xinhuanet chongqing on October 5 (reporter Zhu Wei) “didn’t include a biography of The Three Kingdoms wing is illegal… “Chongqing nanan distract a net cafe investors Wu Mou recently took the court judgment sighed, as well as similar 192 Internet cafes game software copyright infringement case is no. 5 intermediate people’s court in chongqing. Three court, chongqing 5 people court judge told, Internet cafe computer software copyright infringement cases of intellectual property rights dispute was 45.6%, and the Internet bar operators should enhance the copyright consciousness and legal consciousness.
are proved, on June 20, 2010, the plaintiff games paradise electronics technology (Beijing) co., LTD., Taiwan yu from China topped the dean of science and technology company has obtained the “fantasy” center “of the three wing” series of games in mainland China authorized software, term ends on June 19, 2014, after the national copyright administration for “computer software copyright registration certificate”. On August 20, 2010, the plaintiff agent with chongqing jiangbei notarization staff successively in nanan distract several Internet cafes, such as the Internet bar computer installation of the “three kingdoms wing pass 3” three kingdoms wing pass 4 series game and run the process such as notarized. Among them, including the Wu Mou investment to open an Internet cafe. On May 13, 2013, the plaintiff in a lawsuit, the chongqing many Internet cafe owners to court.
in the trial, the Internet bar owner Wu Mou argues that in the case of game software is a third party platform, this is the industry practice, Internet cafes not bear the liability for compensation.
after the court that the defendant without legal authorization, install involved in the Internet bar computer game software, and provide Internet users use, violated the plaintiffs to the legitimate rights and interests of the game software to enjoy. The defendant did not take in the game with a third party platform providers related contracts and payment vouchers, also did not provide evidence to prove that the third party platform game everyone’s qualification, the reason of reason to the defendant does not support. As the plaintiff did not take really, enough evidence to prove their losses or the benefit (received by the defendant for infringement, considering the work involved in the software development type and the plaintiff completion time, the fault degree, the nature of the infringement, and consequences, and immediately stop the infringement, the court ruled the Internet cafe to delete the game software involved, the plaintiff economic loss compensation and reasonable expenses for stopping the infringement of a total of 3500 yuan.
the case, the presiding judge said that chongqing has more than 3000 Internet cafes, Internet cafes computer software copyright infringement cases in a large proportion of its intellectual property rights cases. Such disputes in 2013 accounted for 45.6% of the intellectual property rights disputes of trial. Chongqing five courts will strengthen the computer software copyright infringement case, the demonstration effect of the play a decision, guide and promote Internet cafe operators legally, the good faith management. Internet bar association should pay attention to strengthen and industry and commerce, telecommunications and other departments and industry associations of collaboration, to develop various forms of propaganda and education, warning activities, raise awareness of the copyright of Internet cafe operators and legal consciousness.