According to the judgment, the court ruled that gunfight of the whole people did infringe the six game maps of crossing the line of fire game with exclusive license, and sentenced seven companies, including Changyou cloud Technology Co., Ltd. (hereinafter referred to as Changyou cloud), Yingxiong mutual Entertainment Technology Co., Ltd. (hereinafter referred to as Yingxiong mutual entertainment), to jointly compensate Tencent computer system in Shenzhen The Company Limited (hereinafter referred to as Tencent) suffered an economic loss of more than 45.24 million yuan.
It is understood that gun battle of the whole people is a first person shooting game developed by Changyou cloud and distributed by heroes for mutual entertainment, which was officially launched in 2014; while crossing the line of fire is a first person shooting game developed by Smilegate of South Korea and represented by Tencent, which was officially released in 2007.
According to the report of China intellectual property information network, Tencent claimed in this case that the artistic images of multiple game maps, small maps and props and firearms in the national gun battle are the same or substantially similar to those in the operation structure, layout setting, color matching, modeling design, etc. in the crossing the line of fire; the names are the same or highly similar, and the play design it carries is the same, Suspected of infringing the copyright of cross the line of fire game, seven companies that developed and operated gun battle of the whole people appealed to the court to stop the infringement and apologize.
Tianjin hero mutual Entertainment Technology Co., Ltd., Beijing preeminent Morningstar Technology Co., Ltd., Tianjin preeminent Morningstar Technology Co., Ltd., 4399 Network Co., Ltd. and Shenzhen Qile infinite Software Development Co., Ltd. have provided services such as promotion, download and collection for the game, so they have also become the defendants in this case.
The court finally found that the overall composition, internal combination structure and layout of the game scene map are not only the basic expression of the game map, but also the core expression. The game scene map of crossing the line of fire is original and should be classified as graphic works. The six game maps of the involved gun battle of the whole people and the six game scene maps (big maps) of the game map of the alleged infringement game have the same or substantive composition as the game scene map of crossing the line of fire in terms of the basic expression of the overall composition, internal combination structure and layout arrangement, and infringe Tencents copy right and information network transmission right Be responsible for the infringement.
In fact, the disputes of game manufacturers over copyright have never stopped. This is not the first case of game map infringement in China.
In addition to the infringement cases in the game, the game communication infringement has also become the focus of the rights protection of the manufacturers.
In December last year, the second instance of Guangdong Higher Peoples Court issued a public judgment on the infringement case of live broadcast of dream westward Tour online games, and the second instance upheld the original judgment. Guangdong High Court holds that the continuous dynamic picture of dream westward Tour online game as a whole constitutes works created by the method similar to film making, which should be protected by copyright law, while the behavior of huaduo company organizing the live broadcast of the game by the host and announcer constitutes copyright infringement, and is sentenced to compensation of RMB 20 million for Netease.
In June, Chongqing and Guangzhou courts also ruled that bybeat stopped disseminating Tencents two popular copyright games, hero League and King glory, through its todays headlines app.
Finally, Tencent and the live touch platform have reached a licensing cooperation in the field of game derived content, which has become a solution to such problems.
Source: editor in charge of interface news: Wang Fengzhi ufe63 nt2541