1 October 2011CopyrightStephen Yang

National copyright administration releases leading copyright infringement cases

Jian Wang Action represents the seventh time that China’s National Copyright Administration (NCAC), Ministry of Public Security and Ministry of Industry and Information Technology have acted to crack down on Internet infringement and piracy. The NCAC released 15 leading cases of 2010 and 2011 on June 21.

"FOUR HUNDRED SERVERS WERE SEIZED AND OVER 100 MILLION YUAN (OVER $15.5 MILLION) WAS INVOLVED IN THE CASE. COMPULSORY MEASURES WERE TAKEN AGAINST DOZENS OF PEOPLE."

Six of these cases have resulted in court judgments, three have resulted in administrative punishments from the copyright administrative authorities and six are being reviewed by the Procuratorate or are in the process of prosecution.

Among the cases that have been decided, the IP infringement concerning the online game MapleStory by Shanghai Shanda Company was outlined in the July/August jurisdiction report. Some of the other cases are outlined below:

1. 9CAX website, online piracy, Jiangsu Province

It was found that in 2009 Wei Shengbao began to copy software and books, and provide paid-for download services to members of the website www.9cax.com. On February 4, 2011, Wei Shengbao was sentenced to three years and six months in prison and fined 80,000 yuan ($12,400) for the crime of copyright infringement. The tools he used for the infringement were also seized by the court.

2. Wansong website, infringement of written works, Xuzhou, Jiangsu Province

It was found that the Wansong website infringed the copyright of 5,483 written works belonging to the website Qidian. The Copyright Protection Center of China undertook a copyright identification of the works involved. On May 23, the Xuzhou court sentenced three defendants to three years and six months in prison and fined them 150,000 yuan ($23,000) each.

3. Qingtian Digital online game, the cheat engine, Kaifeng, Henan Province

Zhang Daxing and Ma Jinlong created a cheat engine and from 2007 earned tens of thousands yuan in illegal profits. On February 21, 2011, the People’s Court of Xutong County, Henan Province, came to a decision. For the crime of illegal operation, Zhang Daxing was sentenced to one year in prison and fined 80,000 yuan ($12,400), and Ma Jinlong was sentenced to 10 months prison and fined 10,000 yuan ($1,500).

4. Website ChinaAdsl, piracy, Huaian, Jiangsu Province

The website ChinaAdsl illegally uploaded more than 10,000 movies. The website’s operator purchased servers and gave them to telecoms operators to manage. The website operator also opened related websites all over China to increase profits.

Forty cities and areas were involved in this case. Four hundred servers were seized and over 100 million yuan (over $15.5 million) was involved in the case. Compulsory measures were taken against dozens of people. Currently, this case is being reviewed by the Procuratorate.

5. Website Uusee, copyight infringement, Beijing

From September 10, 2009 to December 8, 2010 Beijing-based UUSee.com Inc offered 190 movies and television productions through www.uusee.com and Uusee network software without authorisation from rights holders. The National Copyright Administration ordered the company to cease the infringement, issued a warning and imposed a fine of 80,000 yuan ($12,400).

6. Metedata, infringement of the right to disseminate information on the Internet, Hangzhou, Zhejiang Province

From 2008, Hangzhou-based Metedata Electronic Co, Ltd ran a paid-for download service. Foreign medical journals were available to download through www.metamed.cn without authorisation from rights holders. On January 14, 2011, the Copyright Administration of Zhejiang Province ordered the company to cease the infringement and imposed a fine of 100,000 yuan ($15,500).

Public participation has been crucial to the success of the Juan Wang Action. Among the 1,148 cases investigated, around 70 percent were reported by the public. The co-operation and joint action of the NCAC, Ministry of Public Security and Ministry of Industry and Information Technology has proven fruitful during the Jian Wang Action.

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