Recently, court of people of Beijing Haidian division encircles limited company of culture science and technology with respect to Beijing great mind (next weighing that great mind encircles a company) tell tube-shaped part of Guangzhou Netease computer science department limited company (next weighing Guangzhou Netease company) , limited company of science and technology of Hangzhou Netease Lei Huo (below call Lei Huo the company, sentence make 3 the accused remove an effect and recoup pecuniary loss jointly 500 thousand yuan wait. Current, this case still is inside a:appellant period.
Company of great mind group appeals to say, novel " laugh slightly very bend city " (novels of next case weighing experience) create by Gu Man, company of great mind group obtains accredit to adapt its for homonymic network game. 3 the accused manufacture " ghost of Xin Qian daughter " end swims reach " handsome female ghost " the hand swims, description of the character name in using experience case novel in great quantities, clue, setting, the behavior of 3 the accused is suspected of making copyright tort and unfair competition.
Argue of 3 the accused says, company of great mind group obtained experience case novel to adapt the right that the hand swims only, did not acquire the right that adapts end to swim. " handsome female ghost " the hand swims be not a basis experience case novel is adapted, however basis " handsome female ghost " end swims adapt, content, clue and experience case novel differ completely etc.
The court thinks after classics cognizance, of Netease Hangzhou company and operation of development of thunder fire company " handsome female ghost " the hand swims in leading role of male and female and its are respective the content in the part figure that matchs weapon, pet and relevant clue and experience case novel makes materiality likeness, the game that encroached great mind to encircle a company to enjoy adapts network of authority, information to transmit power. Guangzhou Netease company manages network of this game officer, publicize promotion for this game, provided a help to the tort behavior of Netease Hangzhou company and thunder fire company. About unfair competition part, the court adjudicates 3 the accused did not make unfair competition conduct.
In recent years, accompany IP to adapt heat, the phenomenon that adapts play of work of movie and TV, network by network novel is commonner and commonner, the legal dispute of generation is increasing also appearance. As a result of involved commercial increase bigger, the author often is mixed to adapted form when undertaking adapting accredit limits has limit, if great mind encircled a company to obtain experience case novel to move only in this case,carry game reorganize advantageous position, it is OK still that this means an author accredit other adapts its work work of movie and TV or the change swims into the net the game that waits for other form. To this kind of case, when the court is examining the right foundation of accuser, must examine the accredit agreement that its and author sign strictly, do not enjoy the tort behavior of the right to its, do not answer to be undertaken advocating by its. In addition, network novel adapts play, although work form produced a change, but if the clue of the character set in game, story Promethean expression in using a novel, also form what reorganize advantageous position to obligee to encroach.
