January 17, 2008

General Administration of Press and Publication

1. The "Jin Hudong Corporation" Infringement

Since Year 2000, several persons including YANG Jianwei illegally reproduced movies whose copyright owned by others through the counterfeited authorization, in the name of "Beijing Jin Hudong Network Technology Corporation Ltd" and "Beijing Jin Hudong Technology Corporation Ltd" successively. The investigation verified that the above-mentioned corporations have illegally authorized over 1000 titles of motion pictures without the authorization from rights owners and illegal sales amounted to 100 million yuan with huge illegal profits, which cost extremely bad impact at home and abroad, so as to being suspect of reaching copyright infringement crime. Currently, the Economic Investigation Division of the Beijing Municipal Bureau of Public Security has finished investigation, and YANG Jianwei and other two suspects have been criminally detained according to the law. Now this case is in the process of further trial.

2. The "QI Huilai" Illegal Server

In January 17, 2007, Jilin Municipal Copyright Bureau received the report from "Shanghai SNDA Corporation" (SNDA) claiming that the network game "Legend 2" run by the SNDA has been imitated on illegal server and run online, which infringed copyright owned.

Jilin Municipal Copyright Bureau set up the Special Case Team rapidly and started investigation according to part of the clues provided by the SNDA. Through investigation, it was found the illegal server was located in the IDC machine room of Jilin Telecom Company. It was known from the Jilin Telecom Company that these servers were mandated (servers provided by "Meihekou Pengbo Network Technology Development Corporation Ltd", located in the Telecom Company and mandated Telecom Company to operate) and rent (servers owned by the Telecom Company were rent to "Meihekou Pengbo Network Technology Development Corporation Ltd" for use) by "Meihekou Pengbo Network Technology Corporation Ltd" and located in the Telecom Company. It was further found from "Pengbo Network Technology Corporation Ltd" that the servers were rent by a person named QI Huilai from Xushui County in Hebei Province. Through the preliminary investigation and after the discussion, the Special Case Team decided to transfer the case to the public security department.

The investigators of Network Supervision Division of Jilin Municipal Bureau of Public Security came to Xushui County of Hebei Province to seek the suspect QI Huilai and confiscated on spot 10 bank cards used for running illegal servers of network games.

Through the interrogation, QI Huilai confessed all the criminal facts. In January 2007, QI bought the SNDA version of game "Legend 2" from others. In June 2006, QI contacted "Meihekou Bopeng Network Technology Development Corporation Ltd", mandated and rent several servers though this company in Jilin City, and then started running illegal server of network game "Legend 2" making profits by selling virtual equipments of the game at the price of 50~100 yuan per set. Up to January 2007, QI has mandated 8 servers and rent 32 in Jilin Telecom Corporation, bought imitated SNDA version of "Legend 2" from the Internet 4 times successively, run 40 sectors of "Legend 2" and the amount of sales amounted to 500, 000 yuan.

This case has been heard by Chuanying District Court of Jilin, and settled in July 25, 2007 with the decision to impose QI Huilai 2-year imprisonment with a 2-year reprieve and impose fines up to 100,000yuan in the name of copyright infringement crime.

3. The "Jining Information Harbor" Infringement

During the Special Action against Internet infringement and piracy, when taking focus inspection to the portal websites with great local impact, Shizhong District Press and Publication Bureau in Jining, Shandong Province has found hundreds of local and foreign movies provided on the website "Jining Information Harbor" and subsidiary web pages for free downloading and even with local advertisements inserted in these movies. Shizhong District Press and Publication Bureau reported the above facts to the Jining Municipal Copyright Bureau immediately. In September 7, 2007, Jining Municipal Copyright Bureau and Shizhong District Press and Publication Bureau jointly inspected the website and found the facts that 11 movies such as My Own Swordsman and Kidnap communicated on this website were communicated with the cooperation with a network company, while the right of communication through information network obtained from right owners has already exceeded the authorization term, moreover, 45 other movies such as Love and Other Disasters were alleged to be uploaded by Internet users without the authorization from rights owners. Shizhong District Press and Publication Bureau considered the 56 movies such as My Own Swordsman communicated on this website either didn't get the authorization from rights owners or made use of the works exceeding the authorization term, therefore infringed the interests of rights owners. According to relevant regulations, in the name of illegally communicating movies, Jining Information Harbor website has been imposed such administrative penalties as stopping infringement and fines of 50,000 yuan.

