Why MiHoYo Game Content Leaks May Not Constitute Criminal Copyright Infringement in China?

(By You Yunting) Recently, Chinese media reported that the video game developer miHoYo had filed a criminal complaint that someone cracked its game testing client and leaked unreleased character designs online. Following a criminal investigation, the police detained the suspects and determined to prosecute them for the crime of copyright infringement, as the unauthorised disclosure not only infringed miHoYo’s copyrights but also satisfied the statutory threshold for criminal prosecution due to the substantial volume of online views. From the perspective of protecting corporate rights and combating online infringement, the prompt intervention of the police is understandable. However, from the standpoint of the principle of modesty and the principle of legality, it is worth examining whether this case is appropriate for criminal prosecution. In the author’s view, such an act is better addressed through civil remedies rather than criminal proceedings.

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Legal Confusions and Difficulties of Industry and Commerce Department in Trade Secret Investigation

The power to administrative punishment on trade secret is enforced by State Administration of Industry and Commerce (SAIC) and local administrations, and in a recent essay (note: the link is in Chinese) by Shanghai Industry and Commerce Administration on the trade secret investigation and evidence collection, the difficulties and confusion faced by the organ are highlighted. The post today is the digest and our comments hereby made:

 (I) The technology information examination and reverse problem

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