Recently, reporters learned that Jay Chou and Jay Will Music Co., Ltd. sued Guangzhou NetEase Computer Systems Co., Ltd., NetEase (Hangzhou) Network Co., Ltd., and Hangzhou NetEase Leihuo Technology Co., Ltd. (the three companies are the relevant main companies of NetEase's game "Tianxia 3" (hereinafter referred to as "NetEase") unfair competition dispute case, the plaintiff lost the first instance, and the second instance will be heard on March 26.
According to informed sources, the first instance of the case ruled in favor of the defendant "Tianxia 3", and the court rejected all litigation claims including Jewell's 2.05 million yuan claim. The court found that the mode of forwarding lottery draws is a common publicity method on Weibo. "Tian Xia 3" Weibo distributed Jay Chou's digital album at its own expense and other player welfare activities are not profitable in nature, and it is difficult for the public to associate Jay Chou as a spokesperson. has not Violating business ethics, it was determined that the defendant did not constitute unfair competition.
On March 19th,
related topics became the first hot search topic.
Jay Chou sued NetEase for unfair competition.
On April 17 last year, Jewell sued NetEase to court for unfair competition. The cause was 2022 NetEase When promoting its game "Tianxia 3", Zeng made elements of Jay Chou's new album into game props, and held a forwarding lottery on the official Sina Weibo account to give away Jay Chou's new digital album and concert tickets.
Jewell and "Tian Xia 3" have successively issued statements
Jewell believes that NetEase's above-mentioned behavior is an improper use of Jay Chou's super popularity, the super popularity of his new album and the wide spread of his music works to provide gaming services. Draining traffic, thereby increasing game users and ultimately realizing profits, constitutes unfair competition, requiring NetEase to publicly publish a statement and compensate for economic losses of 2 million yuan and reasonable rights protection expenses of 50,000 yuan.
The plaintiff lost the case in the first instance and all claims were dismissed
According to relevant sources close to NetEase's "Tianxia 3", NetEase won the case in the first instance, and the court rejected all litigation claims including Jewell's 2.05 million yuan claim.
The court of first instance held that, first of all, the mode of forwarding the lottery is a common publicity method on Weibo. "Tianxia 3" Weibo's player welfare activities such as giving away Jay Chou's digital album at its own expense are not profitable. The public will not easily mistake the lottery party and Jay Chou. There are certain relationships such as endorsements.
At the same time, the court held that although "Tianxia 3" used elements from Jay Chou's new album as game props in the game, the "game props" were only "vouchers" for album redemption, and the activity was only for veteran players above level 20. Openness does not have the nature of attracting new customers or making profits, nor does it constitute unfair competition.
In addition, the court determined that from the perspective of the purpose of the behavior, the use of Jay Chou's name in the lottery Weibo by "Tianxia 3" was a fair use, as it was indicating that the prize was Jay Chou's new album. In addition, from the perspective of the results of the behavior, the plaintiff did not prove damage. The court held that the relevant public has a certain degree of judgment and can distinguish these activities as interactive behaviors between businesses and consumers. It is difficult for the public to associate Jay Chou as a spokesperson, so the above behaviors do not constitute unfair competition.
Netizens are hotly discussing the love of the second girl in
: Will the prizes in the lottery also involve infringement?
Fake Immortal - Yuan Shi is currently doucaoying: Under normal circumstances, if I spend money to buy this product, it is mine, and I have the right to dispose of it. I can use it for whatever I want, right?
gundam-exia: If someone buys a gift at their own expense and gives it to someone else, who needs permission? Do I need to ask the mobile phone manufacturer if I want to buy 100 mobile phones?
KuKuKuCaoZai: Respect the result, this matter has been brought back and forth, and only the fans’ hearts have been hurt.
ljingccc: With this trend, it is even less likely to hear Jay Chou’s songs on NetEase.
