Jay Chou sued the game for exploiting its popularity, but lost the first trial. The second trial was held on March 26.
According to media reports, Jay Chou and Jaywell Music Co., Ltd. recently 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", referred to as "NetEase") lost the first instance of the unfair competition dispute case.
On April 17 last year, Jewell sued NetEase to court on the grounds of unfair competition. The reason was that when NetEase was promoting its game "Tianxia 3" in 2022, it used elements from Jay Chou's new album as game props. The official Sina Weibo account held a lottery to give away Jay Chou's new digital album and concert tickets.
Jay Chou believes that this is using his "super popularity" to attract traffic to the game without obtaining authorization.
Tianyancha app shows that the second trial will be held on March 26.
Jay Chou Fang: Unauthorized, the game "takes advantage of Jay Chou's super popularity to attract traffic"
On July 11, 2022, Jewel Music announced on Weibo that the recent event launched by the online game "Tianxia 3" gave away Jay Chou's latest digital album "The Greatest" "Works" and concert tickets, the company emphasized that it has never authorized the use of Jay Chou's musical works in this game. It was announced that the event had nothing to do with Jay Chou and the company, and "entrusted a lawyer to handle it."
Jie Weifang believes that the above-mentioned behavior of NetEase is an improper use of Jay Chou's extremely high popularity, the extremely high popularity of the new album and the widespread dissemination of music works to attract traffic to the game, thereby increasing the number of game users and ultimately realizing profits, and constitutes unfair Fair competition requires NetEase to publish a public statement and compensate for economic losses of 2 million yuan and reasonable rights protection expenses of 50,000 yuan.
NetEase: Paying back to old customers at its own expense, no profit
Tianxia 3 issued a statement the next day, which explained that the activity of giving away Jay Chou's album was only a daily activity of "Tianxia 3" to give back to old customers, and the company did not use Jay Chou in the game. music. At the same time, he admitted that the behavior of giving away tickets was indeed without the permission of Jewell and Jay Chou.
The forwarding lottery model is a common publicity method on Weibo. "Tianxia 3"'s Weibo provides Jay Chou's digital album at its own expense and other player welfare activities are not profitable. In the lottery Weibo, "Tianxia 3" uses Jay Chou's name. It is also reasonable. The use indicates that the prize is Jay Chou's new album.
Sky Eye Check shows that Jewell currently has 2 pieces of information involved in judicial cases, both of which are related to NetEase.
Court: The activity does not have the nature of attracting new customers or making profits, and does not constitute unfair competition.
According to Tianyancha news, the first instance of the case will be heard on April 17, 2023.
The court held that although "Tianxia 3" uses elements from Jay Chou's new album as game props in the game, the "game props" are only "vouchers" for album redemption, and the event is only open to experienced players above level 20 in the game. It does not have the nature of attracting new customers or making profits, nor does it constitute unfair competition.
Jewell also proposed in the lawsuit that the use of Jay Chou's musical works in the WeChat public account article published by "Tianxia 3" on March 6, 2022 also constitutes infringement. In this regard, the court held that the mention of "Blue and White Porcelain" on the WeChat public account had a weak connection with other behaviors involved in the case and was an independent act.
The two plaintiffs clearly gave up their claims of copyright infringement in this case and requested protection under the Anti-Unfair Competition Law. However, even if evaluated according to the Anti-Unfair Competition Law, the song is played by gamers and the lyrics and music are widely known, making it difficult to identify This behavior undermines the order of fair competition and therefore does not constitute unfair competition.
At the same time, 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. It does not violate business ethics and NetEase does not constitute a breach of contract. Fair competition.
Jay Chou lost the first trial, and the second trial will be held next week
According to media reports, relevant people close to NetEase's "Tianxia 3" confirmed that NetEase won the case in the first trial, and the court rejected all litigation requests including Jay Will's 2.05 million yuan claim.
Sky Eye Check shows that Jay Chou once served as a shareholder of Xi'an True Love Fantasia Catering and Entertainment Co., Ltd., and the company is currently in a deregistered state; through Sky Eye big data analysis, Jay Chou is associated with 14 pieces of surrounding risk information, among which the company he was a shareholder of has been involved in Sued for copyright ownership and infringement disputes.
In addition, the second instance of the unfair competition dispute case between Jay Chou, Jay Will Music and NetEase will be held in the Hangzhou Intermediate People's Court on March 26.
Xiaoxiang Morning News comprehensive
