On April 26, to receive the 19th " day of world intellectual property " , sichuan province releases 2018 year copyright to protect typical case. Among them, lu city Chen Mou because without " essence of life takes off deficient definitely " subject matter film " earth a newborn baby -- Shi Laihe " below accredit circumstance, more than 200 unit views constituent Lu state, the set term of imprisonment that be sentenced 2 years, probation 3 years, punish golden RMB 150 thousand yuan, illegal earning property gives lawfully pursue and wipe out.
One, Lu city 6.08 encroach copyright case
On June 8, 2017, public security bureau of Lu state city is complained according to obligee, chen Mou of real crime suspect is in investigation nucleus without " essence of life takes off deficient definitely " subject matter film " earth a newborn baby -- Shi Laihe " the accredit of limited company of culture of movie and TV of source of Chun Di dream of limited company of medium of culture of avant-courier of investment square Henan, Beijing, the other that recruit is versed in with office of state of Central Committee of Communist Party of China appoint the office " the announcement that watchs the movie about organizing Party member cadre " name, straight office of city of diddle Lu state is versed in appoint, the branch such as city education bureau combines dispatch, in Lu city cadre of Party member of 3 areas organization watchs 4 counties the film " earth a newborn baby -- Shi Laihe " . Organization of more than 200 unit views Lu state, experience record amount more than yuan 100.
Chen Mou's behavior was disobeyed " copyright law " reach " criminal law " the 217th regulation. On December 10, 2018, court of people of in relief area of river of Lu state city makes criminal adjudicate: Chen Mou of the accused person makes violate copyright crime, sentence a set term of imprisonment 2 years, probation 3 years, punish golden RMB 150 thousand yuan, illegal earning property gives lawfully pursue and wipe out.
2, Chengdu " blow bewitching to move free " the net encroachs copyright case
In October 2016, market of culture of the Chengdu City executes the law integratedly total fleet is opposite lawfully " blow bewitching to move free " the website begins long-range survey produce the expected result to check solid, this website ICP puts on record date is " Sichuan ICP has 14016877 - 6 " , sponsor an unit to be Chengdu 52 days limited company of science and technology, zhu Mou of legal representative Sun Mou, CTO.
This website is open move free work website, cartoon work in all more than 20 thousand, wait for country and work of area of Hong Kong and Taiwan to give priority to with medium, beautiful, day, Han, Europe, move free work in great quantities without copyright person accredit, cannot offer proof of copyright person accredit, be suspected of disobeying " copyright law " reach " criminal law " concerned regulation.
On December 2, market of culture of the Chengdu City executes the law integratedly total fleet transfers this record public security scheme, the net installs public security bureau of the Chengdu City detachment is opposite with be suspected of violating copyright crime " blow bewitching to move free " official put on record investigates website operator. On May 12, 2017, public security mechanism adopts criminal to detain measure to Sun Mou, Zhu Mou. On June 16, sun Mou is approved to arrest by procuratorate of people of the Chengdu City, zhu Mou illegal clue is slight by lawfully await trial of be bailed out. On August 3, sun Mou is moved to send court of people of fierce Hou division to sue, zhu Mou does not grant to sue.
"Blow bewitching to move free " the action that website operator permits do sth without authorization to use its work without copyright person was disobeyed " criminal law " the 217th regulation. On September 25, 2018, limited company of 52 days of science and technology makes Chengdu of court decision of first instance of court of people of fierce Hou division violate copyright crime, sentence fine RMB 180 thousand yuan; Sun Mou makes violate copyright crime, sentence a set term of imprisonment 3 years 3 months, punish golden RMB 100 thousand yuan; To Chengdu the illegal earning of limited company of 52 days of science and technology continues 187414.5 yuan to give pursue and wipe out.
3, Chengdu " 11.18 " be suspected of encroaching copyright case
In November 2017, administration of copyright of the Chengdu City executes the law the branch is opposite jointly with door of the Ministry of Public Security village of temple of new developed area of Chengdu weather government office 3 groups 300 presswork the factory undertakes checking, discovery should presswork the factory cannot be offerred " presswork business certificate " , be suspected of tort presswork Yu Ce and 15 thousand relevant PS edition, hunt down on the spot " synchronism practices Chinese below 2 grade book (Tibetan article) " " Tian Xin drives school motor vehicle to drive person course takes an exam problem library " " experimental class carries actor to train (on · of 8 grade Chinese) " wait for presswork, add up to 26 breed, 15160. Among them, tibetan article presswork 11 breed, add up to 1538. Classics appraisal, 7 kinds of books that send check all are illegal publication, be suspected of disobeying " criminal law " the 217th regulation.
