On January 5, the Supreme People's Procuratorate released typical cases of punishing crimes of copyright infringement according to law. Among them, there is a case of using crawler software to collect movies and TV series from major video websites to make illegal profits.
In recent years, criminal cases of online copyright infringement of audio-visual works have continued to occur.
From August 2021 to April 2022, in order to obtain illegal benefits, Ke Moumou used the "Train Collector" crawler software to collect 5 videos from video websites such as Youku, Tencent, and iQiyi without the authorization of the copyright owner. The web version playback address data of more than 10,000 movies, TV series and other audio-visual works are stored on rented servers. Ke Moumou used technical analysis to reprint the audio-visual works stored on the server to his personal operation and management website and the "XX Cinema" app, providing them to netizens for free viewing. At the same time, Ke Moumou undertook the advertising business, placing open-screen advertisements when netizens watched the free audio-visual works stored on the "XX Cinema" app, and collected advertising fees based on the amount of ad impressions, making illegal profits totaling more than RMB 350,000.
On May 10, 2022, after the rights holder Youku Information Technology (Beijing) Co., Ltd. reported the case, the Public Security Bureau of Sanming City, Fujian Province opened a case for investigation on suspicion of copyright infringement. On the 17th of the same month, the Sanming City Public Security Bureau transferred the case to the Mingxi County Public Security Bureau for investigation. On the 31st of the same month, the Mingxi County Public Security Bureau criminally detained Ke Moumou; on June 1 of the same year, he was released on bail pending trial. At the invitation of the Mingxi County Public Security Bureau, the Mingxi County People's Procuratorate sent personnel to review the evidence materials in accordance with the mechanism for hearing opinions on major and difficult cases. It was recommended that chat records be promptly extracted from the seized computers, hard drives, and mobile phones, and the background of illegally collected audio-visual works was collected. and server data details and other evidence to determine the number of infringing works; further identify the copyright ownership of the infringing works.
According to reports, on February 15, 2023, the Mingxi County Public Security Bureau transferred Ke Moumou to the Mingxi County Procuratorate for review and prosecution on suspicion of copyright infringement. The procuratorial organs focus on several tasks: First, accurately determine the number of infringing works and the amount of illegal income. After summarizing the electronic data of infringing audio-visual works stored in the server rented by Ke Moumou, eliminating duplicates, and combining the appraisal opinions, it was determined that the number of infringing audio-visual works was over 50,000. The transaction records of the online payment account used by Ke Moumou were checked one by one for the fund details, and it was determined that the advertising fees collected by him totaled more than 350,000 yuan as illegal gains. The second is to protect the legitimate rights and interests of intellectual property rights holders in accordance with the law. Send a notice of litigation rights and obligations of the right holder in criminal cases of intellectual property infringement to the infringed company, and fully listen to its opinions and suggestions. Strengthen the interpretation of the law and facilitate Ke Moumou to plead guilty and repent, return all illegal gains, and reach a compensation and settlement agreement with the infringed company, fully protecting the legitimate rights and interests of intellectual property rights holders. The third is to conduct a review of the necessity of detention. On March 14 of the same year, the procuratorate decided to arrest Ke Moumou. Later, Ke's close relatives applied to change the compulsory measures against him, and the procuratorate conducted a detention necessity review based on the application. After convening a public hearing and listening to the opinions of the people's supervisors and hearing officers, it was believed that the facts of the case have been basically ascertained, the evidence has been collected and fixed, and Ke Moumou has reached a settlement agreement with the infringed company, and the adoption of bail pending trial will not cause social danger. , there is no need to continue to detain Ke Moumou, and the compulsory measures are changed to release on bail pending trial.
On April 4, 2023, the Mingxi County Procuratorate prosecuted Ke Moumou for copyright infringement. On the 20th of the same month, the Mingxi County People's Court made a first-instance judgment and sentenced the defendant Ke Moumou to 3 years' imprisonment, suspended for 4 years, and a fine of RMB 400,000 for the crime of copyright infringement. The defendant did not appeal and the judgment has taken effect.
Red Star News reporter Qi Biao
(Source: Red Star News)
