While operating both the website and the app, koichi uploaded pirated films, television dramas and submitted links to the search engine, attracting a large number of people to view the site, while downloading links from the app and directing them to download the app of one of the cinemas in which they operate。
At the beginning of 2022, when some advertisers found that koichi's website and app had a high number of views and downloads, they contacted koichi for a fee advertisement on his website and app。
On 1 june of the same year, the public security organs referred the case to the minghu county public security bureau on suspicion of violating copyright. The case was also listed as a joint list of five departments, namely, the copyright authority of the central ministry of public information, the national “smuggles against africa”, the ministry of public security, the ministry of culture and tourism, the supreme inspectorate, etc。
By the time of the incident, koichi had uploaded more than 50,000 free films and television plays and received more than $350,000 for advertising。
Lead the investigation
Number of works identified as violations
Upon arrival, the minghu county public prosecutor's office was invited by the public security organs to intervene early in accordance with the law, in accordance with the mechanism for hearing serious and difficult cases。
After examining the evidentiary material, the prosecutor concluded that the video productions in which the alleged rights had been violated constituted a small proportion of the website operated by koichi and the app, that there were a large number of video works involved on the site and app and that the rights holders were dispersed, and that the public security organs had found insufficient evidence of the number of unauthorized video works and had not formed a complete chain of evidence。
Based on the consolidation of evidence in the case, the prosecutor made a point of evidence leading the investigation on how to determine the number of works in violation: (b) the timely extraction of electronic data from the detained suspect's computers, hard drives and leased servers on his illegally stored video-visual works, as well as on conversations on the suspect's mobile phone, transactions for which advertising fees are charged, etc., to further ascertain the attribution of copyright rights to works in violation。
In the end, the public security organs, by consolidating electronic data on the violation video works stored in koichi's rented server, removed duplicate items, and determined that the number of violation video works was 576,000, in conjunction with the expert opinion and the author's opinion on the violation video work。
On 15 february 2023, the public security organs referred ko to the minghu county public prosecutor's office for examination and prosecution on suspicion of violating copyright。
The case prosecutor examined the evidence of the case and found that, in order to escape the attack, koichi had used several networks of his close relatives to pay for the advertisement of accounts, which, in addition to the advertising fees, also had non-case-related income。
In order to establish the facts of the case as soon as possible and to improve the efficiency of the case, the court decided to conduct its own supplementary investigation。
The prosecutor in charge of the case drew up qqq chat records from a cell phone, comparing the content of the chat with the advertiser on how to calculate advertising costs on the basis of browsing with the data on the website and app viewed by statistics, and combing the transactions on the internet payment account used by riko. The amount of funds collected for advertising was calculated by way of an itemized account, and the amount of money transferred was verified on a case-by-case basis。
Recovery of stolen property
Reduction of claims by rights-holders
At the prosecution stage, the prosecutor found that she had not compensated the rights holder and had not obtained an understanding from the rights holders. On 14 march 2023, the public prosecution service decided to arrest koichi. At the same time, the prosecutor took the initiative of listening to the right-holder, using compensation for the right-holder's loss as a sentencing circumstance, upholding the reasoning of the law, and enforcing the obligation of compensation on the part of the right-holder and facilitating a settlement between the parties. In the end, koichi voluntarily compensated the right-holder for the loss, which guaranteed to the maximum extent the legitimate rights and interests of the right-holder。
The public prosecutor has also been active in guiding koichi in the conduct of the case and, as a result of his efforts, has withdrawn all the proceeds of the offence and pleaded guilty. Subsequently, one of the close relatives applied for a change of coercive measures against him, and the prosecutor's office conducted a review of the necessity of detention on the basis of the application. After holding public hearings and hearing people's monitors and hearing them, the procuratorial authorities decided that the facts of the case had been essentially established, that the evidence had been collected and that a settlement had been reached between koichi and the rights holder, that there would be no social danger of taking bail pending trial, and that there was no need for continued detention。
In april 2023, koichi was at the hearing on the violation of copyright。
On 4 april 2023, the prosecutor's office of minghu county filed a complaint against koichi on suspicion of violating copyright. On 20 april, the court sentenced ko to three years in prison, suspended for four years and fined $400,000。
The national people's congress will have to comment
Representative of the national people's congress
Director of the centre for the study of the large data on burning trauma at the university of fukuya
Professor, institute of biosciences and engineering
In the age of the internet, the crime of piracy spread to the internet, and copyright protection faced many challenges, such as filing cases, evidentiary difficulties, identification difficulties and recovery. In recent years, the public prosecutor's office has firmly established the concept of protection of intellectual property rights as an innovation, promoted the comprehensive exercise of the functions of inspection of intellectual property rights, severely combated the violation of copyright rights in the dissemination and operation of networks, effectively defended the legitimate rights and interests of copyright holders, and provided judicial guarantees for cultural market regulation and health development。
