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China ’s first live broadcast dispute cases were concluded in the case of fighting fish defeat of 1.1 million

2025-01-27 12:06:20|Myriagame |source：minecraft skins

The reporter learned from the Shanghai Intellectual Property Court (referred to as the "Shanghai Inspection Court") that on May 9, the Shanghai Inspector Court of Industry Property Court of Prosecutors Guangzhou Douyu Network Technology Co., Ltd. (referred to as "Douyu Company") complained to the appellee Shanghai Yao YaoYu Culture Media Co., Ltd. (referred to as "Yaoyu Company") Copycrofal infringement and unfair competition dispute appeals made a second trial judgment, rejected the appeal, and maintained the original sentence.Douyu Company needs to compensate Yaoyu's economic loss of RMB 1 million and a reasonable expenditure of RMB 100,000 in rights protection, and publish a statement on a prominent location on the homepage of Douyu website to eliminate adverse effects.This case is a copyright infringement and unfair competition disputes caused by the first e -sports game game network live broadcast.

Douyu intercepted the DOTA2 event screen to broadcast

DOTA2 (Dota) is an e -sports online game developed by Valve Corporation.In 2014, Yaoyu Company signed a strategic cooperation agreement with the game agent operator Perfect World (Weibo) (Beijing) Network Technology Co., Ltd. (hereinafter referred to as "Perfect Company") to jointly build the 2015 DOTA2 Asian Invitational Tournament.The competition is exclusive to the exclusive video broadcast right of mainland China.

After that, Douyu Company was unauthorized to intercept the competition screen with an anchor review through the client's watch -watching mode, live broadcast the event in real time, and used the logo of Yaoyu Company during the live broadcast.Therefore, Yaoyu Company appealed to the court to ask Douyu Company to stop infringement, eliminate impact, and compensate for economic losses and reasonable costs of 8.211 million yuan.

After trial of the first instance, the network users could only watch the ongoing events in the specific time period of Douyu Company's live broadcast.Copyright rights, and the competition screen does not belong to the work stipulated in the copyright law, so Yaoyu's proposition on Douyu Company's infringement of his copyright cannot be established, but it is determined that Douyu Company constituted inappropriate competition, and then he decided that he would bear the effects of eliminating the impact and compensation for the economy.Losses and reasonable costs totaling 1.1 million yuan.

Maintain the original judgment in the second instance

After the verdict, Douyu Company refused to accept it and appealed to the Shanghai Injustice Court.

Douyu believes that most of the current domestic game live broadcast websites adopt the "client to intercept the game screen, and then transfer the screen to watching players, and with your own platform's commentary and soundtrack", game manufacturers have not mentioned thisOut of objections.The game client involved in this case does not have any prohibitions to intercept the broadcast of the screen. According to the law, there is no explication of the law of civil law. The behavior of Douyu Company is essentially reporting to the event involved.The reasonable scope of use of the onlookers.In addition, Douyu's behavior has not damaged the economic interests of Yaoyu Company, so its behavior does not constitute unfair competition.

The second instance of the Shanghai Intellectual Products Court believes that Douyu Company did not invest any investment in the organizational operations involved in the case, nor did it obtain the permission of video broadcast rights, but it was free to enjoy Yaoyu's investment in a large number of people, material, and financial organizations.The business achievements, for the business interests and competitive advantages for themselves, are actually a kind of "ride -hailing car" behavior. They seized the number of audiences who originally belonged to Yaoyu Company, which led to the serious diversion of their website traffic, affecting their advertising revenue capabilities, damage to damage.Its business opportunities and competitive advantages will weaken the value -added power of its network live broadcast platform.

Therefore, the Shanghai Injustice Court believes that Douyu's behavior violates the principles of honesty and trust in the Anti -Unfair Competition Law, violates recognized commercial ethics, harms the legitimate rights and interests of Yaoyu Company, destroys the market competition order. It is obviously obviousImproper nature constitutes unfair competition.

Court: The subjective and maliciousness of Douyu's improper competitive behavior is obvious

Although game manufacturers also encourage video platforms to report game competitions, can any game client participants or bystanders be broadcast or live on the game competition?

According to the Shanghai Zhishi Court, even if the gaming manufacturer encourages video platforms to broadcast game competitions, it belongs to its free license, and does not indicate that the participants and bystanders of the game client may have the right to live the game screen without permission.Broadcast and commercial use.

The court also believes that the DOTA2 game department involved in the case is world -renowned e -sports online game. The official Chinese website of the game clearly states that the event involved is the international professional competition hosted by the perfect world, hosted by MARSTV, and exclusively broadcast by Fire Cat TV.As a professional game live broadcast website, the appellant should know that such a large -scale well -known event broadcast must be permitted by authorization. It is still known that the appellant has enjoyed the exclusive video broadcast right of the event.The subjective and maliciousness of the unfair interests is obvious.The conclusion of this case has a good guidance and regulatory role in the domestic e -sports game industry in full swing in China.

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