The first intensification of the ecological contradictions of the Hand tour: interest entanglement Staring

"Find Your Sister" only the eternal interests, no forever friends. This sentence is also applicable in the hand-travel industry. Last year's most successful hand tour "looking for your sister" behind, a Staring of the dispute is staged: one side is the game's distributor Hot Cool game, side is the development of the game Shangyun midstream. Two of the former partners because of "looking for your sister" the game IP (intellectual property) eventually turned. The early-born Cloud (funship) has a typical growth story in the game industry. The game development team, which initially had only two core members, relied on its own savings to launch five games from 2010 onwards, but all halberd. Until August 2012, the new "Looking for your sister" on the line began, the situation began to slowly changed. February 1, 2013, hot cool game and cloud midstream work together. Cloud midstream as "to find your sister," the developer authorized hot cool in mainland China's Android Market to carry out agency operations, excluding Hong Kong, Macao and Taiwan, while hot cool in the cloud without permission to release or agent similar, competitive products, the contract is valid for 3 years. As a distributor, hot cool for the promotion of "Find your Sister" planning some of the list, "Hurt Eyes elder brother", the film "to Youth" marketing case to help "find your Sister" for brand promotion, while the hot cool also use the traditional television media channels of communication, in the day up, not you belong to brand implantation, so hot cool think, today "looking for your Sister" A large part of the value of IP is the result of hot work. For a stand-alone product, marketing in the brand shaping and prolonging the life cycle will play an important role, reflected to the most intuitive data, is 11 months time, "Find your Sister" this game from the signing of the 15 million users to 135 million users, the average monthly growth of 12.25 million. On the one hand, the outstanding performance of the distribution business, on the other hand, it also shows that "looking for your Sister" as a stand-alone work does have its potential. It is also because of the latter, hot cool during this period of the cloud in the middle of the investment. Although the middle of the cloud has also publicly thanked the hot cool, but the Middle Cloud CEO Zhang Fan public Mail shows that both sides on March 8, 2013, that is, one months after the signing of the contract, in the product promotion strategy on the divergence. The crux of the problem is that Zhang Fan believes that a series of hot and cool moves to make the industry mistakenly believe that the product is launched by hot, Cloud midstream company has been misled into a hot cool subsidiary, has been a serious impact on the company's development. He points out that hot publicity is already a disrespect for the middle of the cloud. The above message also revealed that the hot cool once said the investment cloud midstream is in lieu of prepaid mode, essentially prepaid rather than investment incubation. Zhang fan that, instead of the rise of the company's valuation let hot cool make a fortune. Conflict escalation with the "looking for your Sister" received more attention, the contradictions between the two sides gradually intensified. In January 17, 2014, developers Cloud technology launched the "Find Your Sister" official continued to "Find your Sister 2", and published in the media on the game on January 20 in Baidu cool, hundredOn the platform of degree 91 and other reports. In the 4 days since 17th, hot cool and the middle of the cloud has been a number of fierce tapping battle. First hot cool in the domestic media issued a statement, accusing the company without hot cool game allowed, privately in the Androping platform to run "Find your Sister 2" behavior. Then pointed out that the cloud midstream serious violation of the "exclusive" operating terms, and on 20th officially invested in "Find your Sister 3" research and development experience studio. The cloud in the face of hot cool accusations also not to be outdone, first pointed out that hot cool to "exclusive" understanding of the concept of a swap, and then further said that hot cool no interference in the "Find Your Sister 2" distribution and creation, and accused the heat of the release of serious violations of the competition products. Both sides "You come to me" in the tapping war, in the process of mutual exposure "bad intentions" at the same time, but also constantly enlarge their side of the "Find Your Sister" this product contributed to the strength. Hot cool always believe that the whole process of "looking for your sister" the value of the IP upgrade is significant, hot cool also paid a lot of effort. The value of IP lies in providing an innate story background, a sense of generation, and a sustainable lifecycle for the game. With the new cost of game products soaring, a good IP can effectively reduce the upfront cost of products, but also can quickly bring commercial value. Cloud Midstream also saw this, along with the development of the industry, also gradually not satisfied with the CP "be split" identity, so they independently developed and released the "Find Your Sister 2." In this regard, the heat of the cloud in