Subsequently, Qiu set up a company to reskin the source code of the game. After officially resigning, he developed games through the company he actually controlled, and another chess and card game "Big Winner" was launched.

Source: Red Star News

While working at a game company, Qiu secretly obtained the source code of a chess and card game in the company. Subsequently, Qiu set up a company to reskin the source code of the game. After officially resigning, he developed games through the company he actually controlled, and another chess and card game "Big Winner" was launched. After about 4 months of operation, the recharge amount of the "Big Winner" game has reached more than 80 million yuan. After identification, the source code of the "Big Winner" game is 99% similar to the source code of the chess and card game owned by Qiu's old club.

On the afternoon of January 22, the Chengdu High-tech Zone Court sentenced the defendant Qiu to be guilty of copyright infringement, sentenced him to 5 years in prison, and fined him 4 million yuan.

↑The scene of the trial

The case

was reskinned and processed into a new game without permission, and the game was recharged with more than 80 million yuan in about 4 months

In early February 2017, Qiu worked as the general manager of a game company. During this period, he learned about the company's information through his position. SVN server account and password, and also privately obtained the source code of a chess and card game of the company.

Between May and June of the same year, Qiu used the identity of others to establish two technology companies, and he served as the actual controller of the two companies. Without the permission of the copyright owner, Qiu renamed the game "Big Winner" after reskinning, processing and other modifications.

In August 2017, Qiu officially resigned and used the two companies he controlled to provide technical support and online operations for "Big Winner" until the incident occurred at the end of November 2017. An on-site investigation by the public security agency showed that in about four months from August to the end of November 2017, "Big Winner" game players recharged a total of more than 82.24 million yuan.

After identification, the source code of "Big Winner" is 99% similar to that of the chess and card game operated by Qiu's previous company, which is substantial similarity.

On November 21, 2017, Qiu was arrested and brought to justice. His family paid 2.2 million yuan in compensation to the other party and gained understanding.

On January 22 this year, the case was heard publicly in the High-tech Zone Court. The public prosecution organ, the Chengdu High-tech Zone Procuratorate, accused the defendant Qiu of copying and distributing computer software without the permission of the copyright owner for profit-making purposes. The circumstances were particularly serious. His behavior violated the Criminal Law. The criminal facts were clear and the evidence was reliable and sufficient. He should He will be held criminally responsible for copyright infringement.

High-tech Zone Court held that the defendant Qiu, for profit-making purposes, without the permission of the copyright owner, based on the game source code he stole, copied the original data of the original program in the form of reskin, processing, etc. to create "Big Winner" "Chess and card games are launched and operated online, which infringes the copyright of the copyright owner. Moreover, the amount of illegal business operations is huge, which falls under the “other particularly serious circumstances” stipulated by the law. In the end, the court ruled that the defendant Qiu was guilty of copyright infringement and was sentenced to 5 years in prison and fined 4 million yuan.

Liang Ying, deputy chief judge of the Intellectual Property Tribunal of Chengdu High-tech Zone Court, told Red Star News that the case was a criminal case of infringement of computer software copyright and the amount involved was extremely huge. The court made a ruling based on the facts found through the trial and made a heavy blow in accordance with the law. Crack down on criminal acts that infringe on intellectual property rights.

" protects intellectual property rights and encourages innovation. Intellectual property rights are intellectual property rights protected by law. Any attempt to gain something for nothing or plagiarize other people's intellectual property achievements will be severely punished by the law." Deputy Director of the Procuratorate of Chengdu High-tech Zone, who handled the case the prosecutor general said.

Interpretation of the law

Illegal plagiarism and theft of other people's intellectual achievements not only require compensation for infringement, but may also constitute a crime

html On the day of the court hearing on January 22, a Red Star News reporter noticed that the prosecution and defense debated the characterization of the crime and the sentencing standards. As the game market becomes increasingly active, Liang Ying, deputy director of the Intellectual Property Tribunal of Chengdu High-tech Zone Court, believes that attention should be paid to illegal and criminal activities in this field, as well as how relevant companies protect intellectual property rights and how resigned employees ensure that their actions are not illegal. Infringement of the rights and interests of the former company, etc.

1. For the conviction and sentencing of the defendant in this case, will the amount of illegal business or the amount of personal illegal income be the final criterion?

Liang Ying: First of all, the difference between the crime of copyright infringement and civil copyright infringement is that the crime of copyright infringement requires the perpetrator to be subjectively "for profit" and the amount of the crime must reach a certain standard, while the crime of copyright infringement does not require the aforementioned conditions. Require. According to the law, if the amount of illegal income is more than 150,000 yuan, or the amount of illegal business is more than 250,000 yuan, it belongs to "other particularly serious circumstances" stipulated by the law, and shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be punished gold.

In this case, compared with the amount of the defendant’s personal illegal income, the confirmation of the amount of illegal business operations is more evidence-based. In just about 4 months, the game involved received more than 80 million recharges from players, and there was not much game development cost, which complied with the legal definition of "other particularly serious circumstances." Therefore, this case ultimately uses the player’s recharge amount, that is, the illegal business amount, as the sentencing standard in this case.

2. The defendant in this case opened a company to make illegal profits. Why is his criminal behavior classified as an individual crime rather than a unit crime?

Liang Ying: The purpose of the defendant in this case setting up the company was to launch online games and commit criminal acts. The company did not carry out other business, so this case should be regarded as the defendant's personal criminal act. If the crime is committed by a unit, the company it established may develop other game software or run businesses.

3. For companies, how to prevent employees from stealing the company’s intellectual property?

Liang Ying: Companies can sign " non-competition " and " confidentiality agreement " with employees to restrict employees from leaking company secrets during their tenure or after resignation, or using their mastery of company technology to engage in interests of the company. Potentially harmful activities. In addition, companies should properly protect their source code and original data for software development, and not allow all employees to have access to core technologies. They can constrain employee behavior by formulating relevant internal charters, company rules, etc.

4. How can resigned employees ensure that their actions do not infringe on the intellectual property rights of their former employer?

Liang Ying: The Copyright Law protects a variety of works, including computer software. The defendant in this case completely copied the original data and source code of the original company's game and slightly modified it. The similarity between the two reached 99%. This is not the defendant's work. If resigned employees create their own works without violating the company's confidentiality agreement, and can prove their original creative process and the originality of their works, then they will not infringe on relevant rights and interests, and their works can also be protected by corresponding laws. On the contrary, if you illegally plagiarize or steal other people's intellectual achievements, you will not only have to pay for infringement, but it may also constitute a crime. Everyone should have this legal understanding.