4. The Website "Jiyate Movie" Infringement

In early August 2007, due to the report of "Beijing Wangshang Cultural Communication Corporation Ltd", Shouguang Municipal Press and Publication Administrative Office of Weifang City, Shandong Province investigated and dealt with the website "Ji Yate" in Shouguang upon communicating movies to the public without authorization. With the notarization of Shouguang Municipal Notarization Division, Shouguang Municipal Press and Publication Administrative Office used the movie card sold by the website "Ji Yate", logged on its website and conserved evidence of 10 movies without authorization such as The Drive of Life, The Green Grass of Home, A Step into the Past and The Family Link. Through half- a- month preliminary investigation and obtaining evidence, after verifying the facts and evidence, Shouguang Municipal Press and Publication Administrative Office contacted Network Supervision Team of Shouguang Municipal Bureau of Public Security to communicate the facts of the case and searched for the website "Jiyate". The investigation showed that the movie website "Jiyate" started business in October 2006 with the sole records on the ICP network. Since its running until the investigation, it has sold out 15 movie cards, and 1200 computers in 14 Internet bars have used the movies on this website. The 5 servers (purchased by the suspect) owned by the website which mandated in Qingdao and Weifang separately have all been detained. Shouguang Municipal Press and Publication Administrative Office imposed such administrative penalties as confiscating 5 servers and imposing fines of 30.000 yuan.

5. The Website

In August 2007, Jingmen Municipal Copyright Bureau, Hubei Province undertook the distance investigation and evidence obtaining to the website "www.99mc.com" after receiving the notice on the case investigation and preliminarily grasped the facts and evidence of the case. On the afternoon of August 21, with the cooperation of the Sub-team of Jingmen Municipal Bureau of Public Security and the Jingmen Municipal Bureau of Information Industry, the enforcement staff of the Copyright Bureau recorded and conserved evidence of 3 infringing servers in the home of suspect BAI Zhengfu's brother and then confiscated servers in the Copyright Bureau, meanwhile closed the website "www.99mc.com". The investigation showed that the suspect BAI Zhengfu, male, 34 years old, with education level of high school, engaged with computer technology work in Jingmen Computer City from 2000 to 2005, started the business of the website "www.99mc.com" in March 2006. The website owned 3 servers with 1200G capacity including 170,000 music works all individually downloaded from the Internet, among which 90% didn't obtain the authorization from rights owners and 10% were uploaded to the website by the recording companies for the purpose of advertisement. The website made profits through the method of getting payment from the network management companies such as China Mobile and China Unicom according to actual click-on amount from the payments paid by mobile users for downloading music works, and the profits made could reach 500 to 800 yuan per month. According to the relevant provisions provided in the Copyright Law of the P. R. China and the Regulations on the Protection of Right of Communication through Information Network, Jingmen Municipal Copyright Bureau imposed the administrative penalties as confiscating 3 infringing servers and imposing fines of 20,000 yuan.

6. The Website "Sihai Cinema"

After receiving the clues about the website "Sihai Cenima" infringing copyright from the NCAC, Hubei Provincial Copyright Bureau rapidly organized enforcement staff to go to Ezhou City, and formed the Special Case Team with Ezhou Municipal Copyright Bureau to jointly handle the case.

