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A record $50 million in compensation! In the final judgment of the dispute over the infringement of Minecraft by Mini-World, NetEase won the lawsuit

via:新浪科技     time:2022/12/4 20:00:53     readed:102

Every by editor Wang Yuelong cover stream.

According to the China Securities Journal, Minecraft, a popular game owned by NetEase, won the final hearing of its plagiarism lawsuit against Mini World on December 2.

截图来源:《我的世界》官网Screenshot from Minecraft official website

It is reported that the Guangdong High People's Court recently made a final judgment on the copyright infringement and unfair competition dispute case between Guangzhou NetEase and Shanghai Wangzhiyi Company against Shenzhen Mini Play Company. It found that Shenzhen Mini Play Company constituted unfair competition, ordered it to delete 230 infringing elements in the game and compensate NetEase 50 million yuan.

It is understood that this is also the domestic game infringement dispute case the highest award amount.

Minecraft (Chinese name: Minecraft) is a popular sandbox game developed by Swedish company Mojang in 2009, Yangcheng Evening News reported. In May 2016, NetEase announced that it had obtained the exclusive right to operate the game in China and was entitled to defend its rights against any intellectual property infringement and unfair competition. In the same month, Shenzhen Mini Play Company launched Mini World on mobile Android, and later launched mobile ios version and computer version. In 2019, NetEase filed a lawsuit with Shenzhen Intermediate People's Court, accusing Mini World of copying many core basic elements of Minecraft, and the highly similar overall images of the two games, which constituted copyright infringement and unfair competition. The court ordered Mini Play to stop the infringement, eliminate the impact and compensate 50 million yuan.

The first instance of the Shenzhen Intermediate People's Court found that Mini World constituted copyright infringement and ordered Mini Play to delete the infringing game elements and compensate NetEase more than 21.13 million yuan. Later, both parties refused to accept the appeal to the Guangdong High Court.

The Guangdong High Court rejected NetEase's claim of copyright infringement because it held that the whole screen of the two games constituted a similar film work, namely "audio-visual works" under the new copyright law. However, the similarities between the two games lay in the design of game elements rather than the game screen.

At the same time, the court found that Mini-World and Minecraft were highly similar in gameplay rules and overlaps so much in game element detail that they exceeded the limits of reasonable borrowing. By copying the design of game elements, mini-play companies directly grab the key and core personalized business value of others' intellectual achievements, and seize business opportunities by improperly obtaining others' business interests, which constitutes unfair competition.

In determining the amount of compensation, the court, based on the superior evidence such as the downloads and revenue data of Mini World displayed on the third-party platform, calculated by various methods and found that the infringement profit of Mini Play company far exceeded the amount of compensation claimed by NetEase, and fully supported its claim for compensation.

The judge said that after taking into account the characteristics of sandbox games, the proportion of infringing content, the possibility of rectification and other factors, and focusing on the rights that players may enjoy in the game, he did not support NetEase's request to stop the operation of Mini World from the perspective of balancing the interests of both parties and protecting the interests of players. And ordered Mini-Play to remove 230 game elements that infringed on Mini-World.

In recent years, the country has gradually attached importance to IPR protection, saying that strengthening IPR protection is an inherent requirement for promoting the construction of an innovative country and high-quality development, according to Beijing Business Daily. "Intellectual Property and Youth: Innovation for a Better Future" is the theme of this year's World Property Protection Day. The content creation industry with intellectual property as the core should respond to the country's call for intellectual property protection, strengthen the support and protection of creators' intellectual property, and create a good creation environment for creators.

Supporting originality, respecting and upholding intellectual property rights and the rights and interests of creators are the needs of the development of the country and the development of the content creation industry. The end of the final judgment of Minecraft's victory over Mini World is not only a judgment on Mini World's behavior, but also of great significance for promoting the healthy development of the industry.

Edit | Wang Yuelong cover flow

Proofreading | He Xiaotao

translate engine: Youdao

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