Tencent is compensated 45.24 million yuan

Tencent was compensated 45.24 million yuan, and the Court confirmed that the amount of compensation for the infringement of the right of reproduction of six game maps and the right of information network dissemination of Tencent’s “cross the line of fire” game was 45.24 million yuan.
Legend is coming.
Recently, Shenzhen intermediate people’s court made a first instance decision on Tencent’s case of suing seven companies, including Changyou yunduan and yingyinghuiyi, for infringing the copyright of online game “cross the line of fire” game map by six game maps of mobile game “gun battle of the whole people” issued by yingyingyinghuiyi, and ordered seven defendants to stop the infringing act immediately and jointly compensate Tencent for its economic losses And the reasonable maintenance cost exceeds 45.24 million yuan.
“Crossing the line of fire” is a first person shooting online game launched by South Korea’s Xiaomen company in 2007. Tencent has the exclusive agent operation right of “crossing the hot line” in mainland China from 2012 to 2021. “Crossing the line of fire” is very well-known in China, with a very wide range of game players.
“Gun battle of the whole people” is a mobile game developed by Changyou cloud (Beijing) Technology Co., Ltd., which is a wholly-owned subsidiary of hero Entertainment Technology Co., Ltd. of the new third board company. “Gun battle of the whole nation” pioneered the game control mode of left-hand mobile role, right-hand mobile lens and shooting, so that when there is no peripheral equipment such as mouse, keyboard and game handle on the mobile phone end, it can also give players high-quality shooting control experience.
Tencent sued that the artistic images of many game maps, small maps and props and firearms in the national gunfight are the same or substantially similar to those in the operation structure, layout, color matching and modeling design of the cross fire line, as well as the game design it carries. Tencent is suspected of infringing the copyright of the cross fire line game, so it will develop and transport it Seven companies operating “gun battle for all” filed a lawsuit to the court.
According to the judgment obtained by 21st century economic report, Tencent sued for plagiarism of six game scene maps of “crossing the line of fire”, including transportation ship, new year square, railway station, street battle, border trade city and giant city ruins. Ai Rui’s consulting report shows that the utilization rate of the players of the six maps accounts for 62.3% of the total scene maps of crossing the line of fire.
Taking the “transport ship” of the two games as an example, the court found that the plane outline and structure, object position arrangement, object shape and object quantity of the “transport ship” small map in the “gun battle of the whole people” were the same as those of the “transport ship” small map in “crossing the fire line”.
In terms of game scene map, the court found that the same points of the two “transport ship” cabin maps are: one cabin is set at both ends of the map, and two exits are set in each cabin, one of which is equipped with L-shaped curtain wall. In the cabin, the path entrance to the opposite position on both sides of the map is set behind the L-shaped curtain wall. The difference is: the scene color decoration art appearance is different.
In the case of map of the cabin scene of the transport ship “gun battle of the whole people”, both parties applied for expert support personnel. According to the judgment, the expert assistant of the plaintiff said that shooting game is a very sophisticated game for map structure. There are seven stages in making a shooting game map, with an average production cycle of three months. White box design is the most important. In the white box state, the design of shelter and path is used to achieve the preset goal. After the completion of the white box iteration test, you can attach any artistic effect to the white box. On the other hand, this process is reversible. You can directly strip the art resources of the game map, remove the art effect, get the white box, and then give the white box to the art to change the skin again, which saves the steps of designing the white box.
In the first person shooting game, the operation mode and shooting mode are the most important, and the scene map of the game is a very small part of the game design, said the expert assistant of the defendant.
The court held that the game scene map conforms to the type of “schematic diagram” in the “copyright law” on “explaining the principle or structure of things” in graphic works, and should be protected by the copyright law. In terms of the basic expression of the overall composition, internal combination structure and layout of the six game scene maps accused of infringement in the “gun battle of the whole people”, they are the same or substantially the same as those in “crossing the line of fire”. In case of infringement of Tencent’s right of reproduction and information network communication, Tencent shall be liable for the infringement.
For the determination of the compensation amount, the judgment shows that the court estimated the net profit of Changyou cloud’s “gun battle of the whole people” from 2015 to may 2017 to be more than 572 million yuan based on the data disclosed in the hero entertainment announcement. The judgment also shows that the life cycle of “gun wars for all” is designed to be 5 years, which will be online in 2014, growing in 2015 and 2016, and declining in 2017 and 2018. The growth rate of recharge income in 2017 has been – 17.7%.
In addition, the court determined the contribution rate of the game map to the first person shooting game as 20% according to the claims of the plaintiff and the defendant. The court also combined the evidence of both sides, taking 39.53% as the contribution ratio of six game maps in this case in all game maps.
Finally, the Court confirmed that the compensation for the infringement of the right to copy six game maps and the right to spread information on the Internet by the national gun battle was over 45.24 million yuan (572 million X20% x39.53%).