More than 10 8 lawyers, assistant, pile exceeds 2 meters borrowed evidence... last a period of time two years " samite not ended " borrowed case wait for the day that will adjudge eventually. On May 8, writer Shen Wenwen appeals to a novel " samite not ended " Zhou Jing of origianl work author and should become issue of copyright of net enroach on head case, adjudge in court of people of division of Beijing rising sun, static tort of the accused week holds water, the sun that adjudicates become effective rises 10 days in pecuniary loss of compensatory accuser Shen Wenwen reachs dimension authority pay 120 thousand yuan sixteen thousand five hundred yuan, add up to one hundred and thirty-six thousand five hundred yuan. Face instantly, head of the case win the lawsuit, counterpoising in dimension for those undoubtedly the copyright that the hardship on the road advances people, infuse stitch cardiac. Face future, the road that thought fors the time being still block and long.
Head case win the lawsuit last a period of time two years
On May 8, novel " samite not ended " borrowed case adjudge publicly in first instance of court of people of division of Beijing rising sun. Article of accuser Shenyang article appeals to say, its with " chase after a month to chase a flower " wrote a novel for pseudonym " 6 emperor bestow favor on body all previous not to decline " , its enjoy the copyright of this work, this work was published by 100 beautiful literary presses on July 1, 2009. Zhou Jing discovers after with " Qin Jian " wrote a novel for pseudonym " daughter of be the concubine is poisonous " , more the name is " samite not ended " , zhou Jing is in " samite not ended " borroweded without the license in one book Shen Wenwen creates " 6 emperor bestow favor on body all previous not to decline " 580 medium statements and 2 place clue. Although the character that these borroweding is dispersive at " samite not ended " the different paragraph of one book, but no matter in the statement expression, character is modelled, the respect such as core of clue structure, story is consistent.
Final, first instance of court of people of division of Beijing rising sun is maintained " samite not ended " in 116 place clue of statement, 2 place and " 6 emperor bestow favor on body all previous not to decline " one book makes materiality likeness, enroach on the copyright that Shen Wenwen enjoys lawfully, reason adjudicates Zhou Jing stops pair of novels " samite not ended " duplicate, issue reach a network to travel; Beijing should stop pair of novels instantly when limited company of business affairs of division article electron " samite not ended " sale; 120 thousand yuan of Ji Weiquan combines pecuniary loss of Wen Wen of Shenyang of accuser of week static compensation sleave raises sixteen thousand five hundred yuan; Reject the other suit of article of accuser Shenyang article to request.
Public data shows, novel " samite not ended " renown " daughter of be the concubine is poisonous " , you Zhoujing is written, publish external in succession since June 2012, this work ever became the hot language at that time for a time after publish, draw the look of many readers, but the sound that is suspected of borroweding by doubt never also stops. 2016, by " samite not ended " adapted homonymic teleplay broadcasts formally, make the doubt that borrowed grows in intensity, data shows, this book is suspected of borroweding more than 200 novel, only in the content of all 294 chapters 9 chapters did not borrowed.
On April 24, 2017, court of people of division of Beijing rising sun is opposite above all " 6 emperor bestow favor on body all previous not to decline " one case undertakes cognizance. Kingdom China represents chief of division of keep under control of writer dimension power, this case is " samite not ended " tort case head case, additionally still 11 cases await forensic follow-up to adjudge.
One hundred and thirty-six thousand five hundred yuan sentenced compensate to who restrict
Head case the message that win the lawsuit, bring numerously the reader that pays close attention to this case and netizen applaud one piece. However, compensatory pecuniary loss adds dimension authority to add up to manage expenditure, add up to only one hundred and thirty-six thousand five hundred yuan number, also bring controversy one time, many people think, the indemnity of this case is inferior, cannot have bigger chasten effect.
Kingdom China says to this explanation, the indemnity that the court adjudicates and borrowed scale is concerned. Maintain lawfully according to court of people of Beijing rising sun, " samite not ended " in the duplicate right that nearly 30 thousand word forms pair of Shen Wenwen to enjoy, enroach on that issues authority and transmission of website sth resembling a net to counterpoise, this and case involve a word to count nearly 3 million photograph to compare, system capacity is relatively lesser.
"Because the accused borroweds,the scale that content takes right book is 6%-7% about, meet those who affect indemnity to decide accordingly. But future still will have 11 cases to be adjudged in succession, the accused adds up to the amount that needs compensation won't be 100 thousand yuan or more than yuan 20 so simple " , kingdom China expresses.
To the one hundred and thirty-six thousand five hundred yuan amount that sentence compensate, a lot of practitioner feel disturbed and indignantdisturbed and indignant, net article author blame the gentleman expresses, "The accused passes a novel " samite not ended " the income that realizes a character to go up not only, still sold adapt copyright, adapt the novel wait for other type work for teleplay, caricature. Although above accredit amount was not made public, but grow day and day in view of the amount that in recent years the novel reorganizes advantageous position, the copyright income that the accused gains also won't be a fraction. One hundred and thirty-six thousand five hundred yuan of bigger profit that get with novel of the accused have the aid of undertake contrast, not worth to be carried " .
