news December 14th, coral and Tencent infringement case in December 19th in Shenzhen Nanshan District court, lawyers believe that the trial results are not optimistic. In this battle to protect intellectual property rights, instant messaging software provider Tencent has been accused of too tough stance, but it was also pointed out that the practice of coral QQ alleged improper profit.
in December this year, coral QQ author Chen Shoufu attorneys notified, the case will be held on December 19th at the Shenzhen trial, and Chen Shoufu himself in mid September this year, has been arrested by the local public security bureau from Beijing back to Shenzhen. Tencent believes that coral QQ modification official version of the alleged infringement.
Shanghai, a law firm lawyer You Yunting (blog) has published a number of blog articles on the case analysis, the tour that Chen Shoufu can only be regarded as civil rather than criminal offenses. Generally speaking, the result of civil tort is slightly less than that of criminal offense. Lawyers believe that if the infringement is established, Chen Shoufu may be sentenced to 1 to 7 years in prison.
Yunting said in a blog post, "although in civil law, modify the work of others is a tort, but according to the criminal law of our country in the 217th preceding quote only the provisions of the constitution making copy the works up to a certain standard of crime, and does not require modification of the works of others behavior, and in this in the case of the tort is mainly just modify the behavior of the works of others. Therefore, the behavior of Soff does not conform to the constitutive elements of the crime of copyright infringement, does not constitute this crime."
Internet industry observers and some users believe that coral QQ is convenient for users in some functional design, and think of Chen Shoufu as the individual belongs to the weak in the case of Tencent, the tough behavior expressed disappointment.