reported on November 28 On the afternoon of November 27, the official Weibo of the "Huai'an Court" released the trial results of the "2.22" copyright infringement case in Huai'an. It is reported that the case was reported by the well-known writer Zheng Yuanjie. The court sentenced the defendants in the first instance in accordance with the law. Among them, 10 defendants were sentenced to fixed-term imprisonment ranging from 4 to 1 year and personal fines totaling 6.29 million yuan. Another defendant will choose a fixed date to pronounce the sentence.
In February 2019, Zheng Yuanjie entrusted Beijing Pipilu Zongzao Culture Technology Co., Ltd. to make a real-name report to the nationwide "anti-pornography and anti-illegal" office, involving 21 publishing houses and 75 books, totaling more than 1 million copies, involving nearly 100 million in Mayang (fixed price) Yuan's huge copyright infringement case caused a national sensation.
In October 2018, Beijing Pipilu Zongzao Culture Technology Co., Ltd., exclusively authorized by Zheng Yuanjie, found that Xinsheng Company and Hongrui Company sold Zheng Yuanjie's books at low prices on JD.com, Tmall, Pinduoduo and other websites. This abnormal phenomenon aroused the vigilance of Pipiru. After negotiating with the online shop to no avail, in December of the same year, Pipiru was witnessed by the Beijing Fangyuan Notary Office. The online shop purchased 11 sets of the Pipiru series of books, of which 10 sets were pirated after verification. Therefore, Zheng Yuanjie entrusted Pipilu to make a real-name report to the National Anti-Pornography Office. According to
investigations, since April 2017, in order to make more profits, Wang and others have used the above two companies as a cover to obtain permission to sell books, purchase and print pirated books. 11 people including Xinsheng Company, Hongrui Company, Wang Mou, Li Mou printed and sold more than 1 million copies of copyright infringement books, and 21 publishing houses were infringed, with a total volume of more than 90 million yuan, and the amount involved was more than 10 million yuan. After the incident, 11 people including Xinsheng Company, Hongrui Company, Wang Mou, Li Mou pleaded guilty and pleaded guilty, and Wang Mou, Li Mou, Wu Mou and others returned the stolen goods.
On December 28, 2019, the Huai’an City Procuratorate prosecuted 11 people including Xinsheng Company, Hongrui Company, and Wang for alleged copyright infringement. After
arrived at the case, Wang and others confessed to the crime. After printing the pirated books, Wang and others arranged for personnel to sell them through the network platform and then deliver them through logistics from the storage point. Form a "one-stop" process for plate making, printing, storage, transportation, sales, and production of anti-counterfeiting marks.
In order to avoid detection and confuse customers, Wang and others also bought a very small amount of genuine books from regular channels with ulterior motives, and hung them on online platforms to sell pirated and genuine copies.
In order to conceal people's eyes, genuine books are stored separately from pirated books in the warehouse in Huai'an. When Mr. Wang communicated with employees, he referred to genuine books and pirated books as "books from publishing houses", "books from Langfang", "new editions", "old editions" or "A edition books" and "B edition books" to prevent them from being discovered. . When the original version is issued, when the pirated version is issued, Wang will be notified in advance by telephone or online. After the customer places the order in the online store, the employee delivers the goods from the warehouse through logistics. The sales price is 4.5 to 50% off the price of the genuine book. Wang and others formed an infringement chain of "accepting orders in Beijing, printing in Hebei, and shipping in Huai'an".
In the first half of 2017, the TV series "In the Name of the People" set off a frenzy of ratings, and the sales of original novels also increased. Wang took the opportunity and pirated more than 2,000 copies of "The Name of the People" with Li, with a total of nearly 100,000 yuan, and soon sold out. Taste the sweetness of Wang, there is only one "principle" for choosing pirated objects: What kind of book is "hot" and what is pirated. In terms of quantity, Wang went to the publishing house to purchase goods first, and decided which books could be printed more according to the list provided by the staff. "Pirated books cannot be sold much more than the normal sales volume of the publishing house, otherwise they are easy to be found by the publishing house."
Wang provided the title or sample book, used "in-circle" resources to find someone to make a plate, and handed it over to a printing company for imposition and printing , The so-called plate making is to make the original book into an editable electronic manuscript. The plate making is charged per page, from 2,000 yuan to 3,000 yuan per book. The choice of printing and selling books is basically "what's the hot stamp", novels, picture books, teaching aids, children's books, etc. "will not refuse".The books of many well-known authors such as Zheng Yuanjie, Yu Hua and Lu Yao were pirated. The scope of
pirated books is very wide. As long as they do not comply with the formal purchase and printing procedures and infringe on intellectual property rights, they are considered pirated. The printing procedures for genuine books are very strict. Because there is no copyright printing standard, the printing level of pirated books is uneven, and the cost is very low. Often only two to three achievements in the price of genuine books can be printed, and then 40 to 50% of the price. On sale, a pirated book priced at about 30 yuan can get a gross profit of 3 to 6 yuan.
Weibo full text:
On the afternoon of November 27, the Huai’an Intermediate People’s Court of Jiangsu Province issued a public sentence on the “2.22” copyright infringement case reported by writer Zheng Yuanjie in Huai’an by his real name, and sentenced the defendant to the crime of copyright infringement. The unit Beijing Xinsheng Jianda Book Co., Ltd. and Beijing Hongrui Jianxing Culture Communication Co., Ltd. fined RMB 500,000 each; the defendants Wang Cheng and Li Huixiong were sentenced to four years in prison, three years and six months in prison, and the penalties were divided. Gold was 3 million yuan and 2.6 million yuan; Qi Wenjuan and other seven defendants were sentenced to a suspended sentence of not more than three years and a total fine of 630,000 yuan; for illegally manufacturing and selling illegally manufactured registered trademarks For the crime of marking, the defendant Wu Xueqing was sentenced to three years in prison, suspended for four years, and fined 60,000 yuan. One of the defendants failed to appear in court due to special reasons, and the court will choose a date to pronounce him.
