saw the news on the Internet, the court today, that is, in March 20, 2008, Chen Shoufu, the author of the snake made a judgment. According to the verdict, Chen Shoufu, the author of the crime of copyright infringement, was sentenced to three years in prison and fined $1 million 200 thousand. So far, I did not see the verdict of the case.
at first sight, the author of the coral reef was found guilty, and although it was not yet in effect, I was disappointed that Chen Shoufu had been acquitted. However, the control of the relevant laws of our country carefully considered, the results of the case is the shortest sentence within the statutory sentencing range. Although the results of this trial is still difficult to accept, but to fight for such a verdict, it is estimated that many of the support of Chen Shoufu’s news media and netizens have played a big role in the call.
throughout the coral coral case, according to the author Chen Shoufu’s indictment, the illegal income of more than one million, is the legal minimum for the serious circumstances of nearly 10 times, the coral coral QQ website provides the download copies, is the number of replication of QQ software is more close to ten million, is thousands of times the provisions of the criminal law the minimum amount of "serious circumstances copying software 2500". (see the relevant legal basis and the case at the end of this paper) according to common sense, if Chen Shoufu’s crime is so serious, the legal sentence from 3 to 7, even with a maximum sentence of 7 years of judgment is also possible, however, the only decision for 3 years. From this perspective, the court lenient sentence for coral has belonged to author’s judgment.
according to the author’s experience, if the case does not have the so high media and public attention, coral author Chen Shoufu will at least be sentenced to 5 years or more, or even violate copyright crime, the maximum penalty of 7 years imprisonment. Although the court of first instance has support from the decision, "felony lenient sentence" of the case. However, the author believes that, in such a case, the author does not constitute a crime, so it should appeal. The reason why the author has been in a number of blog posts were described, interested readers can read my previous blog posts. The website has said publicly that the coral reef will appeal the case. For the case of second instance, we wait and see.
Yunting in Shanghai intellectual property lawyer MSN & Email:yytboy (@ hotmail.com); Tel: 8621-22116000
legal basis: in accordance with the provisions of article fifth of the Supreme People’s court and the Supreme People’s Procuratorate on the interpretation of several issues concerning the specific application of law in the criminal cases of infringement of intellectual property rights:…… For the purpose of profit, the implementation of article 217th of the criminal law by one of the acts of copyright infringement, the amount of illegal income of more than one hundred and fifty thousand yuan, belong to the huge amount of illegal income; one of the following circumstances, belong to "other especially serious.