Attention to the novel the first case of the national network of literary infringement verdict December 24 Fuzhou Xinhua (reporter Zheng Liang) Fujian Province, Putian City Intermediate People’s court recently on the first national network literature tort case made a final decision to maintain the district court verdict, the defendant Yao Guoxiang, Liu Kaishan to the crime of copyright infringement were sentenced to 1 years imprisonment for 6 months and fined 100 thousand yuan.

February 2007, the Putian Municipal Copyright Bureau received Shanghai xuanting entertainment Mdt InfoTech Ltd report, the company said the company’s original literature portal "starting point Chinese net" published exclusive copyright of literary works, has recently been located in Putian city of "Yunxiaoge" website without permission illegal reprint, and provide online reading from the illegal profit.

Putian Municipal Copyright Bureau survey found that in January 2004, "Yunxiaoge" website has published nearly 9000 literary works, some works published after a period of time, is automatically removed to the fashion online works 5334. The website has attracted many users to browse, once a Chinese site visits ranked second, before the incident is still Chinese literature website ranking seventh, visit amounted to 200 thousand independent IP. Yao Guoxiang Liu Kaishan, the "paid advertising Yunxiaoge" website opened to obtain economic benefits.

July 2007, Hanjiang District police arrested Yao Guoxiang and Liu Kaishan respectively in Putian and Ji’nan.

court found that "Yunxiaoge" website by Liu Kaishan and Yao Guoxiang jointly established in January 2004, mainly published the network literature online reading, Yao Guoxiang is in charge of maintenance and advertising revenue and expenditure management, responsible for the Internet information content publishing pioneer liu. The source of the work, mainly through specialized software website loading, from the starting point Chinese net "and" huanjianshumeng "literature website automatic search, batch capture. Without the permission of the copyright owner of the literary works, these works will be provided to the Internet users to browse online, and through the website link advertising profit from 70 thousand yuan.

according to the tort work identification report confirmed that the Yunxiaoge website works, there are 1345 violation of the right to publish the starting point Chinese net "proprietary, which" Yunxiaoge "website bulk collection, and the" starting point Chinese net name works basically consistent, and has been "the starting point of Chinese network" to provide copyright proof works 1339.

Yao Guoxiang Liu Kaishan, the court held that, for commercial purposes, without permission from the copyright owner, copy, and by way of profit, in the Internet circumstances are serious, their behavior had constituted the crime of copyright infringement, then the above verdict.

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