According to the official WeChat report of the Hangzhou Intermediate Court, Tencent sued Guangzhou Dianyun Technology Co., Ltd. for infringement of information network dissemination rights and unfair competition disputes and was sentenced by the Hangzhou Internet Court. This is also the first case in the country involving 5G cloud games infringing on the information network dissemination rights of works and illegal competition. Fair competition dispute case.
Today, the Hangzhou Internet Court of the first instance ruled that Guangzhou Dianyun Technology Co., Ltd. should stop infringement and immediately stop providing “League of Legends” on the “Dianyun Caiji” website and the “Caiji” cloud game platform (including windows, Android, and iOS). “, “Crossing the Line of Fire”, “Dungeons and Warriors”, “Reverse War”, “QQ Speed”, delete user data related to the above games, and compensate Tencent-based enterprises with 2.58 million yuan.
Shenzhen Tencent Computer System Co., Ltd. (hereinafter referred to as Tencent Computer Company) and Tencent Technology (Shenzhen) Co., Ltd. (hereinafter referred to as Tencent Technology Company) alleged that the two plaintiffs were involved in the five games “League of Legends”, “Cross Fire” and “Dungeon”. The legal operator and rights defender of “Warrior”, “Reverse War” and “QQ Speed”, leading the industry into the era of 5G cloud games, enjoying the copyright protection of the games involved and the legal and competitive rights of obtaining cloud game user traffic, data and revenue .
A Guangzhou Technology Co., Ltd. placed the game involved in the case on its cloud server without authorization for the public to use the “Caiji” cloud game platform on the web, mobile and PC to obtain the game involved, infringing on the information network enjoyed by the two plaintiffs on the game involved At the same time, it copies user traffic to its platform, uses the games involved in the case to conduct traffic promotion for the “caiji” cloud game platform, and provides cloud game queuing acceleration and overtime by selling “second advance card” and “overtime card” Paid services, the provision of free services of “on-number assistants”, restricting the second plaintiff’s behaviors such as game image quality, functions, and information links, squeezed the profit margin and business opportunities of the second plaintiff, and threatened the security of the second plaintiff’s user data. unfair competition.
The two plaintiffs in both cases petitioned: the defendant should stop providing users with the game works involved in the case and related value-added services (paying time, length of time, payment time, etc.) through its official website and the “Caiji” cloud game platform (including windows, Android, and iOS). High-quality, paid queuing) and related publicity, the defendant deleted the user data collected and stored in the game involved in the case, and claimed compensation for a total of 9.6 million yuan in economic losses including reasonable expenditures for rights protection against a total of five games involved in the two cases.
In the face of the lawsuit, the defendant stated that, first, the act involved in the case did not constitute an infringement of the information network dissemination rights of the work. He has obtained the authorization to use the “Net Maintenance Master” Internet cafe management software, only turning the physical computer into a “cloud computer” through technical means. To disseminate dynamic game screens for users. The screens are obtained from the players’ real-time manipulation of the game. The rights should belong to the players. The two plaintiffs have no right to file a lawsuit against the game involved.
Second, the name of the game involved in the case is only reasonably quoted on the operating “Caiji” cloud game platform, and the services of “overtime card”, “second advance card” and “on-number assistant” are provided to improve the experience time of cloud services. It is not only for the game involved, and game running data is not stored; it adapts the screen clarity of the game involved to ensure the smooth running of cloud games, and shields the behavior of opening the browser on the cloud host for security reasons to avoid users It is a common practice in the industry to download illegal software through a browser to invade and destroy the defendant’s cloud host. Third, the “Caiji” cloud game platform transformed users who could not experience PC-side games through mobile phones into real users of the second plaintiff, objectively increasing user traffic for the second plaintiff. Tencent Cloud Games is still in the testing stage and has not launched commercial operations. The Tencent platform has not suffered actual losses so far. The amount of compensation claimed by the two plaintiffs has no factual and legal basis.
The Hangzhou Internet Court concluded that the choice and arrangement of the relevant story background, scene setting, and plot setting of the five games involved is similar to the creation of a movie script, and a series of continuous dynamic pictures with or without accompanying sound are formed as the player operates. Similar to the filming and imaging process of a movie, the game can also be stored on a certain medium after the creation of the game is completed, and can be disseminated with the help of digital playback hardware equipment such as computers, and works created in a similar way to filming should be protected.
The player’s selection operation is the “process condition” that ultimately forms the game screen. It is not the player who created the visual game screen. Therefore, the court did not accept the defense that the rights of the works involved belong to the game player. Regarding the four cases of unfair competition claimed by the two plaintiffs, the court held that the first three did not constitute unfair competition, and the fourth one constituted unfair competition.
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