Roots", in solidarity with the original Rai Jieting, who left the group from July to August. The statement said that the game rice, without the consent of the parties to disclose their photos and identification number, has violated our Constitution on human rights provisions.　　The statement said that there would never be any business dealings with the game rice and all the companies it invested in, never work for the game rice and all the companies it invested in to safeguard the human rights and dignity of the practitioners. And a survey conducted by game website 17173 shows that nearly 70% of net users think that rice and fruit network companies are aggressive, serious violations of human rights; only 11% of users think that the damage caused by employees to the enterprise is too great to force enterprises to do so; 19.6% of respondents felt that "it is not clear who is not,　　Should be handed over to the judicial authorities.　　In addition, 90.29% of the respondents said that the rice and fruit Network company in the statement to disclose the employee's name photos, identity cards and other personal data is "very inappropriate", only 9.71% of respondents think that the rice fruit Company to do so "may have his reasons." Soon, the second place in the "blacklist", rice network company has left the main planning Zhao Chuli on the network published the incident "insider", to the rice Fruit Network Company's "solemn statement" was refuted, said Rai Jieting has been the development of the true God of the game was recorded three times, is the whole company reward in the highest award,　　Then the company called "destructive unity, disrupting the normal work order" is very puzzling, he also mentioned the company's game development has been a gross interference. Subsequently, the client Rai Jieting also accepted the game site 17173 of the interview, narrated the entire event's ins and outs. She said she was also puzzled by the dismissal of the rice-fruit Internet company and did not receive severance payments.　　She also pointed out that the Rice network company's labor contract in the Non-compete 11, which is also rare in the gaming industry.　　Interestingly, Rice network company also did not show weakness, first to some game website issued the company internal staff's union letter, this letter has more than 40 rice Fruit Network company all over the country department staff to the company and the CEO Zhang Yong highly appraises as well as to Rai Jieting and so on 6 employees to leave the criticism.　　September 1, 2006, Rice Network company also issued a public statement to the major media, "clarify the other version of the incident, and call the professional managers of the conscience and social ethics." Rice Network company said the reason why the "solemn statement" was published in the media was that 3 of the 6 departing employees, such as Rai Jieting, provided a false address or refused to provide a real address, and therefore could not notify the 6 employees by mail of the rights and obligations of Non-compete and the payment of their non-compete compensation, Therefore, after consulting the legal counsel, the company was forced to make public by means of Media bulletinInform and kindly remind the parties and the industry associates of the relevant matters, and show that the company is willing to open, fair and equitable way to deal with the matter.　　The statement even said that if Rai Jieting or anyone can prove that Rai Jieting provided to the company's "Work application Form" address and provided to the Shanghai Municipal Public Security Bureau entry and exit administration of the "Temporary accommodation registration form" on the real existence, not its deliberate fake, the company is willing to unconditionally compensate Rai Jieting or anyone RMB 100,000 yuan.　　The statement also listed 6 Rai Jieting such as "Zuzhong and obstruction of official business", "illegal access and theft of public property", "collective absenteeism absenteeism", "delete documents and refuse handover" and other major violations. Who is the one who is not Rai Jieting claims that the Rice network company and the Deloitte law firm in the form of similar "warrants", published the so-called "solemn statement", wantonly vilified her personality, but also her photos and the number of Taiwan-made Taiwanese card all published, seriously damaging their right to reputation and human dignity, depriving her of the right to work and employment, And the various websites of this race reprint, has caused the extremely bad influence in the whole country.　　Therefore, the prosecution requested the two and the computer business newspaper with the same length issued a statement, the cancellation of the August 30 "solemn statement" to her apology, and asked the three defendants to pay the spirit of the mutual relief of 20,000 yuan. Rice Network Inc. argues that it issued a "solemn statement" in the "computer business intelligence" to protect his rights, have legitimate reasons, and in the "solemn declaration" of the matters listed are facts, there is no so-called "fabricated facts, Leno unfounded reasons", the company expelled Rai Jieting full of reasons,　　The company will Rai Jieting's photos and the number of Taiwan-made Taiwanese card no infringement of Rai Jieting any rights, this is the company in Rai Jieting caused the company huge losses "under the dilemma", can take to save the company survival of the only "effective measures", the company did not violate the Rai Jieting reputation right.　　Shanghai Qin law firm, as the perennial legal Counsel for Rice Fruit Network company, in the "solemn statement" in the signature is the company's legal counsel information on the normal disclosure, the firm did not implement the issue of "solemn statement" of the Act, should not assume legal responsibility.　　The computer business newspaper argues that it is based on a "solemn statement" issued under an advertising contract with the rice-fruit Network company, the content of the statement is true and is intended only to inform the public of facts and related matters and is not in itself a profit-making purpose, so it does not constitute an infringement of Rai Jieting's right of reputation and personal dignity and requests the court to dismiss Rai Jieting. Shanghai Pudong New Area People's court after hearing that, Rice network company in the "Computer Business Intelligence" published in the statement, it is inevitable that the public to produce the plaintiff Rai Jieting has implemented "theft, infringement of copyright, infringement of commercial secrets" and other violations of the impression of Rai Jieting's reputation has a great impact. Rice network companies can not be based on their own unilateral judgments, the dissemination of unconfirmed facts. Determine whether the Rai Jieting constitutes "theft, infringement of copyright, infringement of trade secrets" should be made by statutory organs through legal procedures. Now the "solemn statement"Serious misrepresentation, the Rice network company to this existence subjective fault, constituted to the plaintiff's right of reputation infringement, to the plaintiff caused a certain spirit damage, should bear tort civil liability." In addition, the Court held that the law firm, the Department of Rice and fruit Network company's legal advisers to the publication of "solemn statement" subjective no fault, do not assume legal responsibility.　　However, the court also pointed out that the firm, as a specialized legal unit, should advise and help the rice-fruit network to regulate its civil conduct, urge it to take remedial action or clarify the facts on its own, but the firm has not yet acted to criticize it.　　As for the computer Business Intelligence agency, the court found that when it is prepared, it should be expected that the publication of the "solemn statement" will infringe upon the reputation of the plaintiff, but the newspaper did not make serious examination and modification that it was published, it expanded the bad influence in the society, infringed the plaintiff's right of reputation, also should bear the civil liability of tort. To sum up, the court according to the Rai Jieting reputation damage degree, the defendant's fault degree, the tort way and the scope and so on made the above-mentioned judgment as appropriate.