The Special Case Team came to the Ezhou branch of Hubei Provincial Telecom Company based on the clues after obtaining the evidence of the website distantly, located the physical position of the website server through technical measures, then conserved the evidence of the website server located in the Ezhou Telecom machine room and got the mandate protocol of the said server. Through the investigation, it was found that this website was set up in early 2007 by "Huanggang Dingfeng Network Technology Corporation Ltd", mainly provided the streaming and downloading of movies and TV programs, and made profits through bank remittance from subscribers. The website has recruited around 100 subscribers and the 711 movies provided couldn't verify the legal resources.

According to the relevant provisions of the Copyright Law of P. R. China and the Regulations on Protection of Right of Communication through Information Network, the activities taken by this website of communication through information network to the public movies and TV works has infringed copyright and meanwhile impaired public interests. In August 24, 2007, Ezhou Municipal Copyright Bureau imposed the administrative penalties on the website operator "Huanggang Dingfeng Network Technology Corporation Ltd" fines of 10,000 yuan.

7. The "Jianghan Broad Screen" and "Huihuang Network" Infringement

The 2007 Spring Festival just passed, Xiangtao Municipal Copyright Bureau placed the case of suspected of infringing copyright of movies by "Jianghan Broad Screen", "Huihuang Network" and "Jianghan Hotline" for investigation. The enforcement staff sent by the Provincial Copyright Bureau guided and dealt with the case on spot, and clamped down the websites "Jianghan Broad Screen" and "Huihuang Network" mandated by the telecom company which infringed and provided piracy movies, made profits by selling rechargeable cards and card recharging, confiscated 1 server ( the "Jianghan Broad Screen" and "Huihuang Network" used one data server although named by two different names), and transferred the website "Jianghan Broad Screen" and "Huihuang Network" 's leading operator WANG Hao (Xiantao City native, now fugitive) to the public security department for criminal responsibilities.

8. The Website "Shuxiang Mendi" Infringement

Shanghai Municipal Copyright Bureau received the report from rights owners claiming the website "Shuxiang Mendi" infringement. With the cooperation of Shanghai public security departments and Shanghai communication administrative departments, the Copyright Bureau verified the infringing facts of the website "Shuxiang Mendi" run by a Shanghai native surnamed CAI making available literary works to the public through information network without the authorization of the rights owners, and decided to impose such administrative penalties as ordering CAI to stop infringement and fines of 15,000 yuan. Now the website has been closed voluntarily by the litigant.

9. The Website "Lisheng Cinema" (www.Lssj.net) Infringing the Copyright of Movies and TV works

According to the report of the public, the website "Lisheng Cinema"(www.Lssj.net) communicated a number of movies and TV works such as Twin of Brothers, Jin Zhi Yu Nie, The Five Tailed Fox and Huan Ying Shen Zhen without any authorization. Changde Municipal Copyright Bureau started the investigation and evidence obtaining to the said website immediately and made inquiry and deposition of the website operator GUO Kunyong who admitted the infringement. Meanwhile, the Changde Municipal Copyright Bureau set the term to request the website to provide the legal authorization of the movie and TV works provided, but the website couldn't provide the legal resources. Finally, Changde Copyright Bureau imposed the website administrative penalties as stopping the infringement, confiscating 1 server, and fines of 10,000 yuan.

10. The Website "Zhongtian Online Cinema" Infringement

Jinzhong Municipal Copyright Bureau verified that the "Zhongtian Online Cinema" website operated by ZHAO Zengcai provided the downloading and streaming of movies and TV series without any authorization which violated the provisions of the Copyright Law of P. R. China and Regulations on Protection of Right of Communication through Information Network.

According to the Article 47 of the Copyright Law of P. R. China and the Article 18 of the Regulations on Protection of Right of Communication through Information Network, Jinzhong Municipal Copyright Bureau decided to impose the administrative penalties as closing the website "Zhongtian Online Cinema", confiscating its server and imposing ZHAO Zengcai fines of 10,000 yuan.

(China Development Gateway January 17, 2008)