It is hoped that the prosecution authorities will punish piracy and increase the cost of cyber-invasive intellectual property offences. To think ahead of time about how to respond to the challenge of protecting the rights of the internet, to step up electronic forensics, to strengthen the use of wisdom, to enable “data modelling” to improve the efficiency of cyber-violation cases; to actively introduce external expertise in response to the complex, professional and powerful characteristics of cyber-violation offences; to strengthen collaboration with relevant functional sectors; and to create cross-regional, cross-sectoral and cross-level mechanisms for intellectual property protection. At the same time, advocacy for the rule of law for the protection of intellectual property rights should be strengthened, with a typical case-by-case approach that leads citizens to a sense of copyright awareness, a conscious respect for intellectual property rights, and a good climate of protection in society as a whole, with a clear and secure network environment。
Is 100,000 songs a pirate
Chongqing chong cai:
It's hard to break digital music copyright by decorating evidence. Case
At present, new types of intellectual property offences against music copyrights, copyrights for computer software and internet piracy of digital journals are on the rise. How to contain the “wild growth” of these crimes
In january this year, the first case of violation of copyright for digital music in the city, handled by the public prosecutor's office of chuqing city, was brought to the attention of the supreme court. In handling this case, the public prosecutor, using a sample of evidence according to the law, deciphered the problem of identifying the copyright of 100,000 music music, and integrated and integrated performance of his or her duties contributed to social governance in the area of digital copyright。
Musically hot friends build their own websites for profit
“recommends strongly that this music site, which has a high quality of musical resources, both domestic and foreign, is available for downloading, and that each song is for the price of cabbage!” a website called the under tree music forum, which is not only well designed, but also full of experience, has attracted many fans of music, “a great view.”。
“the website, which provides a fee-paying, domestic and international music download service, has a preliminary survey by law enforcement officials which estimates that it offers more than 10,000 tort music.” in november 2020, the local civil service referred the case to the public security authorities. On 15 november 2021, the public security authorities arrested huang, the operator of the site。
Huang, a music friend, collects a lot of songs and uploads them to the website, which attracts a large number of fever friends to watch “rewards”, and when he finds it profitable to sell pirated music, the idea of developing a web site to charge for the sale of songs。
Since 2014, huang has been renting servers at home to set up a music download site for the under tree music forum. Through purchases from offshore websites, downloads from free websites, and digitalized gel recordings, he has acquired over 100,000 national and international songs that are uploaded into the pay-for-run cloud webs for storage and downloading of the above-mentioned musical works。
The under tree music forum website is membership-based and members can access the cloud links and extraction codes for songs at a charge-for-charge. The cost of a musical album varies from $2 to $10, with a maximum of $100, and is not capped。
As of the time of the incident, the number of music posts published on the site stood at more than 25,000, with more than 60,000 registered members and more than 2,000 full members, totalling more than 500,000。
It's a challenge to decipher the mass music
In november 2020, the public security organs opened a case for investigation. The public prosecutor's office of the zou côte d ' ivoire has appointed public prosecutor dowijon to intervene in the case in accordance with the law and lead the investigation into the evidence. Upon completion of his review of the case file, he found that the case had lasted for several years and involved more than 100,000 musical works, with rights holders concentrated outside the country and involved several globally recognized record companies。
“it is not only that, in order to ascertain whether the music recorded on the site is suspected of violating copyright, it is extremely difficult to obtain a determination of title and authorization from the right holder of the work.” dow weijun realized that it would not be feasible to authenticate more than 100,000 songs on a case-by-case basis。
Case prosecutor reviews case files。
How should we determine whether the music on the site is related to abuse? To that end, the public prosecutor's office of the chu centre and the district public security directorate have held joint police meetings. At the meeting, a proposal was made to identify the copyright of the musical works involved by means of sample evidence, in conjunction with the relevant case regulations previously consulted by towiyun。
“the key to the sampling is to ensure normative, scientific, representative, and randomly extracted music that covers not only different types of songs, such as chinese and english, but also different record companies.” dow wie-jun further explained that each category was subject to random proportional sampling, which allowed maximum proximity to the facts of the case and significantly reduced identification difficulties and evidentiary costs. Guided by this line of evidence, the public security organs have randomly extracted over 1,500 copies of over 100,000 musical works for copyright certification, as required by the norms。
The case prosecutor examines how to proceed。
During the course of the case, tao weijun interacted face-to-face with the beijing representative of the international association for the defence of human rights (switzerland), informing him of his procedural rights and obligations under the law, directing him to submit the relevant evidentiary material concerning the musical works in question, and actively cooperating with the judicial authorities in the certification of copyrights while safeguarding his legitimate rights and interests. In august 2022, the final findings came out that all of the above-mentioned songs on the “under tree music forum” website were not authorized by copyright companies and were indeed in violation。
