(client of great river of · of great river newspaper carries Cheng He of trainee of rich of reporter Zhang Cong) on May 8 morning, "Novel " samite not ended " series borroweds case " head case in Beijing court of sunny division people is adjudged, novel " samite not ended " behavior of Zhou Jing tort establishs author, the accused, sentence Zhou Jing of your the accused to stop pair of novels instantly " samite not ended " duplicate, issue reach a network to travel, recoup pecuniary loss of accuser Shen Wenwen the 120 thousand authority that reach dimension adds up to manage expenditure sixteen thousand five hundred, add up to one hundred and thirty-six thousand five hundred yuan.
"Samite not ended borroweds hold water " the topic causes heat quickly to discuss, many netizens think to compensate for the forehead to spend inferior, the comment " the cost that writer thought fors the time being is too high, borrowed illegal cost is too low " , "Earned so much, ability compensate ten, borrowed cost is really low " .
That day, article of accuser Shenyang article sends small gain to express: "When hearing of adjudicative result, I am very glad. Obtain compensate to more or less return secondarily, the most important is, the person that borrowed got legal sanction eventually. The person that borrowed got legal sanction eventually..
Counterpoise to adjudicate 6 years last a period of time is close from dimension
One adjudgement maintains week of static fiction definitely " samite not ended " in those who have 116 department statement and 2 place clue and Shen Wenwen start a novel oneself " 6 emperor bestow favor on body all previous not to decline " form identical or materiality is similar, involve a word to count nearly 30 thousand word, the duplicate power that already made pair of Shen Wenwen enjoy, enroach on that issues authority and transmission of website sth resembling a net to counterpoise. This case is " samite not ended " tort case head case, additionally still 11 cases await forensic follow-up to adjudge.
To adjudicating a result, article of accuser Shenyang article does not feel accident, "Because of me " 6 emperor bestow favor on body all previous not to decline " gross ability 390 thousand word, by Zhou Jing (pseudonym Qin Jian) duplicate statement has nearly 100 thousand word unexpectedly. And any treatment did not have almost when she borroweds, duplicate a lot of statements directly stickup, the word outside be being inscribed repeatedly is downfallen below, very simple gruffly was revealed borrowed the most original meaning " .
In this case, volunteer green cliff serves as bagman, the delegate was signed by tort author volunteer of formal representative agreement, organization assists a lawyer to prepare litigant material to reach arrange evidence.
Since 2013 volunteer group arranges evidence, search dimension authority method to begin, to official in January 2017 put on record, to now head case first instance is adjudged, last a period of time of this case around is close 6 years of time.
Participate in its to have nearly 100 16 60 12 authors, playwrite, lawyers, volunteers mediumly. The written evidence that volunteers submit with lawyers installed box of 3 big journeys fully, pile will have 1.5 meters tall.
"We are satisfactory to this result, although 130 thousand much compensation is carried to notting worth for tort accrual, but tort property got cognizance. " after first instance is adjudged, when Qing Ya accepts a great river to sign up for client of · great river to carry a reporter to interview, express, the hope passes this to have a case, make the relevant industry such as movie and TV automatic escape has great borrowed the work of suspicion, pass authority of legal measure dimension to offer for the author later consult and draw lessons from, avoid crooked road.
On May 8 midday, chinese film literature learned to release about support " samite not ended " the statement of relevant court decision of one case, say " hope more playwrite, writer, join protection to be achieved formerly, blow borroweds come in the team of piracy. Remind practitioner of each movie and TV at the same time, do not buy, use and transmission borroweds work, the drugs that borroweding is finish originality industry " .
Borrowed the standard is badly in need of making clear
Speak of the original intention that holds to 6 years, qing Ya says: "Protection is achieved formerly is original intention, using legal measure to solve a problem is original intention more. Come 6 years, we do not time, cost of energy, money, should get encourage and be respectinged to be achieved formerly only, borrowed should get boycott and be punishinged severely. Borrowed should get boycott and be punishinged severely..
She says frankly, it is very difficult to walk along legal approach dimension to counterpoise, it is more difficult to do not take legal approach. "Without legal court decision, cannot from go up at all shake the interest of the person that borrowed: Chicanery of the person that vermicelli made from bean starch can borrowed with was not being replaced for judicatory court decision; The website can borrowed with continueing to lean for judicatory court decision civil earn money; Movie and TV just can continue in order to do not have judicatory to be adapted swaggeringly for the court decision.
Qing Ya hopes to pass many case to promote copyright law ceaselessly perfect and progress, "If flinch blindly, rely on public opinion to boycott only borrowed, amend complement in time what will urge relevant legislation hard. Aid force to fall in judicatory only, public opinion borroweds instead ability goes more long-termly, the dimension authority cost that just can strive for prospective more author is reduced ceaselessly " .
Yu Fei also represents the write a play that shares this dimension power, "Small what after getting the better of, be badly in need of discussing still is to borrowed standard, double mark, borrowed touch porcelain, borrowed instead the problem such as broaden the scope. Pure rely on public opinion to be copied instead, both neither accepts industry appraisal not to accept judicial cognizance again, cause the disorder that borroweds instead extremely easily, the hope is caused take seriously " .
That day midday, client of great river of · of great river newspaper carries a reporter at this point case interviewed many network writer, although do not have little encounter the situation that is borroweded, but the kind that took furtive processing more in the past, dimension authority cost is high it is main reason, this case enhanced them the confidence that thought will for the time being henceforth. A network writer says: "Hope this law case can push author dimension advantageous position, write a book true not easy. Write a book true not easy..
At the same time they also expressed their bewilderment, hope this case conduces to to borroweding the standard is reached limit with what draw lessons from border, make a few problems clear change. (edit Yuan Min)