the middle of the action has violated the exclusive agreement, insisted that in the contract period, hot cool with "Find your Sister" brand exclusive operation rights. But in the middle of the cloud think, in the agreement did not sign a lifetime series of licensing related provisions, so hot cool no right to interfere with "Find your Sister 2" development and operation. According to the public in the cloud "mobile phone game" to find Your Sister "Android version of the hot Cool exclusive agreement," Find your sister, "the Intellectual property rights and trademarks are the middle of the cloud exclusive and proprietary. In addition, the cloud midstream called "Find Your Sister" and "Find Your Sister 2" for two completely different products. To this hot cool CEO Yong said, the cloud in the open "exclusive agreement" can explain hot cool exclusive agent and operation "Find your Sister" products. He said, "Looking for your Sister 2" and "Looking for your sister" than only in the pattern elements and story series of adjustments, the product level arrangement and the algorithm structure have not changed, already belongs to and before makes the height similar, thus "looks for your sister" the user will be using the same IP "find your Sister 2" ransacked, the hot cool benefit also therefore suffers. But Zhang Fan pointed out that the contract clearly defined the scope of exclusive authorization: Hot cool side has "Find Your Sister" a single section of Android authorized the use of mainland-related channels exclusive agent operation Rights. At the same time, he also pointed out that the hot cool defaults in the first, "Looking for your sister in the middle of the Cloud 2" after the issue of unsuccessful, online Shanzhai infringement application "Find your Sister 3". "To this Yong said, before hot cool and" Find your Sister 3 "development team does not have a relationship, the two just by the same angel investor investment, facing Zhang Fan questioned he said," Since the shameless, hot cool decided to invest in the team. " "Deadlock to cool and cloud the middle of the dispute, triggered a hand tour industry's extensiveAttention。 yunting, the Internet industry lawyer, believes that the court may be more supportive of the middle cloud, judging from the information currently disclosed. He cited, for example, the previous dance group series of products, legendary products have different publishers, but the premise is that two generations of products do not exist just to change the name of the package and the content of the basic consistent "change skin" behavior. Yunting said that if the hot cool from the product "Change the skin" problem, there may be some opportunities. An internet industry lawyer who declined to be named said that if the two sides agreed to specify that the products licensed in the middle of the cloud are brand products, the cloud-midstream behavior, although not a tort, has already constituted a breach of contract. The lawyer said that the emphasis of the cloud in the copyright and trademark rights belong to the "copyright law" category, as two products are developed by the middle of the cloud, whether trademarks or copyrights belong to the middle of the cloud. However, if the similarity between the two products is very high, according to the provisions of the contract law, the cloud midstream is difficult to get rid of the fact of default. The lawyer said that at present our country's law does not have the related content judgment standard in the game product, in this case the court will respect the objective fact more, from the present product situation, the Court does not consider this is two different product. Industry insiders pointed out that the entire hand tour industry is still in a development stage, in the entire industrial chain, whether the game developers or distributors, all need self-discipline to promote the development of the industry, do not rely on the behavior of the edge of the ball to profit. At the same time, he believes that with the development of the industry, IP competition will be intensified, I believe that there will be more distribution and the cooperation between the developers will have similar problems. Also as CP, "Monster X Alliance," the developer of Shanghai-inch technology vice president Chenxiaojiang that hot cool game and cloud between the middle of the dispute for the time not to say who is wrong, from this thing refracted the problem, is everyone to think: First, after the success of the brand, distributors and developers of the interests of how to allocate? A new product and an innovative product, who should we hang out with? The dispute between the two sides makes it impossible to recall the case of Chillingo, a prominent North American publisher, who is behind the chillingo of Angry Birds and cutting ropes. Later, two products are issued by themselves, the issuer must not face China embarrassing situation. And now the same is happening at home. Chenxiaojiang believe that this is a quality of the king of the Times, the user is not a fool, they will not tube products are released, there are innovative interesting, players will be very you, without any sincerity of the works, it is impossible to achieve sustained success. "We want the issuer and the CP to sit together calmly and talk about it, so it's hard to win at the end of the fight," he said.