On November 8, a network technology company in Chengdu sent the banner printed with "Honest, Efficient, Responsible, Escort Enterprise Development" to the People's Procuratorate of Huashan District, Ma'anshan City, and Cai Yan, the prosecutor handling the case, took over the banner. "In the process of handling the case, the prosecutor communicated with us in great detail, fully listened to our opinions, protected the software copyright of our company, and provided a lot of help to recover the company's losses." The person in charge of the company said.

Since April 2016, without any authorization, Mr. Zhong has downloaded the source code program of the computer end online game server of "* * Waizhuan" through a forum on the Internet, illegally operated the online private server game "* * Wulin", attracted players to play games and recharge, and recruited Guo and other people online for promotion, making illegal profits.

"Private server" copyright infringement cases are crimes of infringing intellectual property rights. With the development of the online game industry, they show a high incidence trend, seriously affecting the normal order of the online game market. In the process of handling the case, the Procuratorate of Huashan District was able to perform its duties according to law, actively listened to the opinions of both parties, patiently listened to the demands of the victims, and successfully resolved the contradictions to promote reconciliation. The victim unit also expressed understanding for the defendant's behavior by urging the implementation of the settlement agreement through the legal interpretation and reasoning education of Zhong and others.

The case was prosecuted to the People's Court of Huashan District on the basis that Mr. Zhong was suspected of infringing copyright and Mr. Guo and others were suspected of helping information network criminal activities. At present, it is being further tried.

Legal knowledge

What is a private server for games?

"Private server", also known as "private server", refers to the act of setting up an online game server without the authorization of the online game software copyright owner or its authorized online game software operator, after obtaining the server program or source program of the online game software through illegal means, so as to seek benefits and infringe upon the interests of others. "Private servers" are essentially pirated online games.

What is the attraction and harm of private servers?

For private server operators, they can obtain huge profits only by investing cheap funds, but they have caused huge economic losses to game companies that enjoy copyright.

For game players, using private servers can improve their game experience at a lower cost, but it damages the fairness in the game world. At the same time, if "private servers" are banned according to law, all the players' investment in them will be wasted.

For teenagers, in order to enhance the stimulation of the game and grab more economic benefits, suspects often modify the game script and rules without restrictions, making it easier for players to indulge in it. The game platform even breeds illegal phenomena such as online gambling and online pornography due to the lack of effective supervision.

Affirming the act of erecting "private servers" What are the standards for measuring the crime of copyright infringement?

Whether it is for the purpose of making profits: Article 217 of the Criminal Law, the crime of infringing copyright, requires the perpetrator to "make profits for the purpose". In practice, the profit seeking situation of the actor can be confirmed through the game background data, account transaction details, etc.

Whether there is the act of copying and distributing and spreading to the public through information networks: In practice, professional institutions often identify and compare the source code of private servers and the infringed source code to determine whether they overlap in essence, and then determine whether there is infringement of others' copyright in the act of erecting private servers.