In playwrite Yu Fei looks, at present of home borrowed cost is inferior, if want to pass the person that compensate for pair of tort to have cautionary effect truly, the person that should be indemnity set tort borroweds have the aid of earned profit is spat entirely come, make its cannot gain one cent income through borroweding. If lose a lawsuit after pay indemnity, the person that still can let tort instead stays have profit, also meet abet the other side continues to choose to borrowed.
Occupy kingdom China to divulge, this to make a case more successful, obligee undertakes in the light of novel respect thought fors the time being only, whether can sequel still is aimed at further other adapt work to initiate dimension advantageous position, need treats the apiration of obligee and actual condition again.
Method pattern is various difficult limit
The case that shows market of level network literature to borrowed often appears, not only method pattern is various, return borrowed limit bring not little difficulty.
Introduced from the northern and western nationalities or from abroad lady of network literature writer expresses, the simplest inside course of study borrowed the method is to choose a work, will main plot, character concerns all unvarnished and duplicate, the name of reset work character, amend partial paragraph or statement simply, direct paragraphs big those who take also have, have a name that draws eyeball finally afresh to work again, calculate finish. But this kind borroweds the method is simple, check can check, also appear stage by stage so more complex borrowed method.
The person that at present the part borroweds is not a choice a book, mix the content of 34 books together however, left copy a bit, right copy a bit, be together content mix again finally.
And " samite not ended " it is to borrowed an extreme case in the case, according to case bagman Qing Ya discloses, " samite not ended " copying a law is borrowed in masterstroke delay beautiful novel " long song the world " below the circumstance, the complete and successive clue in a large number of duplicate and other novels, "Copied book is much, every book is copied word number is occupied " samite not ended " the scale dilute that total word counts arrives certain level, the retort with challenging questions when single author wants to sue borroweds with be being decided to be " .
This borroweds means also brings not small workload to plaintiff attorney group. "Whether be to search and be judged borrowed, 8, 9 lawyers, with more than 10 assistant, participate in jointly plus numerous volunteer, the time that consumed close half an year just is finished obtain evidence link. This is experienced from course of study in me in, belong to body to measure a bigger case " , kingdom China says so, "If rise the data pile of this series case, height can achieve two meters many " .
Look in Yu Fei, be not all borroweding to all can let a person bright eye sees can differentiate, but show level home to decide to what borrowed, the respect such as scale still does not have relatively specific reference or detailed rules, accordingly once face expensive measure borrowed, how to limit become difficult problem.
Win prospective path block and long
Already experienced the network literature that 20 one's remaining years develop nowadays, be in early not only market dimensions already rose to 2017 about 13 billion yuan, commercial pattern also sends maturity more, still have more than kinds of 1600 14 million 380 million readers, authors, work at the same time.
Last in integral market dimensions below the background that enlarge holds, relevant practitioner also look for arrives larger development space. Read collected works group, palm to read the company such as science and technology to already landed harbor to hand in place and A respectively, achieve market of butt joint capital; BAT inside the player also deepens layout in network literature domain, include Aliwen to learn to ever was thrown 1 million hold call for paper contest " astral gem cup " , love is strange art literature is bound calm south send the well-known writer such as fruit of fruit of 3 father's younger brother, Fresh, Shui Qiancheng, all buy a power for market development; In addition, the career progress of network literature writer also receives a new chance to extricateoneself from an awkward position, the Tang Dynasty the writer such as potato of 7 childe, giant silkworm is outside write creation, all establish independent company in succession, be on the road of operation work.
However, in the backside of scene, network literature market is faced with development inevitably to challenge. Seek advice from the data that releases before this to show according to Ai Rui, dimensions of loss of edition of pilfer of whole of Chinese network literature was 5.83 billion yuan 2018, and 58.3% what the pilfer edition loss of network literature took scope of market of the corresponding period, of outclass number music 5.9% 14.3% with network video.
Flush pilfer edition can restrict the benign development of network literature undoubtedly, how can purify the market to become the issue that instantly must take seriously further, but should eradicate completely, not be short-term can reach.
Yu Fei thinks, keep within limits appears again and again borrowed, pilfer edition, need various joint efforts, also should increase at the same time to borroweding tort person chasten strength, if exist with one's eyes open or blame first the evil doing of tort, can make this writer or platform is in 5 years in must not enter the market to wait. In addition still practitioner thinks, origianl work author should be brave in to stand when facing tort action thought fors the time being, industry and governmental level should carry respective channel and kind protection of farther aggrandizement copyright, normative market.