On November 23, 2018, court of double people drifting a division is opposite the Chengdu City lawfully personnel of 6 experience case enters a judgement with violating copyright crime:
Some makes Wu Mou of the accused person violate copyright crime, sentence a set term of imprisonment 4 years 6 months, punish golden RMB 400 thousand yuan; Some makes Zhang Mou of the accused person violate copyright crime, sentence a set term of imprisonment 3 years 6 months, punish golden RMB 200 thousand yuan; Some makes Jiang Mou of the accused person violate copyright crime, sentence a set term of imprisonment 3 years, punish golden RMB 50 thousand yuan; Some makes Gu Mou of the accused person violate copyright crime, sentence a set term of imprisonment 3 years, probation 4 years, punish golden RMB 50 thousand yuan; Some makes Liu Mou of the accused person violate copyright crime, sentence a set term of imprisonment one year, probation a year, punish golden RMB 1000 yuan 5; Li Mou of the accused person makes violate copyright crime, sentence a set term of imprisonment one year, probation a year, punish golden RMB 1000 yuan 5.
4, continous is in relief " Mai Mu cafes " violate film writing copyright case
On January 10, 2018, market of culture of in relief city of Sichuan province continous executes the law integratedly detachment is opposite lawfully be located in the city zone of Fu of continous in relief city to face garden road 68 rich face cosmopolitan 7 41 Mai Mu cafes undertake checking, discovery should manage a place to share 22 projection room, 1 stores the server computer room of film, dibble seeding film " armour of strange door escape " " the iron fist of be ashamed be ashamed " etc add up to 399 film cannot offer proof of copyright person accredit, doubt is like for tort film, be suspected of disobeying " copyright law " concerned regulation.
Execute the law personnel spot instructs wheat admire cafes to stop to violate management activity instantly, open " investigation asks advice note " ask its legal representative accepts further investigation to enquire. On January 16, market of culture of continous in relief city executes the law integratedly detachment is suspected of disobeying to wheat admire cafes " copyright law " official put on record investigates action. On January 12, 2018, 24 days, 31 days, fu Mou of this company legal representative and Zhang Mou of this place controller accept investigation to enquire respectively, admit to violate a fact. Via checking, this place runs the specified number illegally 124650.86 yuan.
Wheat admire cafes showed its work behavior to disobey without do sth without authorization of copyright person license " copyright law " regulation. On Feburary 5, 2018, basis of publication bureau of news of wide report of culture of continous in relief city " copyright law " the 48th the first, " copyright law carries out byelaw " thirtieth 6 regulation, make amerce RMB to party 130 thousand yuan administration punishment.
5, Liu Mou, Shao is such-and-such be suspected of violating network game copyright case
On April 25, 2018, public security bureau of classics the Chengdu City is new divisional bureau jointly with public security bureau of the Chengdu City the net installs market of culture of detachment, the Chengdu City to execute the law integratedly total fleet is checked solid, came in September 2017 during April 2018, some algebra when some gets Beijing to have a good swim through illegal channel piles up Shao of Liu Mou in collusion with the network game of technical limited company " day dragon 8 OL " source code, privately erect " dragon of giant star day " network game server, pass date of Zhang of platform of direct seeding of tooth of tiger of Guo Mou hire to take game to undertake propagandist popularizing to this illicit.
Such-and-such and responsible technology supports Shao, the network game that piles up technical limited company to the algebra when Beijing has a good swim " day dragon 8 OL " game source code undertakes modification, help Liu Mou rent game server, acquire economic interest in Liu somewhere thereby. Since operation of the line on this network game, the person such as Liu Mou gains profit in all more than yuan 90.
The person behavior such as Liu Mou is disobeyed " copyright law " reach " criminal law " regulation, be suspected of violating copyright crime. On June 22, 2018, new divisional bureau is opposite public security bureau of the Chengdu City personnel of 7 experience case adopts coercive measures, among them Liu Mou, Shao the 3 people such as such-and-such, Guo Mou are carried out to arrest, poplar such-and-such, Lei Mou, Zheng Mou the 3 people such as some are carried out to detain, await trial of Yang Mou be bailed out. Current, this case already by the Chengdu City new area procuratorate court of Xiang Xindou district mentions criminal lawsuit.
6, finite liability company encroachs science and technology of network of Sichuan rich article copyright case
In May 2018, shoot news of wide report of big county culture to give edition bureau to check via satisfying peaceful city solid, science and technology of network of Sichuan rich article is finite responsibility is permitted without obligee, publish obligee at " the library is built " the article of periodical, through " academic home " the website offers freedom to browse to the public reach download service. On June 18, shoot publication bureau of news of wide report of big county culture to be suspected of violating obligee copyright act to this company investigation of official put on record.
Via checking solid, science and technology of network of Sichuan rich article is finite liability company " academic home " website afore-mentioned behavior, disobeyed " authority of transmission of website sth resembling a net protects byelaw " the 2nd regulation, harm public interest at the same time. Shoot publication bureau of news of wide report of big county culture to instruct this company to suspend tort action, remove an effect, make amerce RMB 20 thousand yuan administration punishment.
Yue of Zou of red star journalist
Edit Chen Yi on the west
