It is reported on the website of the China Daily that the Gaoxin District People’s Court in Hefei City of Anhui Province heard the case of a local private server operator providing piratic online game Legend of Mir II(the “Mir II”), in which 25 defendants were prosecuted. If the defendants’ behaviors are affirmed to have constituted the crime of copyright infringement, and the prime culprit shall be sentenced for three to seven-years imprisonment once the crime were established. And it’s released by the attorney of Shanda Games Limited (the “Shanda Games”)(NASDAQ：GAME) that it’s preliminarily promised by the prosecuted to compensate Shanda Games RMB 300 million. Bridge IP Law Commentary estimates that it could be for the understanding of Shanda Games aiming at a lighter sentence, though the plea bargain is not legally regulated in China.
Mir II is one of the most popular online games in China, with its copyright owned by the South Korean company WeMade and the Actoz (KOSDAQ: 052790), and the game was operated by Shanda Interactive Entertainment Limited (the SNDA) (NASDAQ: SNDA), the parent company of the Shanda Games, from 2002 in mainland China. Due to the release of the server source program of the game software, there have established thousands of private server in China. The author of this article once participated in the combat against the private server when working in SNDA, while no compensation was got by SNDA at that time.
Bridge IP Law Commentary thinks this case indicating a trend in China that to combat intellectual property infringement is no longer unprofitable for the right owners can get compensation from the infringers.
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Author: Mr. You Yunting
Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
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Bridge IP Law Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. And all news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only and are our original works. You may contact us shall you have any opinions or suggestions.