Basic Case

In August 2016, the defendant, Mr. Zhong, without the authorization of the obligee, downloaded the source code program of the online game server of XX A through a forum on the Internet. After testing and modification, it was uploaded to the online server in November 2016, The game login for connecting to the private server IP is placed on the private server game website with the domain name of www. ******** 1.com for players to download and use, attracting players to play games and recharge.

During the operation of the private server game "XX B", Zhong will maintain the technology of the game and promote the private server game on the Internet with the help of other game players. In March 2021, Zhong will update the private server game of XX B to the scholar version of XX A and continue to operate until it is seized by the public security organ. After identification, the server program of XX B game is substantially similar to the server program of XX A. As of the case, the defendant, Mr. Zhong, had charged game players a total of 278244 yuan.

This case is a copyright infringement case supervised by the Ministry of Public Security, the National Copyright Administration and other six ministries and commissions. The investigation was completed by a branch of a city, and the defendant Zhong was suspected of copyright infringement, and was transferred to the People's Procuratorate of a city and a district in Anhui Province for prosecution on May 18, 2022. After the acceptance, the undertaking prosecutor strengthened the research on charges and similar cases, and efficiently completed a series of work such as informing rights, listening to the opinions of obligees, and recovering losses according to law. On November 11, 2022, the people's court of a city or a district made a judgment, sentenced the defendant Zhong to three years' imprisonment, announced a three-year suspension of sentence, and fined 150000 yuan. The stolen money on record was recovered and the instruments of crime were confiscated. The defendant did not appeal, and the judgment has come into force.

（1） We will strictly crack down on crimes that infringe intellectual property rights in the network field. Cyberspace is not a place outside the law. This case is a criminal case of copyright infringement committed by copying game source code to produce and operate similar games. The successful handling of the case demonstrates the determination of the procuratorial organ to the judicial protection of intellectual property rights.

（2） Guide obligees to participate in criminal proceedings substantively according to law. Inform the obligee of the litigation rights and obligations in a timely manner, focus on guiding the obligee to participate in the litigation substantively, objectively review the copyright certificate, private server game IP address and recharge IP address provided by the obligee, encourage the obligee to fully express opinions on the professional issues involved in the case, put forward appeals, and provide judicial assistance for the obligee in protecting intellectual property rights, so as to improve the quality and efficiency of case handling.

（3） We will explore new ways for procuratorial organs to protect intellectual property rights. Stopping the continuous infringement and recovering the loss of the obligee is an important manifestation of the protection of intellectual property rights. The procuratorial organ proposed the amount of compensation for the loss on the basis of balancing the demands of all parties and was recognized by all parties. In order to reduce the litigation burden of the obligee, upon the application of the obligee and the defendant, the stolen money returned by the withheld defendant was paid to the obligee in advance at the stage of review and prosecution, which facilitated the reconciliation between the two parties, and the system of pleading guilty and accepting punishment and leniency was applied to the defendant in accordance with the law, realizing the integrated protection of intellectual property rights, criminal and civil.

Instructions to enterprises

Articles 67 and 217 of the Criminal Law of the People's Republic of China

Article 67 Voluntary surrender refers to a person who voluntarily surrenders after committing a crime and truthfully confesses his crime. Criminals who voluntarily surrender may be given a lighter or mitigated punishment. Among them, those who commit minor crimes may be exempted from punishment.

If a criminal suspect, defendant or criminal serving a sentence who has been subjected to compulsory measures truthfully confesses his other crimes that the judicial organ has not yet mastered, he shall be deemed to have surrendered himself. A criminal suspect who does not have the circumstances of voluntary surrender specified in the preceding two paragraphs but truthfully confesses his crime may be given a lighter punishment; If he truthfully confesses his crime and avoids particularly serious consequences, he may be given a mitigated punishment.

Article 217 Whoever, for the purpose of making profits, commits one of the following acts of infringing upon copyright or copyright related rights, and the amount of illegal gains is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years and shall also, or shall only, be fined; If the amount of illegal gains is huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined:

（1） Copying, distributing and disseminating to the public through the information network his written works, music, fine arts, audio-visual works, computer software and other works prescribed by laws and administrative regulations without the permission of the copyright owner;

（2） Publishing a book whose exclusive right of publication is enjoyed by others;

（3） Reproducing, distributing and disseminating to the public through information networks the sound recordings and video recordings he has produced without the permission of the producer of the sound recordings and video recordings;

（4） Reproduction and distribution of sound recordings and video recordings of his performances, or dissemination of his performances to the public through information networks, without the permission of the performers;

（5） Producing or selling a work of fine art with the signature of another person;

（6） Without the permission of the copyright owner or the copyright related obligee, deliberately avoiding or destroying the technical measures taken by the obligee to protect copyright or copyright related rights for his works, audio and video recordings, etc.

Articles 15 and 172 of the Criminal Procedure Law of the People's Republic of China

Article 15 If a criminal suspect or defendant voluntarily and truthfully confesses his crime, admits the facts of the alleged crime, and is willing to accept punishment, he may be given leniency according to law.

Article 172 If a People's Procuratorate considers that the facts of a criminal suspect's crime have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to initiate a prosecution, institute a public prosecution in a People's Court in accordance with the provisions on trial jurisdiction, and transfer the case file and evidence to the People's Court.

Article 13 of the Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights on the Criteria for Conviction and Punishment of Dissemination of Infringed Works through Information Networks

For the purpose of making profits, the dissemination of other people's written works, music, films, television, fine arts, photography, video works, audio and video recordings, computer software and other works through the information network without the permission of the copyright owner, if any of the following circumstances occurs, it belongs to "other serious circumstances" as stipulated in Article 217 of the Criminal Law:

（1） The amount of illegal business is more than 50000 yuan;

（2） The total number of works of others disseminated is more than 500;

（3） The actual number of hits of other people's works has reached more than 50000;

（4） Spreading the works of others through membership, with more than 1000 registered members;

（5） Although the amount or quantity does not meet the standards specified in Items (1) to (4), they respectively reach more than half of the two or more standards;

（6） Other serious circumstances.

If the amount or quantity of the act specified in the preceding paragraph reaches five times or more of the standards specified in items (1) to (5) of the preceding paragraph, it belongs to "other especially serious circumstances" as specified in Article 217 of the Criminal Law.