The court found after trial: From April 2017 to February 2019, during the period of operating Xinsheng Company and Hongrui Company, the defendant Wang Cheng privately entrusted the defendant Li Huixiong to print infringement for profit without the permission of the copyright owner. Pirated books, and transport the above-mentioned books to their leased warehouses in Beijing and Huai’an through logistics for storage, and then sell them online. Through the above method, the defendant Wang Cheng entrusted the defendant Li Huixiong to privately print 59 kinds of infringing and pirated books, a total of 929314 copies.
From April 2017 to February 2019, the defendant Qi Wenjuan, as the head of finance, personnel, and customer service of Xinsheng Company and Hongrui Company, knew that the company was engaged in infringement and pirated book sales activities, and helped the company recruit personnel, book purchases, and expenses. During the period, the company purchased 929,314 copies of infringing and pirated books from the defendant Li Huixiong.
From May 2018 to February 2019, the defendant Wang Zhexing, as the person in charge of Xinsheng Company and Hongrui Company’s warehouses in Huaian, knew that the company was engaged in infringement and pirated book sales activities, and arranged for employees to store, sort, pack, and express the books. During the period, the warehouse purchased 795,415 copies of infringing and pirated books.
From July 2018 to October 2018, the defendant Wang Hongfu, as one of the responsible persons of Xinsheng Company and Hongrui Company’s warehouses in Huaian, knew that the company was engaged in infringement and pirated book sales activities and arranged for employees to store, classify and pack books , Express delivery, during which the warehouse purchased 334,532 copies of infringing and pirated books.
From April 2017 to February 2019, the defendant Zhang Fengmei as the head of imposition of Haitao Company, and the defendant Cai Liankai as the head of production of Haitao Company, knowing that the book printed by the defendant Li Huixiong had no copyright license and other entrusted printing procedures, and helped the defendant Li Huixiong made impositions, provided book samples, sample books, and issued production orders to arrange printing and production by workshop employees. During this period, a total of 929,314 copies of infringing and pirated books were produced.
From October 2017 to February 2019, the defendant Liu Aiying, as the actual operator of Rhode Company, knew that the color printing company he operated did not have the qualification to print books, and the books entrusted by the defendant Li Huixiong did not have copyright permission and other entrusted printing procedures, and still arranged The employees helped Li Huixiong to print the color parts of infringing and pirated books, during which a total of 917,767 infringing and pirated books were printed.
From October 2017 to February 2019, the defendant Yang Shukuan, as the person in charge of the examination and imposition of Rhode Company, under the acquiescence of the defendant Liu Aiying, did not conduct a review of the entrusted printing procedures such as copyright licensing of the books entrusted by the defendant Li Huixiong. The electronic manuscripts of the infringing and pirated books provided by the defendant Li Huixiong were impossed and then handed over to other staff to issue a production order for printing. During the printing periodA total of 917,767 infringing and pirated books.
In June 2018, the defendant Wu Xueqing, without authorization, assisted the defendant Li Huixiong to produce 1 million counterfeit Pipiru series book anti-counterfeiting labels based on the Pipilu series book anti-counterfeiting label samples provided by the defendant Li Huixiong, and charged a fee of 30,000 yuan.
On May 19 and June 3, 2019, the defendants Wang Hongfu and Liu Aiying took the initiative to surrender to the public security organs. 11 defendants including Wang Cheng were able to truthfully confess the crime. During the period, the defendants Wang Cheng, Li Huixiong, Liu Aiying, and Wu Xueqing also withdrew RMB 2 million, RMB 2 million, RMB 70,000 and RMB 30,000 respectively.
After the trial, the court held that: the defendants Xinsheng, Hongrui two companies, Wang Cheng and other ten defendants for the purpose of profit, without the permission of the copyright owner to copy and distribute their written works, belong to the "Criminal Law of the People's Republic of China" 200 The “circumstances are particularly serious” as stipulated in Article 17. The defendant Wang Cheng is the person in charge directly responsible for Xinsheng and Hongrui Company of the defendant, and the defendants Qi Wenjuan, Wang Zhexing, and Wang Hongfu are the directly responsible personnel of the defendant. The behaviors have violated the criminal law, and they are a joint intentional crime, which constitutes a crime of copyright infringement. The defendant Wu Xueqing forged and sold counterfeit registered trademarks and signs of others, which belonged to the "particularly serious circumstances" as stipulated in Article 215 of the Criminal Law of the People's Republic of China; should be investigated for the crime of illegally manufacturing and selling illegally made registered trademarks and signs responsibility.
The defendants Li Huixiong, Cai Liankai, and Zhang Fengmei committed a deliberate crime; the defendants Li Huixiong, Liu Aiying, and Yang Shukuan committed a deliberate crime. The defendants Wang Cheng and Li Huixiong played a major role in the joint crimes, and were the principal offenders. They should be punished in accordance with the law for all crimes in which they participated. Qi Wenjuan and other 7 defendants played a secondary role in the joint crime and were accomplices. Defendants Wang Hongfu and Liu Aiying voluntarily surrendered to the public security organs after committing the crime and were able to truthfully confess the crime facts. The defendants Xinsheng Company and Hongrui Company have reached a compensation agreement and obtained understanding with the victim Beijing Pipilu Zongjuan Culture Technology Co., Ltd. Based on the circumstances of the defendant’s unit and the defendant’s crime and their repentance, the above-mentioned judgment was made in accordance with the law.
(Editor in charge: Feng Xiaoyu_NBJS12019)
