The Court confirmed that the amount of compensation for the infringement of the right to copy six game maps and the right to information network dissemination of the game "across the line of fire" was 45.24 million yuan.
Recently, the Shenzhen intermediate people's court made a first instance judgment on the case of Tencent suing Changyou yunduan, hero mutual entertainment and other seven companies for copyright infringement, found that the six game maps of the mobile game "national gun battle" issued by hero mutual entertainment infringed the copyright of the game map of the online game "crossing the line of fire", and ruled that the seven defendants should immediately stop the infringement, Jointly compensate Tencent for economic losses and reasonable rights protection expenses of more than 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 agency operation right in cross fire Chinese mainland from 2012 to 2021. Crossing the line of fire has a very high popularity in China and has a very wide group of game players.
National gun battle is a mobile game developed by Changyou cloud (Beijing) Technology Co., Ltd., which is a wholly-owned subsidiary of hero mutual Entertainment Technology Co., Ltd. of new third board company. "National gun battle" pioneered the game control mode of left-hand mobile character, right-hand mobile lens and shooting, so that players can also have a high-quality shooting control experience without mouse, keyboard, game handle and other peripherals on the mobile phone.
Tencent sued that the multiple game maps, mini maps and multiple props and firearms art images of "national gun battle" are the same or substantially similar to those of "crossing the line of fire" in terms of operation structure, layout setting, color matching and modeling design, and the game design carried by it is also the same. It is suspected of infringing its copyright in the game of "crossing the line of fire", so it will develop Seven companies operating the national gun battle sued the court.
According to the judgment obtained by the 21st Century Business Herald, Tencent sued that the six game scene maps of "crossing the line of fire" were copied, including the ruins of transport ships, new year's Square, railway stations, street battles, border trade city and giant city. Airy consulting report shows that the player utilization rate of these six maps accounts for 62.3% of all 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 location arrangement, object shape and number of objects in the 'transport ship' mini map of the national gun battle 'were the same as those in the' transport ship 'mini map of crossing the line of fire.
In terms of the game scene map, the court found that the similarities between the two compartment maps of the 'transport ship' are: a compartment is set at both ends of the map, two exits are set in each compartment, and one exit is equipped with an L-shaped curtain wall. In the cabin, the path entrances leading to the opposite position on both sides of the map are set behind the L-shaped curtain wall. The difference is: the scene color is different from the appearance of decorative art.
In the lawsuit, both parties applied for expert support personnel. The judgment shows that the expert assistant of the plaintiff said that the shooting game is a game with very exquisite map structure. Making a shooting game map goes through seven stages, with an average production cycle of three months. White box design is the most important. In the white box state, the preset goal is achieved through the design of shelter and path. After the white box iteration test is completed, you can add art effects to the white box at will. Conversely, 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.
The expert assistant of the defendant said that 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 small part of the game design.
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. The six game scene maps accused of infringement in the national gun battle are the same or substantially the same as those in crossing the line of fire in terms of overall composition, internal combination structure and layout arrangement. They infringe the reproduction right and information network communication right enjoyed by Tencent, and shall be liable for their infringement.
For the determination of the amount of compensation, the judgment shows that the court, combined with the data disclosed in the hero mutual entertainment announcement, estimated that the net profit of Changyou cloud's national gun battle from 2015 to may 2017 was more than 572 million yuan. The judgment also shows that the life cycle of the national gun battle is designed to be five years. It went online in 2014, entered a growth period in 2015 and 2016, and entered a recession period in 2017 and 2018. Among them, the growth rate of recharge income in 2017 has been - 17.7%.
In addition, in combination with the claims of the plaintiff and the defendant, the court determined the contribution rate of the game map to the first person shooting game as 20%. The court also combined the evidence of both parties and took 39.53% as the contribution ratio of the six game maps in this case to all game maps.
Finally, the Court confirmed that the amount of compensation for the infringement of the right to copy six game maps and the right to information network dissemination of the game across the line of fire was more than 45.24 million yuan (572 million X20% x39.53%).
Source: 21st Century Business Herald
Original title: Tencent lost more than 45 million yuan! "National gun battle" was sentenced to copy the map of "crossing the line of fire"