Unauthorized installation of the game Chengdu 20 Internet cafes into defendants

Source: Internet
Author: User
Keywords Games unauthorized
Often in the Internet café little Yellow recently found, in his often go to the High-tech zone, near the scene of the rosy-time internet cafes, "The Three Kingdoms 3" this game in the computer desktop can not find the original, the Internet café because of unauthorized installation of this game, is going through a lawsuit.  Chengdu newspaper reporter learned yesterday, in order to combat Internet cafes infringement of intellectual property rights, enjoy the "Three Kingdoms 3" Copyright Game Heaven Company is nationwide to set off a campaign of protection of the storm, the extent of the current 20 internet cafes have been pushed to the dock. Investigation, Notarization, prosecution gaming company is a stand-alone game "Three Kingdoms 3" game software copyright owner. June 20, 2010, Yu-June, the company issued the "Delegation of authority", the computer game "Three Kingdoms 3" of the Information network transmission rights and reproduction rights and other copyright and related rights to the game Heaven exclusive authorized company. After obtaining authorization, the game Heaven company learned that the Chengdu City has a number of Internet cafes illegally downloaded and installed a single game "Three Kingdoms Biography 3", they commissioned the Chengdu British and Czech law firm to investigate and collect evidence of the case.  The lawyer Yiuko, who was in charge of the early evidence preservation of the case, gave a description of the game company's rights-defending process when interviewed by the Chengdu Business newspaper. First of all, the law firm accepts the game company's entrust to the Internet café infringement situation carries on the investigation, the investigation process carries on the evidence the preservation and the notarization, grasps to the actual situation, the lawyer will feedback the condition to the game company, the company confirms the situation, the lawyer again according to the Obligee's request to According to this mode of protection, game Heaven company commissioned a lawyer last year to investigate 30 internet cafes in Chengdu.  In the process of forensics, the most critical notary procedure is notarized and locked evidence by notaries at the scene of the Internet café. After the evidence is locked, considering that some Internet cafes have been closed or transferred and according to the actual situation of evidence, there are 20 internet cafes suspected of infringing copyright were pushed to the dock by Game Heaven Company.  Due to the infringement of copyright in such cases, the actual loss of the plaintiff and the defendant's illegal income can not be determined, the High-tech courts can only according to the specific circumstances of the infringement, comprehensive consideration of the type of work, the defendant's operating scale and impact scope, duration and other factors, as appropriate, determine the defendant compensation Regardless of the cost of defending each win an internet café loss of more than 1000 yuan, the day before yesterday, Chengdu Business newspaper reporter came to the entrepreneurial road of the rosy time Internet cafes, in the desktop game menu and e-Disk game menu are not found in the "Three Kingdoms Heroes biography 3."  The White Director responsible for the operation of the Internet café told reporters that the current Internet cafes 140 computers have deleted the "Three Kingdoms Heroes biography 3." Yiuko, a lawyer for the UK-Czech law firm, which is responsible for the early evidence of the case, said that the Paradise gaming company has embarked on a nationwide lawsuit against copyright-infringing Internet cafes, while their law firms are mainly responsible for the litigation of Internet cafes infringement in Chengdu. The verdict of the case, however, did not surprise the attorneys and the gaming companies, "as long as there is no problem with forensics,The fact is more clear, the court will probably win, but the amount of compensation is relatively low, from the current decision in Chengdu, concentrated in about 2000 yuan, only some of the compensation through conciliation agreement will be higher, but only four thousand or five thousand yuan.  Liu Yanlin, a lawyer in charge of the trial, told reporters. From the cost of rights to compare, Yiuko said: "The case of the notary fee is 600 yuan, the legal costs of 50 yuan, 2000 yuan about the legal fees, the total cost of about 2650 yuan." Although the win, but the court supported the game company's loss and rights to reasonable expenditure of only 1600 yuan, the company net loss of 1050 yuan, other Internet cafes are basically the case, every win an internet café, the game company loses more than 1000 yuan.  "From the result, the cost of defending the game company seems too high, in fact such a lawsuit is intended to combat Internet cafes infringement, maintain market order." Chengdu Business Newspaper reporter Huang Zheng
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